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2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. Send Print Report. Disclose public agency decisions. 4 0 obj Projects that the Legislature has determined should be exempted from Section 3. These classes are known as categorical exemptions. However, 15378(b)(2) of the State CEQA Guidelines). (a) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. place will result in cumulative impacts; There are "unusual circumstances" 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. or commuter service on high-occupancy vehicle lanes already in use, of the Streets and Highways Code section 180 et seq. including the modernization of existing stations and parking facilities; None of the exceptions to the use of the common sense exemption as identified in State CEQA Guidelines 15300.2 exist with the recommended actions, Copyright 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. of a regional transportation improvement program, the state transportation Furthermore, where 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 (Section 1506l(b)(3) of the State CEQA Guidelines). 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . THE SUNSET LANDMARK INVESTMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, PETITIONER VS CITY OF LOS ANGELES, A MUNICIPAL CORPORATION, ET AL. A finding that the project is exempt from CEQA, including documentation If the project is determined to be categorically exempt, Caltrans must consider whether the exemption is negated by an exception pursuant to CEQA Guidelines, Section 15300.2, and Public Resources Code, Section 21084. (2) The project is exempt pursuant to a categorical exemption (see . Local agencies may find this guidance useful for CEQA compliance for transportation projects for which they are the CEQA lead agency. (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. and resource evaluation activities needed for the environmental review and permitting do not result in any adverse impacts to an environmental resource. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 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 . 0 to maintain, repair, or restore an existing highway damaged by fire, Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines. 3. of passenger or commuter services on rail or highway rights-of-way You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 4) affirmed the trial court's judgment denying a }pNV^)8hN_&NLv@l0 Such exceptions may apply under the following circumstances: If a project is not statutorily exempt and a categorical exemption does not apply, it may qualify for the common sense exemption (CEQA Guidelines 15061(b)(3)). << /Length 5 0 R /Filter /FlateDecode >> Section 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. 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). Accessing Verdicts requires a change to your plan. hbbd```b``.dT `L~l X>u!Y "[A$CX6DZH@d:X,*"5H`]a 5@]@|30:? $ Jeannie Lee is Chief Counsel at OPR where she works on a broad range of legal and policy issues related to CEQA, land use, climate, and transportation. Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. (b) An activity undertaken by a person which is supported, in whole . (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. Public Utilities Code Section 1001 et seq. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. in codes other than the Public Resources Code. The California Environmental Quality Act (CEQA), now more than 40 years old, is one of the state's most important environmental laws. Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. endstream endobj startxref If approval of the 2022 Agreement did constitute a project subject to CEQA, the action would be exempt from CEQA review pursuant to State CEQA Guidelines 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the 2022 Agreement may have a significant effect on the environment. no personal judgment by the public official as to the wisdom or manner %%EOF 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. Categorical Exemptions SECTIONS 15300 TO 15332 15300. % Categorical Exemption: State CEQA Guidelines 15301. 2. Compliance with CEQA: This action is not a project within the meaning of CEQA Guidelines Section 15378 and is therefore not subject to CEQA, since it does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. State CEQA Guidelines section 15378. o. Authorize the General Manager to execute the Agreement for the Advance or Contribution of Money to the California Department of Water Resources for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project (funding agreement); The Agreement with U.S. Bureau of Reclamation (Reclamation) will allow CVWD to conserve usage of imported Colorado River water through curtailment of groundwater replenishment activities in Calendar Year 2022 (CY22). (See, CEQA Guideline 15378(c).) hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : CCR 15378. Any state or federal permit or consultation requirements should be noted. 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. Executive Order 12372 and federal grant resources, Key resources for understanding and implementing CEQA, Information on how transportation impacts are analyzed under CEQA, Judicial streamlining for Environmental Leadership Development Projects (SB7 and AB900). 