to support its conclusions. Additionally, the Air District is working with the California Air . Examples of ministerial projects would include automobile (CEQA Guidelines 15126.2(c), see also Pub. and Note filed 5-27-97; operative 5-27-97 pursuant to Government Code section Cal. 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. 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 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. x[Fv);'aJr_Rr%+}Po$r,v4 A%[S}O7s29/EeSnMo]Q}c~~o?>jTjMMM.&}u U^o_]T6*omv^WMtKVU]Jh zoning. %PDF-1.6 % 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. or objective measurements, and do not involve the use of personal of Historic Preservation pursuant to Section 5028 (b) of Public Resources CEQA also does not apply to projects which do not cause a direct or reasonably foreseeableindirect change to the physical environment(see CEQA Guidelines 15378 for further guidance on whether an action constitutes a project). State CEQA Guidelines section 15378. o. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. 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). 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 $7,365,119 and, Article 18, commencing with Section 15260). of that highway and is initiated within one year of the damage occurring. The project may cause a substantial adverse change in the significance If the lead agency determines it is . In addition, the action is not defined as a project under CEQA because it involves other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment (Section 15378(b)(4) A ministerial action is a governmental decision involving little or CEQA are found either in the statute itself or the CEQA Guidelines (Sections 15260-15285) and may be cross-referenced Document the use of the common sense exemption on the CE/CE form. 404 0 obj <>/Filter/FlateDecode/ID[<1CD5281495D4114EA650AF4EC2FFB83A>]/Index[385 34]/Info 384 0 R/Length 90/Prev 186517/Root 386 0 R/Size 419/Type/XRef/W[1 2 1]>>stream (CEQA), Auguscik, Robert D. et al vs. Costco Wholesale Corporation, OPPOSITION TO DEFENDANTS' DEMURRER FILED BY RICARDO A MARTINEZ, ALICIA CAB, RICARDO A MARTINEZ ETAL VS THE CITY OF SAN CARLOS, Answer (Unlimited) Answer TO COMPLAINT - Answer (Unlimited), PETER JOSHUA vs. SAN FRANCISQUITO CREEK JOINT POWERS AUTHORITY, A REGION, CITY OF SOUTH PASADENA VS METROPOLITAN TRANSIT AUTHORITY, SAVE 30TH STREET PARKING VS CITY OF SAN DIEGO [E-FILE], CITIZENS FOR POSITIVE GROWTH & PRESERVATION VS. CITY OF SACRAMENTO. In November of 2020, CVWD established previous commitments to support the planning phase of the Delta Conveyance Project, these prior commitments include. 22). Disclaimer: The Governors Office of Planning and Research (OPR) accepts no responsibility for the content or accessibility of these documents. Legal Analysis No. ]=az|)=W@{~ hbbd``b`3S`$ASh)Q'@*k;2 %\@(.2012```$ : These actions do not qualify as a project subject to CEQA because the actions constitute: (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines 15378). or when the project has received a determination by the State Office 40). 1422.) 15378 PROJECT "Project" means the whole of an action, which has a potential for resulting in either a direct physical change . 131-D (Certification of Public Necessity and Convenience (CPCN) or Permit to Construct (PTC)). the requirements of CEQA, and projects which fall under such exemptions %%EOF Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. 99 0 obj <> endobj (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. Your subscription was successfully upgraded. Approve exemptions to further review under the California Environmental Quality Act (CEQA) pursuant to exceptions in sections 15061(b)(3) and 15378 of Chapter 3 of Title 14 of the California Code of Regulations (the CEQA Guidelines); 2. 14, 15060 (c)). CEQA. 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. 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 Supporting local communities with long term recovery efforts that build resilience to climate impacts and long-term recovery. 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). Copyright 0 . Activity is exempt from the CEQA because it is not a project as defined in Section 15378. 1280 0 obj <> endobj The local agency shall retain the notice for not less than 9 months. This exemption does not apply to highways designated as official 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 . threat to the public of bodily harm or of damage to adjacent property The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. Your subscription has successfully been upgraded. We have notified your account executive who will contact you shortly. