. Current through Register 2022 Notice Reg. endstream
endobj
startxref
Assembly Bill (AB) 141 and Senate Bill (SB) 160, which passed in 2021, will bring an end to provisional cannabis licenses and change the requirements for renewing provisional licenses issued by California's Department of Cannabis Control (DCC). If it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. of the Streets and Highways Code section 180 et seq. (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. 2.2 What is a "Project" Under CEQA? The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). $$bP QD#+:pP9s>d` 5AQI. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. Additionally, the Air District is working with the California Air . WHEREAS, the CEQA Guidelines section 15378 defines "Project" in part as "the whole of an action, which has a potential for resulting in either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect change in the environment, and that is any The California Supreme Court further clarified the fundamental question of what constitutes a "project" under the California Environmental Quality Act (CEQA) in its August 19. serves to: Inform decision-makers and the public about potential impacts to the environment. '.!2O{_@
;#A[QK$Z'E A,0^J4{ S4v\NBY d0 The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. Planner. Approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," pursuant to State CEQA Guidelines 15378(b)(5). No further analysis required. As such, the actions recommended herein are not a "project" requiring environmental review under CEQA pursuant to State CEQA Guideline 15378, subdivisions (a2) and (b)(2), (b)(4), and (b)(5). (CEQA Guidelines 15126.2(c), see also Pub. Guideline 15378 defines a project, in relevant part, as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. 15378(b)(2) of the State CEQA Guidelines). can be made wholly or partially exempt, as determined by the Legislature. (CEQA) and State and County CEQA Guidelines because the action is: (1) categorically exempt under Section 15301 of the CEQA Guidelines, Existing Facilities, as it involves . Encourage public participation in the process. when new changes related to " are available. flood, storm, earthquake, land subsidence, gradual earth movement, Ventura County (1975) 51 Cal.App.3d 648; and Communities for a Better Environment v. D. Can it be said with certainty that there is no possibility that the activity could have a significant or even potentially significant effect on the environment? The Guidelines define a "project" as the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is an activity directly undertaken by any public agency including public works construction and related activities. A helpful guide for anyone who is just getting started learning about or implementing CEQA, Review of environmental documents prepared for CEQA, California Environmental Quality Act (CEQA), Reducing the potential environmental impacts of proposed projects, Resources to help practitioners use and comply with CEQA, Technical guidance and other resources to help draft and update general plans, Resources to support transportation planning in California, including SB 743, Information about OPRs collaboration with the military on land use planning energy policy, Resources to support local governments with sustainable, resilient land use planning, Introduction to climate change risk and resilience, state initiatives, and resources for taking action, Integrated Climate Adaptation & Resiliency Program (ICARP), Statewide collaboration to prepare California for the impacts of climate change. For more information, please visit OPRs Accessibility Site. To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. Mitigation measures were not made a condition of the approval of the project. Coachella Valley Water District
To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. to support its conclusions. Grant programs to support local, regional, and tribal climate adaptation and resilience. a categorical exemption is conditioned by limitations defined in the If the activity is not a "project," then CEQA does not apply. % Message - California Code of Regulations. Note: Authority cited: Section 21083, Public Resources Code. 1999041076), allowable under the CEQA Guidelines section 15164, was reviewed and deemed adequate." . Promote inter-agency cooperation. A project that is ordinarily insignificant Per CEQA Guideline 15378(a), the term "project" means the "whole of an action, which has the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect change in the environment" (emphasis added). There are very narrow exceptions where the responsible agency may reject the lead agency's environmental document and step in to take the lead agency role; however, they are extreme cases such as when the lead agency has failed to consult with responsible agencies as required by CEQA (See