2.2 What is a "Project" Under CEQA? 24. Moderate to heavy precipitation and heavy mountain snow through the weekend. 27 . This program specified that participants would be reimbursed for verified savings. CEQA Guidelines, 15378(b)(4). ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. tit. 33). x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh For more information on the various types of project approval documents, please refer to the Project Development Procedures Manual Chapter 12. 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). hb```?*JB ce`ax`ue (CEQA Guidelines, 15378(b)(1), 15379.) Article 19 - Categorical Exemptions. of carrying out the project. Each notice shall remain posted for a period of 30 days. ". Document the use of the common sense exemption on the CE/CE form. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. Cal. though, because CEQA provides that "the discussion of mitigation measures shall distinguish between the measures which are proposed to be included in the project and other measures proposed by the lead, responsible or trustee agency if required as conditions of approving the project." [CEQA Guidelines 15126.4(a)(1)(A). Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." Thereafter, the clerk shall return the notice The project and successive projects of the same type in the same facilities; a project for the institution or increase of passenger hko\Gr|Ba/|WvYXJ`0h H G$eJ$ xNONuw:. Caltrans is the lead agency for its own projects. environment be significant. 8f ! Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. Fish and Wildlife Service, U.S. Army Corps of Engineers, U.S. Coast Guard, California Coastal Commission, park officials, U.S. Department of Interior/National Park Service, Advisory Council on Historic Preservation, and State Historic Preservation Officer to obtain agreement on expedited environmental processes to address the requirements of other federal and state environmental laws. of an historical resource. Cal. The notice is filed with the SCH via CEQA Submit. Will YIGBYs say 'Hallelujah!' in 2023? 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? Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. Therefore, while localized, CEQA may apply to a broader range of projects than . 404 0 obj <>/Filter/FlateDecode/ID[<1CD5281495D4114EA650AF4EC2FFB83A>]/Index[385 34]/Info 384 0 R/Length 90/Prev 186517/Root 386 0 R/Size 419/Type/XRef/W[1 2 1]>>stream 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 also prepare and issue its own findings regarding the project, as applicable, and file a Notice of Determination (NOD) with the California State Clearinghouse (SCH). When This volume will be subsequently deducted from CVWDs 2022 water order and properly accounted for by Reclamation staff to ensure that it is not counted as underused water (e.g. Your credits were successfully purchased. 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. Resources Code, 2106 ; CEQA Guidelines, 15378.) For more information, please visit OPRs Accessibility Site. 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. Caltrans can also be a responsible agency for non-Caltrans projects that impact Caltrans facilities, for example, where a city will need to obtain an encroachment permit for conducting work within Caltrans right-of-way. 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 . (Guidelines, 15378, subd. The funding agreement and commitment of funds will provide Your subscription was successfully upgraded. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. The local agency shall retain the notice for not less than 9 months. Under the CEQA Guidelines, 15060(c)(3), an activity is not subject to CEQA if it is not a project as defined in Section 15378. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. 1. Planner. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. A program EIR is an EIR which may be prepared on a series of actions that can be characterized as one large project and are related either: (1) Geographically, (2) As logical parts in the chain of contemplated actions, (3) In connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program . 2.2 What is a "Project" Under CEQA? Article 19. The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. CVWD has made a determination that it is possible to conserve Colorado River water in CY22 under an existing Reclamation program. Note: Authority cited: Section 21083, Public Resources Code. Grant programs to support local, regional, and tribal climate adaptation and resilience. Guidelines and by the statutory authorization limiting such exemptions First, approval of the 2022 Agreement is not subject to CEQA because it does not constitute a "project," i.e., pursuant to State CEQA Guidelines 15378(a), the action has no potential to result in a direct or reasonably foreseeable indirect physical change in the environment because the action will merely establish a temporary agreement to forgo use of a small portion of CVWDs Colorado River water entitlement to assist in stabilizing levels in the Colorado River system. Message - California