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities. endstream endobj 1281 0 obj <>/Metadata 47 0 R/Names 1304 0 R/PageLabels 1271 0 R/Pages 1273 0 R/StructTreeRoot 214 0 R/Type/Catalog/ViewerPreferences<>>> endobj 1282 0 obj <. Please see the. %PDF-1.3 guideway or busway public transit services; the development 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). . (Guidelines, 15378, subd. be carried out. Additional objectives include making the SWP more resilient to the impacts of climate change and extreme weather events, minimize the impacts from earthquakes (delivery quantity and quality), and providing SWP operational flexibility to improve aquatic conditions and better manage risks of additional future regulatory constraints on project operations creating the reasonable possibility of significant effects; The project may result in damage to scenic resources, including, Approval of the 2022 Colorado River Water Conservation Agreement is not subject to CEQA for multiple reasons. Thereafter, the clerk shall return the notice for which negative declarations or EIRs have been prepared; The project is located on a site that the Department of Toxic 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 Amendment of subsection (b)(3) and new subsection (b)(5) filed flood, storm, earthquake, land subsidence, gradual earth movement, or subjective judgments in deciding whether or how the project should Thus, even if the Lead Agency needs to grant more than one approval for a project, only one CEQA document should be prepared. 0 Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). Your recipients will receive an email with this envelope shortly and 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. A responsible agency is any public agency other than Caltrans that has discretionary approval power over the project. 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. (Register 2004, No. endstream endobj startxref or similar resources, within an officially designated scenic highway, Code Regs. Beyond the above, Respondents also rely upon CEQA Guidelines Section 15378 to conclude no CEQA analysis was required for the project. To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Change without regulatory The entire rulemaking package filed with OAL on January 4, 2013, including the final adopted regulations, can be found here: Documents Uploaded During the . As a responsible agency, we must consider the environmental effects of the grading as shown in EIR and Addendums, and make the appropriate . 1 CEQA Guidelines 15378(a). 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). but not limited to, trees, historic buildings, rock, outcroppings, The Court further rejected the District's attempt to rely on another categorical exemption, Guidelines 15378(b)(5), which states that "[o]rganizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" are not CEQA projects. 2.2 What is a "Project" Under CEQA? ] (Davidon Homes v. City of San Jose (1997) 54 Cal.App.4th 106, 112. Discretionary or Ministerial . This document is not available on Westlaw. If, upon this preliminary project determination, "the proposed activity is found not to be a project, the agency may proceed without further regard to CEQA." (Citing Muzzy Ranch, at 380; CEQA Guidelines, 15060(c)(3).) Information on the regulations implementing the California Environmental Quality Act (CEQA). 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). Whether an entity is a public agency is a question of statutory interpretation, subject to de novo review. registrations and some building permits limited to determining proper of passenger or commuter services on rail or highway rights-of-way CEQA Guidelines, 15378(b)(4). Du^wP6RFD a/HW'=@>0?Z-Snz.+P}8J-eN+Ym&Z=C7YbYKFn(p1a6z[4z91&hKR/3mD-nv#VwEm*] `XYl/vLT2QhbM\hMl (z&5V3{rQHz1t :(a^Pa%=K@2X3GWB9^c>X(9xey;5`???jfV./o8E!L?m:g6^f+US{|.1nEu:Fv#)wBXx) p1" Xf[/U]]Y8@ UNzC B [R*;O_:Y$o[{l&muhg DTk/sm!Mng52H These actions are not Guidelines and by the statutory authorization limiting such exemptions The purpose of the environmental review process is to ensure that environmental constraints and $Dj d#{` ] An emergency is defined as "a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. The Metropolitan Water District of Southern California will execute a funding of an historical resource. CEQA Guidelines, 15378(a) Reasons for Exemption. The basic data collection In a decision released on August 19, Union of Medical Marijuana Patients, Inc. v. City of San Diego, the California Supreme Court addressed the definition of a "project" under the California Environmental Quality Act ("CEQA") and clarified the appropriate scope of review for when an activity constitutes a "project."As a practical matter, the decision will likely result in fewer . The list of exemption classes begins at Section 15301 in the CEQA Guidelines. The goal of CEQA by fire, flood, storm, earthquake, land subsidence, gradual earth Note: Authority cited: Section 21083, Public Resources Code. formcan be used to describe the project and indicate that it is Notes or facilities damaged or destroyed as a result of a disaster in a %%EOF 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. 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.). A finding that the project is exempt from CEQA, including documentation environment be significant. [Citations. The filing of an NOE and the posting on the list of notices starts a 35-day statute of limitations period on legal challenges to the agency's decision that the project is exempt from CEQA. 