ESP 179- Winter 2013

CEQA and EIA BasicsJanuary 10, 2013

Instructor: Trevor Macenski

Extra Credit:Charter City and a General Law

California state law dictates that cities may be organized under either General laws of the State Under a charter adopted by the local voters.

This authority is set forth in the California Government Code commencing with Section 34100.

Cities that are organized under the general laws of the State (Section 34102) Have less autonomy than those that adopt their own charter (Section 34101). General law cities follow the laws set forth in the Government Code commencing

with Section 34000.

Cities that adopt their own charter, may adopt their own procedures for matters that are considered “municipal affairs.” The California Constitution grants charter cities the power to make and enforce

all ordinances and resolutions with respect to municipal affairs (California Constitution Article XI, Section 5(a)). This is commonly referred to as the “home rule” provision.

CEQA Rules and Regulations• The Statute

Public Resources Code §§ 21000-21178 (PRC)

• The GuidelinesCalifornia Code of Regulations Title 14,

§15000 et seq. (CCR)

• The CourtsOngoing court decisions (Case law)

CEQA LingoCEQA: California Environmental Quality Act

IS: Initial Study

ND: Negative Declaration

NOP: Notice of Preparation of EIR

EIR: Environmental Impact Report

DEIR: Draft EIR

FEIR: Final EIR

NOC: Notice of Completion

NOD: Notice of Determination

NOA: Notice of Availability

CEQA Basics1969: President Nixon signs National

Environmental Policy Act (NEPA)

1970: Governor Reagan signs California Environmental Quality Act (CEQA)

CEQA (the Statute): Established by Legislature …and continuously modified by Legislature …and “interpreted” by the Courts

CEQA Basics• Initially intended to apply to publicly-

sponsored projects only• 1972: Friends of Mammoth v. Board of

Supervisors: CEQA applies to ‘all’ projects subject to

public agency discretionary action

Who’s Driving This Bus… Lead Agency= Bus DriverCEQA is a “Self-executing Statute”

meaning it is the Lead-Agency’s duty to determine what is and is not subject to CEQA, and to follow the process.

Public can go through the legal process (suing) to challenge decisions

Purpose of CEQA Inform government decision makers and the public about

the potential significant environmental impacts of proposed activities

Identify ways that environmental impact(s) can be avoided or significantly reduced

Prevent significant avoidable damage to the environment by requiring changes in the project through the use of alternatives and mitigation

Disclose to the public the reason that an agency approved a project notwithstanding its environmental impacts

CEQA Policy StatementsPRC 21000-21004 & Guidelines 15002,

15003: Environmental Protection General Welfare Don’t exceed thresholds Preserve and enhance Concerned effort to control pollution Must give major consideration to env. Clean air and water Don’t eliminate the bugs and bunnies.

CEQA Policy StreamliningPRC 21003 & Guidelines 15003, 15006:

Integration of CEQA into other laws Make documents useful Omit unnecessary language Feasible Mitigation and Alternatives Database to reduce delays Efficiency to conserve resources Environment on the mind Whole of the action Good faith effort Tool for informed and balanced decisions

CEQA Objectives CEQA Requirements

Disclose Env. Impacts IS, ND, EIR

Identify and prevent env. damage Mitigation measuresAlternativesMitigation monitoring

Disclose agency decision making FindingsStates of overriding considerations

Enhance public participation ScopingPublic notice requirementsResponse to commentsLegal enforcement proceduresCitizen access to the courts

Foster intergovernmental coordination Early consultationScoping meetingsNotices of preparationState Clearinghouse review

CEQA Authorizes Agencies to:Require changes in a project to lessen or

avoid significant effects, when feasible. Disapprove a project to avoid significant

effectsApprove a project with significant effects it

here is no feasible way to lessen or avoid the significant effects and the project's benefits outweigh these effects

Impose fees on a project’s applicant for CEQA implementation.

It gets political real quick…Discretion and Risk

Full Compliance vs. Losing Tax Revenue

No one size fits all compliance strategy EIR vs. ISMND

Example: Bell Village Project Vs. Elnoka VillageExample: Meteorological Towers Yolo vs. Merced

Convergence of science and the public Educate, Disclose, Consider

CEQA Key Players

Responsible Agencies

Environmental Consultants

ProjectApplicants

TrusteeAgencies

Courts

Concerned Citizens

Agency W/Jurisdiction

LEAD AGENCY

Trustee Agencies: 1) CDFG

2) SLC

3) Park & Rec

4) UC

Lead Agency: Principal responsibility carrying out or approving a project. (e.g. City or County)

Responsible Agency: Other than the lead agency that has legal responsibility for carrying out or approving a project. (e.g. Air District)

Public Participation“ Privileged position” in the CEQA process

Concerned Citizens of Costa Mesa v.32nd District Agricultural Association (1986) 42 Cal.3d 929

Opportunities: Scoping- 15083 Public Notice and Review- 15072,15087 Public Hearings and Response to Comments-

15088

Watchdog? Not really.. Office of Planning and Research

Ken Alex Scott Morgan

Major Responsibilities: Identifying Responsible Agencies Resolving Agency Disputes Posting NOC and NOD Show me the money!- CDFG Fees Guideline changes

Phases in the processPreliminary review of a project to

determine if it’s subject to CEQA

Preparation of an Initial Study to determine significant effects

Preparation of an ND, MND, or EIR.

Maybe be combined

What is a “Project” ? Comply with CEQA when you have a

“project”

Project: activity undertaken by a public agency or a private activity which may cause a change in the environment and must receive discretionary approval from a government agency. 15378 & 21605

Term “project” = Whole of the action(s)

What is NOT a “Project”? Non-projects:

Legislative activities Admin or maintenance activities Proposals School closings City place a initiative on the ballot Government organization activities

Statutory ExemptionsCategorical Exemptions

ExemptionsStatutory

Activities exempted from all or part of CEQA by the State Legislature regardless of impacts (policy decision)

Categorical Classes of projects which are exempted from

CEQA because they typically do not have significant impacts (there are exceptions)

Statutory Exemption Examples 1984 L.A. Olympic games Family day care homes Specified mass transit projects State and regional transportation improvement

programs Projects located outside California Certain pipeline work Air quality permits Ministerial projects Emergency projects Other miscellaneous per CCR §15282

Categorical ExemptionsClasses of projects that do not have a

significant impact on the environmentNot applicable when cumulative impact is

significant or when there is a potential significant impact due to unusual circumstances Scenic highways Hazardous waste sites Historical resources

Categorical Exemptions Existing facilities Reconstruction Small structures Minor alterations to

land or land use Actions by regulatory

agencies for natural resources protection or protection of the environment

Surplus property sales Land acquisition for

wildlife conservation Minor additions to

school Minor land divisions Transfer of ownership

for parks Total of 33 categories

outlined in section 15301 of Guidelines

Notice of ExemptionIf your “project” is exempt, a Notice of

Exemption (NOE) may be filed with County Clerk

The filing of an NOE shortens the time that someone can file a legal challenge to the exemption from 180 days to 35 days

Questions?

Thank You