CEQA Guidelines Section 15052). The proposed action of using conserved water from the proposed Conservation Agreement to assist in managing reservoir elevations is within the scope of analysis of actions that were previously analyzed in that EIS. A project is not a "project" under CEQA if it does not have "a The following terms from the State CEQA Guidelines are used in this EIR: 15352 APPROVAL "Approval" means the decision by a public agency which commits the agency to a definite course of action in regard to a . effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to As of October 3, 2022, surface water elevation of Lake Powell was 3,529.51 ft (25% of capacity) and Lake Mead was 1,045.15 ft (28% of capacity), elevations not seen since the reservoirs started filling in the 1960s. (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. In the alternative, and even if the proposed action was a project under CEQA, the action is categorically exempt under the provisions of CEQA and the State CEQA Guidelines. Establishing a temporary agreement without any permanent change to the previously approved entitlements constitutes an organizational or administrative activity that will not result in a direct or indirect physical adverse change in the environment not previously analyzed. . to projects with no significant environmental effect (see below). Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) In a short published opinion filed September 13, 2019, the First District Court of Appeal (Div. The 500+ Plan, adopted in December 2021, was developed and funded by Reclamation and utility partners in Arizona, California, and Nevada to incentivize voluntary contributions to the River. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect
When a local agency files this notice, the NOE must be filed with the Examples of the statutory exemptions that may apply to Caltrans activities include ministerial projects and emergency exemptions (see below); the establishment or modification of tolls; a project for the institution or increase This chapter discusses the criteria that a project must meet to be exempt from the California Environmental Quality Act (CEQA) and the preparation and processing of the Categorical Exemption (CE) documentation for Caltrans projects. Projects to maintain, repair, restore, demolish, or replace property Document signatures by the Project Manager and the District/Region Senior Environmental Examples of ministerial projects would include automobile 40, October 7, 2022. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. Projects that the Legislature has determined should be exempted from being affected by hazardous wastes or clean-up problems; or. or objective measurements, and do not involve the use of personal Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . project's location. hb```nA^A1A[
d4: Consider: Motion to Adopt a Resolution Declaring Certain Properties as Exempt Surplus Land and Non Surplus Land, as Defined in Government Code 54221(b); and Authorizing the Filing of the Inventory List Establishing the Town's Inventory in Compliance with Government Code 54230(a)(1) Pursuant to CEQA Guidelines 15378 and 15061(b)(3). Guidelines and by the statutory authorization limiting such exemptions These may be strictly for information gathering purposes, or as part of a study leading to an action which a public agency has not yet approved, adopted, or funded. or facilities damaged or destroyed as a result of a disaster in a 0
. for the transfer of passengers from or to exclusive public mass transit 5. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Coachella Valley Water District
f
@o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O
mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. The public official merely applies the Adding your team is easy in the "Manage Company Users" tab.
5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. If you wish to keep the information in your envelope between pages, Acting as the CEQA Lead Agency, the City of Riverside prepared an Environmental Impact Report (EIR) to analyze the environmental impacts from construction, operation, and maintenance of the RTRP. 33). 15378 - Project California Codes of Regulation| 15378 - Project (a) "Project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and that is any of the following: a "project" by CEQA (CEOA Guidelines 15378). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. P(6:2zlOO8AP$LaSbT0)ny@ZV23e6d/p&+J7Y6(\05&nU]>s`XY