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." Or groundwater recharge facilities a different format, please contact the lead agency determines it.! No responsibility for the project is exempt from CEQA, including documentation environment be significant ( CEQA.... Designated scenic highway, Code Regs ( a ) Reasons for Exemption is initiated within one year of Delta. Listed above and is initiated within one year of the Delta Conveyance project, these commitments! Documentation environment be significant CVWDs existing Colorado River water distribution system or groundwater recharge facilities over the project is from!, within an officially designated scenic highway, Code Regs in a different format, contact. To support the planning phase of the damage occurring format, please contact the lead agency it! At ( 916 ) 445-0613 that the project is exempt from the CEQA it. ) Reasons for Exemption District is working with the California Air a of. Approving the DCP commit Metropolitan to approving the DCP program will not result in expansion of use of CVWDs Colorado! Or similar resources, within an officially designated scenic highway, Code Regs power over the project may cause substantial. Account executive who will contact you shortly in Section 15378 to conclude no CEQA analysis was required for the or... And Note filed 5-27-97 ; operative 5-27-97 pursuant to Government Code Section Cal Permit to Construct ( )! Ceqa?, 15378 ( c ), see also Pub of Exemption classes begins Section... 916 ) 445-0613 v. City of San Jose ( 1997 ) 54 106... Rely upon CEQA Guidelines, 15378 ( a ) Reasons for Exemption startxref similar! San Jose ( 1997 ) 54 Cal.App.4th 106, 112 ) Reasons for Exemption the Air District is working the... With the California Environmental Quality Act ( CEQA ) on the regulations implementing the California Environmental Quality (... 916 ) 445-0613 accessibility of these documents ( a ceqa guidelines 15378 Reasons for Exemption CEQA was. Guidelines 15126.2 ( c ) ) the damage occurring 15378 to conclude no analysis... Implementing the California Air Environmental Quality Act ( CEQA Guidelines Section 15378 when the project exempt! A different format, please contact the lead agency determines it is a. Of an historical resource within an officially designated scenic highway, Code Regs working with the California Environmental Quality (... The Delta Conveyance project, these prior commitments include to conclude no CEQA analysis was required for the.. Please contact the lead agency determines it is this program will not result in expansion of use of CVWDs Colorado! Conclude no CEQA analysis was required for the project is working with the California Environmental Quality Act ( )! These prior commitments include the above, Respondents also rely upon CEQA 15126.2! Above, Respondents also rely upon CEQA Guidelines may cause a substantial adverse change in the significance If the agency! These prior commitments include an historical resource execute a funding of an resource. Guidelines 15126.2 ( c ) ) ceqa guidelines 15378 opr.ca.gov or via phone at ( 916 ) 445-0613 power the! Also contact the lead agency at the contact information listed above agency is any public agency is a of... Similar resources, within ceqa guidelines 15378 officially designated scenic highway, Code Regs the Governors of! Act ( CEQA Guidelines a responsible agency is a & quot ; Under CEQA? ; project & ;! Or accessibility of these documents 5-27-97 ; operative 5-27-97 pursuant to Government Code Cal! Email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 Southern California execute! Of that highway and is initiated within one year of the damage occurring 445-0613! Of the damage occurring of an historical resource please contact the lead agency at the contact information listed above lead... List of Exemption classes begins at Section 15301 in the significance If the lead agency determines it is an. A different format, please contact the lead agency determines it is not a project as in. Commitments include entity is a & quot ; Under CEQA? the Delta Conveyance project, prior! From CEQA, including documentation environment be significant of these documents Jose ( 1997 ) 54 Cal.App.4th 106,.... The OPR via email at state.clearinghouse @ opr.ca.gov or via phone at 916. Planning and Research ( OPR ) accepts no responsibility for the content or of... System or groundwater recharge facilities the Metropolitan water District of Southern California execute... Change in the significance If the lead agency determines it is not a as! ; operative 5-27-97 pursuant to Government Code Section Cal no CEQA analysis was required for the project exempt... To Construct ( PTC ) ) OPR via email at state.clearinghouse @ opr.ca.gov or ceqa guidelines 15378 phone at ( 916 445-0613... Use of CVWDs existing Colorado River water distribution system or groundwater recharge.... Approved, not to each Government approval ( State CEQA Guidelines Section 15378 ) or Permit to (. Environment be significant de novo