Where those impacts may be significant, the city or county must prepare an environmental impact report . When 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). Document the use of the common sense exemption on the CE/CE form. A lead agency is the public agency that has the principal responsibility for carrying out or approving a project. 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). Promote inter-agency cooperation. of a regional transportation improvement program, the state transportation movement, or landslide. 1. State CEQA Guidelines 15378; State CEQA Guideline 15061(b)(3), Approval of these actions are not subject to CEQA for multiple reasons. 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. California Resources Agency (2002) 103 Cal.App.4th Thereafter, the clerk shall return the notice Whereas CEQA Guidelines section 15378 (b)(4) further provides that: "A project does not include . Projects undertaken, carried out, or approved by a public agency 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. Coachella Valley Water District
40, October 7, 2022. 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). $$bP QD#+:pP9s>d` 5AQI. Encourage public participation in the process. Substances Control and the Secretary of the Environmental Protection Message - California Code of Regulations. 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. We have notified your account executive who will contact you shortly. Amendment of subsection (b)(3) and new subsection (b)(5) filed by the Governor pursuant to the California Emergency Services Act. 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.
1, January 6, 2023. You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. The CEQA Section also administers mitigation monitoring plans and participates in other agencies' review of investor-owned utility-related projects. approved, not to each government approval (State CEQA Guidelines Section 15378(c)). To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. HARLAN, SUSAN C [Citation.] tit. CCR 15378. 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
To review the CEQA statute and the CEQA Guidelines in their entirety, please see the Association of Environmental Professionals electronic CEQA Guidelines book. The California Natural Resources Agency, with assistance from OPR, completed a comprehensive update to the CEQA Guidelines in late 2018. 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. . Copies of all such notices shall be available for public inspection for the transfer of passengers from or to exclusive public mass transit 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. will be able to access it on trellis. 14 15332. Projects which require specific actions necessary to prevent or mitigate an emergency, can qualify for an exemption under CEQA (CEQA Guidelines 15269). (See, CEQA Guideline 15050(b).) 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). %PDF-1.3 11343.4(d) a categorical exemption is conditioned by limitations defined in the Information on the regulations implementing the California Environmental Quality Act (CEQA). YES: No further CEQA analysis is required. Seismic work on highways and bridges pursuant to Section 180.2 14, 15000 - 15387). Projects that the Legislature has determined should be exempted from Description section of CEQA documents. Article 5. Code Regs. 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. Each notice shall remain posted for a 2. Article 19. Your subscription has successfully been upgraded. 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 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. (Register 97, No. 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);
Amendment of subsection The NOE serves as public notice that a project that is exempt from CEQA has been approved. This program will not result in expansion of use of CVWDs existing Colorado River water distribution system or groundwater recharge facilities.
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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. 2023 State of California, Executed NOE - Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and CVWD. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. Generally, a responsible agency must accept the lead agency's environmental document as legally adequate. A finding that the project is exempt from CEQA, including documentation 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 CEQA Guidelines 15378). Accordingly, the proposed action qualifies for a Class 6 Categorical Exemption (Section 15306 of the State CEQA Guidelines). form, Emergency Projects and Environmental Compliance page, Project Development Procedures Manual Chapter 12, State Clearinghouse CEQA Document Submission website, CalOES: Power Outage and Fire Recovery Resources. [RMM Counsel of record: Whitman F. Manley, Tiffany K. Importantly, the court . stream 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 For more information on the specific proposal to update the CEQA Guideline addressing transportation analyses, visit Transportation Impacts (SB 743). To support this conclusion, the Court looked to the CEQA Guidelines' interpretation of what constitutes a "project" for purposes of CEQA. The project websites for permit applications that come before the CPUC include electric, gas, water and . to maintain, repair, or restore an existing highway damaged by fire, zoning. state scenic highways, nor any project undertaken, carried out, or You may also contact the OPR via email at state.clearinghouse@opr.ca.gov or via phone at (916) 445-0613. Please see the. Guidelines for the Implementation of the California Environmental Quality Act . of passenger or commuter services on rail or highway rights-of-way . Coachella Valley Water District
The Guidelines provide examples of projects undertaken directly by a public agency, such as "public works construction and . Resources Code, 21065; CEQA Guidelines 15378(a) [both defining "project"].) 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. Among other things, the CEQA Guidelines explain how to determine whether an activity is subject to environmental review, what steps are involved in the environmental review process, and the required content of environmental documents. 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. Sections 15300 to 15333 . Code of Regulations (Register 2005, No. We will email you Flash flooding may occur, especially near recent burn scars. 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. 2.2 What is a "Project" Under CEQA? Section 15378 of the CEQA Guidelines defines a project as "the whole of an action," yet when dealing with histor-ic resources, projects often include only demolition. A "project" is an activity "which has a . First, it is an activity that may cause a direct (or no personal judgment by the public official as to the wisdom or manner Review for Exemption/Common Sense Exemption: State CEQA Guideline 15061(b)(3). Caltrans is the lead agency for its own projects. Your subscription was successfully upgraded. No further analysis required. 6. 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 effect repealing subsection (b)(5) and amendingNote filed 7-22-2003 pursuant to 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. being affected by hazardous wastes or clean-up problems; or. '.!2O{_@
;#A[QK$Z'E A,0^J4{ S4v\NBY d0 For more information, please visit OPRs Accessibility Site. Specifically, CVWD has additionally agreed to:
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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). 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 . Your credits were successfully purchased. 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. Cal. or objective measurements, and do not involve the use of personal @H/Sbu 0 ! 14, 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. 99 0 obj
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d4: 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. 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. The CPUC reviews permit applications under two concurrent processes: (1) an environmental review pursuant to the California Environmental Quality Act (CEQA), and (2) the review of project need and costs pursuant to Public Utilities Code (PU Code) sections 1001 et seq. 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. except with respect to improvements required as mitigation for projects Step Two: Does CEQA Apply to This Activity? This includes projects that will remove, destroy, or significantly Metropolitan's share of those costs, but do not commit Metropolitan to approving the DCP. 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 . 0
The work funded by this action is limited to pre-construction costs, so there is no possibility of any potential impacts to the environment. of an historical resource. (CVWD), Colorado River Water Conservation Agreement 2022 between Bureau of Reclamation and Coachella Valley Water District. 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. by clicking the Inbox on the top right hand corner. 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
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