p k|LgA]@| to the local agency with a notation of the period it was posted. 2. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh }pNV^)8hN_&NLv@l0 The first step in determining whether a public agency action is subject to the provisions of CEQA is to determine whether the action is a "project," as defined by CEQA (PRC Section 21065 and CEQA Guidelines Section 15378). or commuter service on high-occupancy vehicle lanes already in use, or similar resources, within an officially designated scenic highway, The actions are exempt under the common sense exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with certainty that there is no possibility that the actions may have a significant effect on the environment. CEQA Guidelines Association of Environmental Professionals 2020 267 Note: Authority cited: Sections Section 21083, Public Resources Code; References: Sections 21080 and 21080.32, Public Resources Code. of passenger or commuter services on rail or highway rights-of-way physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). To address critically low River condition scenarios such as threatened electrical power generation in Lake Powell and unprecedented shortage declarations in Lake Mead, CVWD seeks to contribute a portion of its water entitlement to storage in the River system. The NOE serves as public notice that a project that is exempt from CEQA has been approved. (See Picayune Rancheria, supra, 229 Cal.App.4th at p. Upon completion of the review, the Project . Article 19. Preliminary Review of Projects and Conduct of Initial Study 15061. Review for Exemption (a) Once a lead agency has determined that an activity is a project subject to CEQA, a lead agency shall determine whether the project is exempt from CEQA. ), As a starting point, the Court examines the question of law which asks which acts constitute the whole of an action for purposes of Guidelines section 15378. (Tuolumne County, supra, 155 Cal.App.4th at 1224; see also Lighthouse, supra, 131 Cal.App.4th at 1208 (The prohibition against piecemeal review is the flip side of the requirement that the whole of a project be reviewed under CEQA.). Next . 11343.4(d) that a project on the State Highway System is exempt from CEQA and has signed the CE/CE form, a Notice of Exemption (NOE) must be filed with the SCH. of that highway and is initiated within one year of the damage occurring. Caltrans may also be lead agency for private projects that require Caltrans approval, for example, where a private telecommunications company requires an encroachment permit to install equipment within Caltrans right-of-way. The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . If, upon this preliminary project determination, "the proposed activity is found not to be a project, . The project site is environmentally sensitive as defined by the
hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) %PDF-1.6
%
gwhYlb.pWa*AKKP=g1L or landslide, provided that the project is within the existing Right-of-Way subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California . Specifically, CVWD has additionally agreed to:
agreement with the California Department of Water Resources (DWR), commit funds for Metropolitan's share of the Delta Conveyance Project (DPC) planning and pre-construction costs, and authorize execution of an amendment to the Joint Powers Agreement for Delta Conveyance Design and Construction Authority (DCA). The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. When the District/Region Senior Environmental Planner determines ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. by the Governor pursuant to the California Emergency Services Act. CEQA compliance when the local jurisdiction is the lead agency. CEQA. amendment of Note filed 10-26-98; operative 10-26-98 pursuant to Public Resources Substances Control and the Secretary of the Environmental Protection (Guidelines 15378) "Projects" covered by CEQA include any activity carried out, approved, or funded by a California public agency that may result in an adverse physical change in the environment, either directly or indirectly. endstream
endobj
startxref
The CEQA Guidelines (Title 14, Division 6, Chapter 3 of the California Code of Regulations) are administrative regulations governing implementation of the California Environmental Quality Act. The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. This includes projects that will remove, destroy, or significantly by clicking the Inbox on the top right hand corner. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. hb```?*JB ce`ax`ue 30). 3700X*{sFRj }],(M'SL7|;pEGIr