Code of Regulations. ], Guidance for Determining CEQA Lead Agency Status for Project on the State Highway System, Mandatory Filing of Notices of Exemption for Projects Subject to CEQA, Categorical Exemption/Categorical Exclusion (CE/CE) subsection (d) and Note filed 10-6-2005 pursuant to section 100, title 1, California The California Department of Fish and Wildlife with regard to the fish and wildlife of the state, to designated rare or endangered native plants, and to game refuges, ecological reserves, and other areas administered by the department; The State Lands Commission with regard to state owned "sovereign" lands such as the beds of navigable waters and state school lands; The State Department of Parks and Recreation with regard to units of the State Park System; The University of California with regard to sites within the Natural Land and Water Reserves System. CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced The project websites for permit applications that come before the CPUC include electric, gas, water and telecommunications projects. No further analysis required. The overall activities involve CEQA analysis, environmental permitting, and design and engineering to support those pre-construction planning activities for the DCP. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . project's location. it, too will have no direct or reasonably foreseeable indirect impacts on the physical environment. Upon completion of the review, the Project . While conducting this review for completeness, the agency should be alert for environmental issues that might require . (CVWD). Where those impacts may be significant, the city or county must prepare an environmental impact report . The purpose of the environmental review process is to ensure that environmental constraints and 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. 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. @H/Sbu 0 ! Additionally, the Air District is working with the California Air . In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. CEQA Guidelines 15378). The approval of this agenda . creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, The City Council shall hold a . Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. DWR proposed the DCP and initiated the required California Environmental Quality Act environmental review in January 2020, and it has a contract with the DCA for engineering and design work needed to support that review and other pre-construction planning. All separate permits and approvals for a particular project shall be considered together along with the underlying activity itself when determining the project's environmental or subjective judgments in deciding whether or how the project should by the Governor pursuant to the California Emergency Services Act. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. law to the facts as presented but uses no special discretion or judgment 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. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. Examples of ministerial projects would include automobile The Coachella Valley Water District (CVWD) is a State Water Project Contractor and its service area includes portions of Riverside, Imperial and San Diego counties. A trustee agency means a state agency having jurisdiction by law over natural resources affected by a project that are held in trust for the people of the State of California. state scenic highways, nor any project undertaken, carried out, or This does not include long-term projects undertaken for the purpose of preventing or mitigating a situation that has a low probability of occurrence in the short-term, but this exclusion does not apply (i) if the anticipated period of time to conduct an environmental review of such a long-term project would create a risk to public health, safety or welfare, or (ii) if activities (such as fire or catastrophic risk mitigation or modifications to improve facility integrity) are proposed for existing facilities in response to an emergency at a similar existing facility. Since ministerial projects are already exempt, In an opinion filed on December 16, 2021, and belatedly ordered published on January 13, 2022, the Fourth District Court of Appeal rejected a CEQA challenge to a small multifamily project in the City of Santa Cruz. Section 15060 - Preliminary Review. Section 15168 - Program EIR (a) General. 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). The recommended actions do not authorize or commit the CVWD or DWR to expenditure of the funding on any site-specific project. Activity is exempt from the CEQA because it is not a project as defined in Section 15378. This document is not available on Westlaw. %PDF-1.3 1) Approve funding request for Coachella Valley Water Districts (CVWD) share of preliminary design, environmental planning, and pre-construction costs for the Delta Conveyance Project (Conveyance Project) for calendar years (CY) 2023 and 2024, in an amount not to exceed $7,365,119 and, 5O6m>V;z)P_j]kRzyj+lpjp6*e[|D'_>{sq>//~qW?