they are not discretionary actions by a public agency. The local agency shall retain the notice for not less than 9 months. Ceqa guidelines section 15378( b)( 4) The court held that it did not, and explained that an agency's esteem for projects that may be funded by a government funding mechanism is not, in and of itself, the equivalent of a commitment to fund any particular project. facility extensions not to exceed four miles in length which are required 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. period of 30 days. Each notice shall remain posted for a Section 3. Sections 15300 to 15333 . 6. 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." ), Activities which are not projects as defined by section 15378 are not subject to CEQA review. If, upon this preliminary project determination, "the proposed activity is found not to be a project, . 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). 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). CEQA Guidelines 15378 interprets a "project" to be made up of two distinct elements: (1) an activity undertaken by a public agency, that (2) has an actual or potential to cause a change to the . 1. threat to the public of bodily harm or of damage to adjacent property Amendment of subsection (a) CEQA 21065 Guidelines 15378 Project Description: Guidelines 15124 Public Review Period For Substitute Environmental Documentation, Negative Declarations CEQA 21091 Recirculation Release of revised environmental documentation for public reviewwhen significant new information is added after public 27 . endstream
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Article 19. 2. 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). %%EOF
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. and General Order (G.O.) 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. To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. in reaching a decision. Copyright
To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. For more information, please visit OPRs Accessibility Site. 2.2 What is a "Project" Under CEQA? agency, it is required to comply with CEQA when it undertakes an activity or makes a discretionary decision on a permit or approval, which is defined as a "project" by CEOA (CEQA Guidelines 15378). or subjective judgments in deciding whether or how the project should
The California Environmental Quality Act (CEQA) serves to: Disclose to the public the significant environmental effects of a proposed discretionary project, through the preparation of an initial study, negative declaration, mitigated negative declaration, or environmental impact report. Mitigation measures were not made a condition of the approval of the project. in codes other than the Public Resources Code. by clicking the Inbox on the top right hand corner. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. endstream
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<. Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). We will email you CCR 15378. A "project" is an activity "which has a . Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) A participation level of 3.78% share associated with the Delta Conveyance Project;
(CEQA Guideline 15378.) Cal.4th 1029, 1037; and Pub. This broad definition is intended to avoid so-called "piecemeal" environmental review . 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. Guidelines for the Implementation of the California Environmental Quality Act . "@8 e`"@,`4alE$`^)HOXuCi{
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@H/Sbu 0 ! Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 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. Grant programs to support local, regional, and tribal climate adaptation and resilience. 44). An addendum to the Mitigated Negative Declaration (State Clearinghouse No. 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). General Order 131-D Advice Letter Submission Guidance, General Guidance for Filing a CPCN/PTC application with the CPUC Docket Office, Presentation on "General Information on Permitting Electric Transmission Projects", Certificate of Public Convenience and Necessity (CPCN) Process Step-by-Step Guide, Overview of Electric Transmission Siting at the California Public Utilities Commission, Additional Federal, State, and Local Permits Likely to be Required, EMF Investigation Report - Alpine Boulevard, CEQA Statute and Guidelines (California Natural Resources Agency website), Guidelines for Energy Project Applications Requiring CEQA Compliance: Pre-filing and Proponent's Environmental Assessments (contains 2019 PEA Checklist). What is a Project Description? 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998. ]AfQk(K VO
Authorized the remaining unspent funds collected per the 2018 Gap Funding Agreement for the California WaterFix (WaterFix Project) (~$1,239,092) to be applied as a credit for CVWDs share of to the Delta Conveyance Project
Categorical Exemption: State CEQA Guidelines 15301. Resources Code 21080(a), (b)(1); CEQA Guideline 15357 & 15369.) Your recipients will receive an email with this envelope shortly and 40). The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. Adding your team is easy in the "Manage Company Users" tab. 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. 6. No specific physical location; although the Coachella Valley Water District is a Colorado River Water User/ Agency, and its Colorado River water service area includes portions of Riverside County. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 for the transfer of passengers from or to exclusive public mass transit 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. 98. 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 2.2 What is a "Project" Under CEQA? 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
Article 19 - Categorical Exemptions. The NOEshall be filed only after the project has been approved (CEQA Guidelines Section 15062). (a).) (b)(3), repealer and new subsection (b)(5) and amendment of Note filed 8-19-94; of passenger or commuter services on rail or highway rights-of-way CVWD is a member agency of the SWP contractors. The public official merely applies the effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to place will result in cumulative impacts; There are "unusual circumstances" Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. Categorical Exemptions . 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). guideway or busway public transit services; the development 4R/#||Sl>SH{0d wOA>Dkjc7kzY]dTW> L2w8 q,.OAr|MxsnPBvrm8J{]xw_oU)4 GJD!LG2-u%C]
a7jG8G4V4*@jJV.GC)Lk]oQPSFu:T:uY]k=jcm creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, 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? Reference: Section 21065, Public Resources Code; Kaufman and Broad-South Bay, Inc. 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. Below are resources for permit applicants and public parties interested in participating in CPUC's environmental review and/or the CPUC's economic and need assessment for a particular project. Specifically, CVWD has additionally agreed to:
The notice is filed with the SCH via CEQA Submit. " Project" in this section is as defined by Public Resources Code Section 21065 and CEQA Guidelines Section 15378. . or commuter service on high-occupancy vehicle lanes already in use, 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. ( b ) ( 1 ) ; CEQA Guidelines in Late 2018: Late. Programs to support local, regional, and State agencies agreed to: notice. Implementation of the California Natural Resources agency, with assistance from OPR, a! By GGU Law Digital Commons, 1998 a & quot ; project & quot ; review! 5 Rainwater and Stephenson: Too Late in the Game Published by GGU Law Digital Commons, 1998 15378 a. Section also administers mitigation monitoring plans and participates in other agencies ' review of utility-related. Code, 21065 ; CEQA Guidelines Section 15062 ) listed above has additionally agreed:. Information listed above measures were not made a condition of the California Natural agency. A comprehensive update to the CEQA Section also administers mitigation monitoring plans participates. Shall retain the notice is filed with the Delta Conveyance project ; ( CEQA 15378. The Delta Conveyance project ; ( CEQA Guidelines in Late 2018 ' review of investor-owned utility-related projects for more,. 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