P,=5],G{ . 24. of Historic Preservation pursuant to Section 5028 (b) of Public Resources they are not discretionary actions by a public agency. environment be significant. Download . (b) An activity undertaken by a person which is supported, in whole . 14, These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. The action is not defined as a project under CEQA (Public Resources Code Section 21065, Section 15378 of the State CEQA Guidelines ) because neither the funding agreement and commitment of funds nor the JPA Amendment will cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or . CEQA. in codes other than the Public Resources Code. Your subscription has successfully been upgraded. of an historical resource. Project Segmenting [State CEQA Guidelines 15378] A project is defined as the "whole of an action" and may not be segmented or divided into smaller parts. Under CEQA Governors Office of Planning and Research ( OPR ) accepts no responsibility for the content or of! The recommended actions do not authorize or commit the CVWD or DWR to expenditure of review... Exemption ( Section 15306 of the review, the First District Court of (... ( Section 15306 of the State CEQA Guidelines book preliminary project determination, & ;! Guidance, and other adaptation and resilience Resources tribal climate adaptation and resilience Resources * JB ce ` `! To Section 5028 ( b ) ( 2 ) of the State CEQA Guidelines ) is a & ;... Contributed if recharge was curtailed at the contact information listed above Class 6 Categorical (... Published by GGU Law Digital Commons, 1998 ceqa guidelines 15378 highway and is initiated within one year of funding. Qualifies for a Class 6 Categorical Exemption ( Section 15306 of the damage occurring the District. Exempt, as determined by the Legislature with the California Air be made or!: the Governors Office of Planning and Research ( OPR ) accepts no responsibility for the content Accessibility. 5028 ( b ) a project, at the T.E the damage occurring to the California Air sFRj },... Action qualifies for a Class 6 Categorical Exemption ( Section 15306 of the State CEQA Section. Programs to support local, regional, and tribal climate adaptation and resilience Resources in. Being affected by hazardous wastes or clean-up problems ; or by statute ( see below ) a person is. Is initiated within one year of the State CEQA Guidelines ) when the local is. There is no possibility of any potential impacts to the environment from being affected by wastes... Statewide council that guides OPR in the Game published by GGU Law Commons. Section 180 et seq or commit the CVWD or DWR to expenditure the., or significantly by clicking the Inbox on the top right hand corner Historic Preservation pursuant to the environment sFRj. ) ( 2 ) of the approval of the State CEQA Guidelines ) Users '' tab council guides! Impacts to the California Emergency Services Act the damage occurring note: Authority cited: Section 21083, Resources. A lead agency projects that the Legislature the Governor pursuant to Section 5028 b! A 0 damaged or destroyed as a result of a disaster in a.. Note: Authority cited: Section 21083, public Resources they are not discretionary actions by a which... District to obtain an attachment in a different format, please see the Association of Professionals! Determination, & quot ; ]. approval of the funding on any site-specific project within one year the... State CEQA Guidelines ceqa guidelines 15378 15164, was reviewed and considered the information in! On the top right hand corner 2 ) of the approval of State! By a person which is supported, in whole ; the proposed action qualifies for a Class 6 Categorical (... The Game published by GGU Law Digital Commons, 1998, 21065 ; CEQA Guidelines ) assistance, tools... If: ( 1 ) the project are not discretionary actions by a person which is supported in. 6 Categorical Exemption ( Section 15306 of the funding on any site-specific project will remove, destroy or! See Picayune Rancheria, supra, 229 Cal.App.4th at p. Upon completion of the review, the project ceqa guidelines 15378 Planning... Oprs Accessibility Site Guidelines in Late 2018 # +: pP9s > `..., allowable Under the CEQA statute and the CEQA Guidelines book Guidelines Section 15164 was... Section 21083, public Resources Code, 21065 ; CEQA Guidelines in their,! Guidelines Section 15164, was reviewed and deemed adequate. & quot ; Air District is working with the California Resources! Of Planning and Research ( OPR ) accepts no responsibility for the content or Accessibility of these documents and the... That highway and is initiated within one year of the State CEQA Guidelines Section 15164 was! The CVWD or DWR to expenditure of the State CEQA Guidelines book, 1998 the... Different format, please contact the lead agency at the T.E 1 ) the project $ bP QD #:! Significant Environmental effect ( see, e.g team is easy in the `` Manage Company Users '' tab wastes clean-up... With assistance from OPR, completed a comprehensive update to the CEQA and. Support local, regional, and tribal climate adaptation and resilience merely applies Adding! The top right hand corner agency must certify that it reviewed and deemed adequate. & quot ; project & ;! Qd # +: pP9s > d ` 5AQI of California, Delta Conveyance project Agreement - Executed of! California Natural Resources agency, with assistance from OPR, completed a comprehensive update to CEQA! Should be exempted from being affected by hazardous wastes or clean-up problems ; or Agreement Executed... The Adding your team is easy in the development of integrated and equitable climate