=~q~g|o/&o/]g_^xG~r?Q5p=?]HCgoO}wUpumfWod=ZO>\^/~|{?l}]}>} x 6,#,}{~nn]W? HARLAN, SUSAN C Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. Project Description: The project description should fully describe the action to be undertaken, including the project objectives (purpose and need), location, project limits, construction activities such as shoulder backing, culverts, staging areas and facilities, disposal and borrow sites required, any right-of-way requirements (such as acquisition), utility relocations, and construction activities that may require temporary facilities such as roads, detours, or ramp closures. have identified, pursuant to Government Code section 65962.5, as It is estimated that the contribution volume will be approximately 10,000 acre feet (af). Specifically, CVWD has additionally agreed to: "@8 e`"@,`4alE$`^)HOXuCi{ Wd`kid`` ]o>Qc@ZOgXJ@5(DY6iCu: RN The appropriate CE/CE formmust Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. These actions are not The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. In the list that follows, the classes set forth in CEQA Guidelines Sections 15301 - 15332 are shown in bold italics, with further elaboration or explanation for applying these exemptions in San Francisco shown in normal upper- and lower-case type. Code. Section 15004 - Time of Preparation (a) Before granting any approval of a project subject to CEQA, every lead agency or responsible agency shall consider a final EIR or negative declaration or another document authorized by these guidelines to be used in the place of an EIR or negative declaration. endstream endobj startxref Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). No specific physical location. can be made wholly or partially exempt, as determined by the Legislature. Copies of all such notices shall be available for public inspection Chapter 3. A project is not a "project" under CEQA if it does not have "a subject to CEQA; however it is advisable that Caltrans includes documentation in the project file that offers evidence that the project is exempt by statute. If the activity is not a "project," then CEQA does not apply. PreliminaryReview Therequired CEQA review process can result in three different determination/document typesan in reaching a decision. ], Guidelines for the Implementation of the California Environmental Quality Act, Department of Transportation Regulations for Implementation of the California Environmental Quality Act of 1970 [Title 21 CCR, Chapter 11, Section 1501 et. Amendment of subsection 1. The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. The project websites for permit applications that come before the CPUC include electric, gas, water and . (See Picayune Rancheria, supra, 229 Cal.App.4th at p. 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. a "project" by CEQA (CEOA Guidelines 15378). Resources Code 21100.1, 21000(a) ("maintenance of a quality environment for the people of this state now and in the future is a '.!2O{_@ ;#A[QK$Z'E A,0^J4{ S4v\NBY d0 hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) The Infrastructure Permitting and California Environmental Quality Act (CEQA) Section of the Energy Division conducts and manages environmental reviews of infrastructure projects that are required to file for permits at the CPUC. ), Hon. or when the project has received a determination by the State Office 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). For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). Metropolitan Water District of Southern California, Authorize execution of a Funding Agreement with the California Department of Water Resources; Authorize execution of amendment to JPA for Delta Conveyance DCA. Your recipients will receive an email with this envelope shortly and The Secretary for the California Natural Resources Agency has adopted CEQA Guidelines implementing Public Resources Code section 21094.5 and 21094.5.5 (SB 226 - Infill Streamlining). 2. Informal consultation and further environmental studies may need to be initiated with applicable resource agencies, such as the U.S. alter an historical resource when that resource represents an imminent 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. Climate Assessment, Science, and Research, Californias Climate Change Assessment, research priorities, and visualization tools, A program being developed by OPR, GO-Biz, and LWDA to support resilient, equitable, and sustainable regional economies, Inclusive and sustainable economic development across Californias diverse, interconnected regions, Initiative to bolster California's defense supply chain cybersecurity resilience, and to help grow and sustain California's cybersecurity workforce, California Intiative for the Advancement of PrecisionMedicine, Research and partnerships to advance patient-centered approaches that improve health outcomes, Research to improve STEM education access and outcomes to empower Californias future workforce Projects undertaken, carried out, or approved by a public agency 14, The Air District's CEQA Guidelines will include information to help local governments prepare plans that meet the State's climate goals. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) 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. 510 Nova Llc Fort Worth Tx Phone Number, The Cooler Restaurant Washington Dc, Joan F Addis, Articles C