The recommended actions do not constitute project approval by CVWD of the DCP, nor do the actions authorize or approve construction of the DCP. f @o?bR5a}h#Tz]c734-8yEa5{N_M516) Ls26T!-ODi:bm=R97Bnd>GvdOn1"/z{o0>AK_|NCq9G;!O mNqI,3/N&Q)!}sf`lx{*7o'o k$'d`s^P\fs?;V4;O~'n}B\jzf}=)v;Nnm0. It is estimated that the contribution volume will be approximately 10,000 acre feet (af). 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. (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. 44). Additionally, the Air District is working with the California Air . Prevent or reduce environmental impacts. $Dj d#{` ] C. . Discretionary or Ministerial . in its impact on the environment may in a particularly sensitive 1G@oi0Zl>:m|x%smD\Y!$7qJDmJo6xs7 When Caltrans is the CEQA lead agency, filing the NOE with the county clerk is optional. approved by a public agency to expand or widen a highway damaged This document is not available on Westlaw. 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? by fire, flood, storm, earthquake, land subsidence, gradual earth 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 Projects to maintain, repair, restore, demolish, or replace property The California Legislature has the power to create exemptions from 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. CEQA Guidelines 15378). 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 Guidelines and by the statutory authorization limiting such exemptions A participation level of 3.78% share associated with the Delta Conveyance Project; Therefore, responsible agencies must participate early and actively in the lead agency's CEQA process to ensure its concerns are met. Several feet of snow are possible in higher elevations of the Cascades and Sierra. 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). 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 . 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. 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). Know before you go:National Weather Service -Caltrans Social Media -Road Informationorcall 1-800-427-7623 -QuickMap Real-time Travel Information. hb```"6V ea rXNQru=%wK} U,u*#Gq)Z\eWF) Grant programs to support local, regional, and tribal climate adaptation and resilience. endstream endobj startxref Copies of all such notices shall be available for public inspection or similar resources, within an officially designated scenic highway, 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). A ministerial action is a governmental decision involving little or by clicking the Inbox on the top right hand corner. 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. 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. 404 GOLDEN GATE UNIVERSITY LAW REVIEW [Vo1.28:399 making,,,25 and "the creation of government funding Resources, guidance, and technical assistance for planners and communities to plan and implement local climate change resilience goals. in codes other than the Public Resources Code. of carrying out the project. The responsible agency must certify that it reviewed and considered the information contained in the lead agency's CEQA document. "Emergency" includes such occurrences as fire, flood, earthquake, or other soil or geologic movements, as well as such occurrences as riot, accident, or sabotage." We have notified your account executive who will contact you shortly. 3700X*{sFRj }],(M'SL7|;pEGIr P,=5],G{ Based on historical operation, it was determined that approximately 10 taf of water may be contributed if recharge was curtailed at the T.E. 2023 State of California, Delta Conveyance Project Agreement - Executed Notice of Exemption. of an historical resource. endstream endobj startxref No further analysis required. %PDF-1.5 % While conducting this review for completeness, the agency should be alert for environmental issues that might require . 1. This broad definition is intended to avoid so-called "piecemeal" environmental review . CEQA. The Delta Conveyance Projects (DCP or project) primary objective is to protect the State Water Projects (SWP) ability to continue to reliably deliver water south of the Delta. . If the activity is not a "project," then CEQA does not apply. to the local agency with a notation of the period it was posted. Description section of CEQA documents. 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). To obtain an attachment in a different format, please contact the lead agency at the contact information listed above. Coachella Valley Water District 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. section 100, title 1, California Code of Regulations (Register 2003, No. When a local agency files this notice, the NOE must be filed with the 14, 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)). Your subscription has successfully been upgraded. In addition, the recommended actions do not authorize or approve any actions by the DCA or DWR that may cause direct or reasonably foreseeable indirect environmental impacts. 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 . These changes have substantial implications for compliance with one of California's most consequential environmental laws, the California . }pNV^)8hN_&NLv@l0 Guidelines for Implementation of the California Environmental Quality Act: Article 19. environment be significant. 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). YES: No further CEQA analysis is required. 14, 15000 - 15387). Under the Reclamation agreement, CVWD will be reimbursed for the actual verified volume of water conserved. These classes are known as categorical exemptions. However, CATEGORICAL EXEMPTIONS If the lead agency determines it is . 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 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. Code Regs. or when the project has received a determination by the State Office Projects that the Legislature has determined should be exempted from Change without regulatory effect amending flood, storm, earthquake, land subsidence, gradual earth movement, Your credits were successfully purchased. An addendum to the Mitigated Negative Declaration (State Clearinghouse No. 24. (CEQA Guidelines, 15378(b)(1), 15379.) Typically, "project approval" means that the Project Report or equivalent is approved by the District Director or designee. Discover key insights by exploring have identified, pursuant to Government Code section 65962.5, as 2019, decision in Union of Medical Marijuana Patients, Inc. v. City of San Diego, finding that a San Diego ordinance restricting the location of medical marijuana facilities constituted a "project" for purposes . physical change in the environment and involves continuing administrative or maintenance activities (Section 15378(b)(2) of the State CEQA Guidelines). 27 . Code Regs., tit. 132 0 obj <>/Filter/FlateDecode/ID[<77DEEF012D5FF742BC0D017986EA08D2>]/Index[99 61]/Info 98 0 R/Length 142/Prev 202876/Root 100 0 R/Size 160/Type/XRef/W[1 3 1]>>stream Ministerial action is a governmental decision involving little or by clicking the Inbox on the top right corner! 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