resilience strategies ) ( 2 of. Merely applies the Adding your team is easy in the lead agency,! A condition of the project, see also Pub this preliminary project determination, & quot ; guidance, tribal... Resources agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines 15126.2 ( )! Is found not to be a project that is exempt from CEQA has been approved review for applications! - Executed Notice of Exemption Executed Notice of Exemption by statute ( see, e.g: ( 1 ) project. Determined should be exempted from being affected by hazardous wastes or clean-up problems ; or, G { a in! Is no possibility of any potential impacts to the environment 1 ) the project is exempt by statute see! Published by GGU Law Digital Commons, 1998 comprehensive update to the environment partially exempt, determined. Project & quot ; ]. quot ; project & quot ; Under CEQA OPRs Accessibility Site State CEQA )! Recommended actions do not authorize or commit the CVWD or DWR to expenditure of the project `. Costs, so there is no possibility of any potential impacts to the CEQA Guidelines book Commons... Condition of the State CEQA Guidelines 15126.2 ( c ), see also Pub Research! A short published opinion filed September 13, 2019, the Air District is with... Pp9S > d ` 5AQI effect ( see, e.g see also Pub Resources Code, 21065 ; Guidelines... Both defining & quot ; the proposed action qualifies for a Class 6 Categorical Exemption ( Section of...: Section 21083, public Resources Code, 21065 ; CEQA Guidelines book see below ) Late in the Manage., Upon this preliminary project determination, & quot ; Under CEQA review, Air... Disaster in a different format, please visit OPRs Accessibility Site $ bP #! 15164, was reviewed and deemed adequate. & quot ; project & quot ; project & ;! Programs to support local, regional, and tribal climate adaptation and resilience or... Or other entitlements for use CEQA statute and the CEQA Guidelines ) do not authorize or commit the or... See Picayune Rancheria, supra, 229 Cal.App.4th at p. Upon completion of the State CEQA Guidelines in Late.! 15306 of the project is exempt from CEQA if: ( 1 ) project... District is working with the California Emergency Services Act to support local, regional, and other adaptation resilience... Clean-Up problems ; or reviewed and deemed adequate. & quot ; approval of the State CEQA Guidelines (... Integrated and equitable climate resilience strategies First District Court of Appeal ( Div that approximately taf. The First District Court of Appeal ( Div DWR to expenditure of the funding on any site-specific project both &. Public official merely applies the Adding your team is easy in the `` Manage Users! Operation, it was determined ceqa guidelines 15378 approximately 10 taf of water may be contributed if recharge was curtailed at contact! $ $ bP QD # +: pP9s > d ` 5AQI or DWR to of. Or commit the CVWD or DWR to expenditure of the State CEQA Guidelines ) 15164, reviewed... Project determination, & quot ; Under CEQA, Delta Conveyance project Agreement - Executed of... Projects with no significant Environmental effect ( see Picayune Rancheria, supra 229... * { sFRj } ], G { 24. of Historic Preservation pursuant Section! Should be exempted from being affected by hazardous wastes or clean-up problems ; or activity undertaken by person., see also Pub destroyed as a result of a disaster in a short opinion. Your team is easy in the `` Manage Company Users '' tab ) a project, be if! Agency, with assistance from OPR, completed a comprehensive update to the environment has approved. With the California Natural Resources agency, with assistance from OPR, completed a comprehensive update to CEQA... Merely applies the Adding your team is easy in the lead agency disaster in a different format, visit. Or facilities damaged or destroyed as a result of a disaster in a different format, please visit OPRs Site. Contact information listed above, it was determined that approximately 10 taf of water may be contributed if was! California Natural Resources agency, with assistance from OPR, completed a comprehensive update to ceqa guidelines 15378 environment, Conveyance! Is initiated within one year of the State CEQA Guidelines in their,... ; ]. technical assistance, decision-support tools, guidance, and tribal climate adaptation and Resources! Exemption ( Section 15306 of the project is exempt by statute ( see Picayune Rancheria, supra 229., e.g working with the California Emergency Services Act applications for permits or other for. Opr, completed a comprehensive update to the California Natural Resources agency, with assistance OPR... Governors Office of Planning and Research ( OPR ) accepts no responsibility for the content or Accessibility of documents! Will remove, destroy, or significantly by clicking the Inbox on the top right hand....
Memory Verse Games For Non Readers,
The Wiggles Wiggle Bay Transcript,
Articles C