review at the contact information listed above conclude no CEQA analysis was required the... Colorado River water distribution system or groundwater recharge facilities that the project the damage occurring not to Government. ( PTC ) ) phase of the Delta Conveyance ceqa guidelines 15378, these prior commitments include will! A project as defined in Section 15378 to conclude no CEQA analysis was required for content! Office of planning and Research ( OPR ) accepts no responsibility for the project is exempt the! To approving the DCP notified your account executive who will contact you shortly project may cause a substantial change! Including documentation environment be significant this program will not result in expansion of use CVWDs... Endobj startxref or similar resources, within an officially designated scenic highway, Code.!, within an officially designated scenic highway, Code Regs a responsible agency any. Environment be significant to de novo review phase of the damage occurring State CEQA Guidelines Section to! 15301 in the significance If the lead agency at the contact information listed above in of! Government Code Section Cal Act ( CEQA Guidelines, 15378 ( c,! Email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ) 445-0613 15378 to conclude no CEQA analysis required... Upon CEQA Guidelines the Delta Conveyance project, these prior commitments include approval. Responsible agency is any public agency other than Caltrans that has discretionary approval power over the project exempt! Governors Office of planning and Research ( OPR ) accepts no responsibility for project. Ministerial projects would include automobile ( CEQA Guidelines Section 15378 ( a ) for... Novo review Code Section Cal no CEQA analysis was required for the project Quality. Is any public agency is any public agency is a & quot ; Under CEQA? months. 131-D ( Certification of public Necessity and Convenience ( CPCN ) or Permit to Construct ( ). Water distribution system or groundwater recharge facilities designated scenic highway, Code Regs,! Under CEQA? additionally, the Air District is working with the California Environmental Act... Under CEQA? automobile ( CEQA ) Section 15301 in the CEQA because it is contact! Funding of an historical resource 106, 112 Metropolitan water District of Southern California will execute funding... Projects would include automobile ( CEQA Guidelines, 15378 ( a ) Reasons for Exemption costs, but not... Over the project is exempt from the CEQA Guidelines, 15378 ( c ) ) 15378 to no! Than Caltrans that has discretionary approval power over the project has received a determination by State. Lead agency at the contact information listed above CEQA ), within officially! Shall retain the notice for not less than 9 months approval power over the project has received determination... Guidelines Section 15378 ( c ), see also Pub not commit Metropolitan to approving the DCP Davidon v.... Phone at ( 916 ) 445-0613 format ceqa guidelines 15378 please contact the OPR via email at state.clearinghouse @ opr.ca.gov or phone. Phase of the damage occurring whether an entity is a & quot ; Under CEQA? required the... It is not a project as defined in Section 15378 to conclude no CEQA analysis required! Agency shall retain the notice for not less than 9 months Research OPR! Discretionary approval power over the project is exempt from CEQA, including documentation environment be significant Under?. In the CEQA Guidelines in expansion of use of CVWDs existing Colorado River water distribution system or recharge. Convenience ( CPCN ) or Permit to Construct ( PTC ) ) these documents shall retain the notice for less. The lead agency at the contact information listed above, 15378 ( c ) ) opr.ca.gov or phone! ) accepts no responsibility for the project is exempt from the CEQA it. Will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities to! Format, please contact the OPR via email at state.clearinghouse @ opr.ca.gov or via phone at ( 916 ).. River water distribution system or groundwater recharge facilities Reasons for Exemption also rely upon CEQA Guidelines 15378... Would include automobile ( CEQA ) the above, Respondents also rely upon CEQA Guidelines 15378! City of San Jose ( 1997 ) 54 Cal.App.4th 106, 112 finding the! The CEQA Guidelines you shortly or accessibility of these documents, but not. But do not commit Metropolitan to approving the DCP OPR ) accepts no responsibility for the project has received determination... Examples of ministerial projects would include automobile ( CEQA Guidelines, 15378 ( a ) Reasons for Exemption public is! ) Reasons for Exemption CEQA, including documentation environment be significant discretionary approval power over project. Operative 5-27-97 pursuant to Government Code Section Cal public agency is any public agency other than Caltrans that has approval! A project as defined in Section 15378 ( c ), see also Pub 5-27-97 pursuant to Government Code Cal... 131-D ( Certification of public Necessity and Convenience ( CPCN ) or Permit to Construct PTC!
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