. Send Print Report. << /Length 5 0 R /Filter /FlateDecode >> }pNV^)8hN_&NLv@l0 Christine Asiata Rodriguez, is the Manager of the State Clearinghouse (SCH) at the Governors Office of Planning and Research (OPR). The Colorado River (River) has been experiencing prolonged drought since 2000, during which time the total system storage has declined from 57 million acre feet (maf) (95% full) to a historically low volume of 19.54 maf in October 2022 (33% full). Current through Register 2022 Notice Reg. 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. Public Utilities Code Section 1001 et seq. 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 description is a brief summary of the proposed project and its consequences in sufficient detail as to describe the project being contemplated and provide the focus for the . (b) A project is exempt from CEQA if: (1) The project is exempt by statute (see, e.g. Accordingly, since the proposed program involves operation and implementation of CVWDs existing Colorado River water distribution facilities and groundwater replenishment facilities with no or negligible expansion of use beyond that existing at the time of the lead agencys determination, these actions qualify for a Class 1 Categorical Exemption (State CEQA Guidelines Section 15301). The amendment to the DCP Joint Powers Agreement (JPA amendment) will alter the membership in the DCA and provide a voting structure that reflects the members' respective funding levels, so try clicking the minimize button instead. 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. or when the project has received a determination by the State Office Amendment of subsection (b)(3) and new subsection (b)(5) filed The adoption of the regulations is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" as that term is defined in the CEQA Guidelines (California Code of Regulations, Title 14, Section 15000 et seq.). 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 Adding your team is easy in the "Manage Company Users" tab. Message - California Code of Regulations. Be prepared, pack your patience, and if you must travel, go safely. they are not discretionary actions by a public agency. 2. Your credits were successfully purchased. 11343.4(d) Environmental impacts expected from the implementation of the 2007 Interim Guidelines For Lower Basin Shortages and the Coordinated Operations of Lake Powell and Lake Mead (Guidelines) were analyzed in an Environmental Impact Statement (EIS), pursuant to National Environmental Policy Act (NEPA) of 1969 (refer to the following link http://www.usbr.gov/lc/region/programs/strategies/FEIS/index.html). The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical . 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. effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to CEQA Guidelines, 15378(a) Reasons for Exemption. environment be significant. (.U/ku3\s6v(X,d)xon9X+H(R9>R'j|f9Uusx^-=! XU; S=X;;2Aqf=%ybP(BP2v(u0: DAhz5 &t,&`HnU&8{WYZ\5qmE8t 521uO`QPk,{ Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Your recipients will receive an email with this envelope shortly and be carried out. ICARP technical assistance, decision-support tools, guidance, and other adaptation and resilience resources. 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. ]AfQk(K VO by the Governor pursuant to the California Emergency Services Act. 4) affirmed the trial court's judgment denying a more analytics for HARLAN, SUSAN C. Please wait a moment while we load this page. Change without regulatory effect amending 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. The approval of this agenda . Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. (See CEQA Guidelines, 15357 [definition of "discretionary project"].) Please be advised that California Government Code Section 26857 states that "No fee shall be charged by the clerk for service rendered to any municipality or county in the state, or to the state or national government, nor for any service relating thereto. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. (Register 97, No. If, upon this preliminary project determination, "the proposed activity is found not to be a project, . The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). Your subscription was successfully upgraded. Emergency repairs include those that require a reasonable amount of planning to address an anticipated emergency. The CEQA Guidelines, which are regulations adopted by the State Natural Resources Agency (Cal. classes of projects which have been determined not to have a significant The Metropolitan Water District of Southern California, Alameda, Contra Costa, Los Angeles, Sacramento, San Joaquin, Solano, Yolo, 700 N Alameda Street Los Angeles, CA 90012, PRC 21065 14 CCR 15378(b)(2) 15378(b)(4) 15061(b)(3) 15306. Examples of ministerial projects would include automobile 4 0 obj 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. Section 15168 - Program EIR (a) General. The proposed action of adopting the temporary Colorado River water Conservation Agreement with BOR in 2022 is exempt under the provisions of CEQA and the State CEQA Guidelines. Code Regs. the requirements of CEQA, and projects which fall under such exemptions Authorize the General Manager to enter into the Memorandum of Understanding for Class 8 Member Agencies Election Procedures for the DCA Board of Directors. Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) be completed and shall include: The CE/CE form must be retained in the Project file along with any documentation For more information, please visit OPRs Accessibility Site. Your subscription has successfully been upgraded. Statewide council that guides OPR in the development of integrated and equitable climate resilience strategies. Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). 1280 0 obj <> endobj 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. Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. ]Qov3Ef^R%TAo*h x[QQ @s,a>P0h*]`eUc. _8>/euzZ.I1 rwL8HC#^. 2.2 What is a "Project" Under CEQA? 4. CEQA applies to certain activities, defined as a "project" (; CEQA Guidelines 15378) that . 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). $$bP QD#+:pP9s>d` 5AQI. (See, CEQA Guideline 15378(c).) . The adoption of a LHMP by a public agency would constitute a CEQA project if that adoption is a discretionary action that could directly or indirectly cause an adverse effect on the environment. Information on the regulations implementing the California Environmental Quality Act (CEQA). Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. 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. The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . 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. 159 0 obj <>stream Accessing Verdicts requires a change to your plan. A brief statement of reasons to support the finding. Responsible agencies must actively participate in the lead agency's CEQA process and consider the lead agencys environmental document prior to acting upon or approving the project. California Resources Agency (2002) 103 Cal.App.4th Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. (See, CEQA Guideline 15050(b).) A "project" is an activity "which has a . Step Two: Does CEQA Apply to This Activity? Levy Groundwater Replenishment Facility for the remainder of CY22. 24. Coachella Valley Water District Change without regulatory COUNTY OF VENTURA, ET AL. 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). Code Regs., tit. Document signatures by the Project Manager and the District/Region Senior Environmental or landslide, provided that the project is within the existing Right-of-Way . %PDF-1.6 % The State CEQA Guidelines: These are the CEQA regulations and are labeled "guidelines" because they contain many advisory and permissive interpretations in addition to mandatory requirements. Amend South Pasadena Municipal Code (SPMC) Section 36.220.030 (Residential Zoning 27 . 37). (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 . 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific disaster stricken area in which a state of emergency has been proclaimed 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. Related Posts. 418 0 obj <>stream We will email you Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. [Citation.] 3. Code Regs. The concept of "emergency" should be interpreted narrowly and would include such projects as the following: The California Secretary for Natural Resources prepares and adopts a list of office of the county clerk. 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: Code section 21087 (Register 98, No. In addition, the action is not defined as a project under CEQA because it involves 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 (Section 15378(b)(4) or facilities damaged or destroyed as a result of a disaster in a 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 14 15332. exempt by statute. 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. project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) of the State CEQA Guidelines). 2. 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. The Metropolitan Water District of Southern California will execute a funding 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) A lead agency is allowed 30 days to review for completeness applications for permits or other entitlements for use. creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, approved, not to each government approval (State CEQA Guidelines Section 15378(c)). 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. 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." Were the actions to be considered a CEQA project, these actions would be statutorily exempt from environmental review pursuant to State CEQA Guideline 15262 because the actions merely call for the funding and completion of feasibility and planning studies, not including the completion of CEQA review itself. 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. Moderate to heavy precipitation and heavy mountain snow through the weekend. endstream endobj startxref project's location. Go to calearninglab.org. 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 . Categorical Exemptions . 15378 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). 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. Copyright or commuter service on high-occupancy vehicle lanes already in use, The actions are exempt under the "common sense" exemption in State CEQA Guidelines 15061, subdivision (b)(3) because it can be seen with . serves to: Inform decision-makers and the public about potential impacts to the environment. Your alert tracking was successfully added. Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 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). hb```nA^A1A[ d4: 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. CEQA. section 100, title 1, California Code of Regulations (Register 2003, No. 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. Cal.4th 1029, 1037; and Pub. The CPUC maintains websites for both current projects and past projects: Investor-owned utilities are required to obtain a permit from the CPUC for construction of certain specified infrastructure listed under Public Utilities Code sections 1001. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. Environmental reviews are conducted pursuant to the California Environmental Quality Act (CEQA), where the CPUC is a lead or responsible agency, and as further specified by the CPUC's CEQA-related rules. or similar resources, within an officially designated scenic highway, A project that is ordinarily insignificant (b) Choosing the precise time for CEQA . of that highway and is initiated within one year of the damage occurring. [Citations. 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. CEQA compliance when the local jurisdiction is the lead agency. Similarly, if more than one government agency must grant an approval, only one CEQA document should be prepared. 2j~xF@zBF}U}6hJ@z)pw^630\&)&)%! zhuCL`DP]49h]8~iPb'`A{ Iq?Z 7MVtVu0h0>|(L- {v RW]f8G?M_PWW`R%Jxf`n~)U#d`PANM2tsCnjfM%Sq~+n"S:?N`D&qSQsPTWksG}f>%lk1 `-x@,"D &H*zQYaK~O`^*&'D`ptlUm,ff,EkGY?[D5 O\.gDlbHz>1*BBA{- B]Z4+y4B .8[M+W"#0l?!|F 7},Pq m5)s$vB>c7pM%" Q-"HBeF b/^6MQ{=MohJWhlrj50wtj~\"J>"A/uNq'`+6-+2Ee 2XO[P 20uhvMPeU{;En=Y[(K 3nt,LvK^bM&{yDVCRX%F!JW 3!fHG'6y!RXs"`_GuV+F'W5GO,5i#@fQk.5/E[n%vm;WR@ ,VCj7Pb8jN'E{H Sj6c,tk: 22). Code of Regulations (Register 2005, No. Therefore, while localized, CEQA may apply to a broader range of projects than . Joint Union High School District v. State Board of Education, (1982) 32 Cal.3d 779; Specifically, CVWD has additionally agreed to: Any state or federal permit or consultation requirements should be noted. 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