2. Rules and Regulations
• The Statute
Public Resources Code §§ 21000-21178
(PRC)
• The Guidelines
California Code of Regulations Title 14,
§15000 et seq. (CCR)
• The Courts
Ongoing court decisions (Case law)
3. CEQA Lingo
CEQA: 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
4. Introduction to CEQA
• 1969: 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
5. Introduction to CEQA (cont.)
• 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
6. Who is “in charge” of CEQA?
Lead Agency
CEQA 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
7. Basic Purposes of CEQA
1. Inform government decision makers and
the public about the potential significant
environmental impacts of proposed
activities.
2. Identify ways that environmental
impact(s) can be avoided or significantly
reduced.
8. Basic Purposes of CEQA (cont.)
3. Prevent significant avoidable damage to
the environment by requiring changes in
the project through the use of
alternatives and mitigation
4. Disclose to the public the reason that an
agency approved a project
notwithstanding its environmental
impacts
11. CEQA Process Overview
• An action is brought forth to the Lead Agency
• Is it a “project” or is it “exempt”?
• If subject to CEQA, what are the potential
impacts? (prepare an Initial Study)
• Based on initial study, what type of CEQA
document do you need? (Neg Dec, MND, EIR?)
• Prepare appropriate environmental document
• Public reviews and comments on document
• Decision and findings made on the project
12. What is a “project” under CEQA?
• 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.
13. Discretionary vs. Ministerial Projects
• Discretionary projects (CEQA)
Tentative maps
General plans
Conditional use permits
• Ministerial projects (no CEQA)
Demolition permits
Building permits
14. Typical CEQA Projects
Residential
Commercial
Transportation projects
Water and energy infrastructure
15. Exemptions to CEQA
• Statutory
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)
16. Statutory Exemption Examples
Article 18
• 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
17. Categorical Exemptions
Article 19
• Classes of projects that do not have a
significant impact on the environment
• Not 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
18. Categorical Exemptions
• Existing facilities • Surplus property sales
• Reconstruction • Land acquisition for
wildlife conservation
• Small structures
• Minor additions to school
• Minor alterations to land • Minor land divisions
or land use
• Transfer of ownership for
• Actions by regulatory parks
agencies for natural
resources protection or • Total of 33 categories
protection of the outlined in section
environment 15301 of Guidelines
19. Notice of Exemption
• If 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
21. Initial Study
• Purpose
Complete a project description
To decide between a Negative Declaration,
Mitigated Negative Declaration, or EIR
Refine issues to be addressed in an EIR
• Initial Study is not required if it is
known an EIR will be prepared
22. Contents of Initial Studies
CCR §15063(d)
• Project description - location, project
objectives and characteristics
• Environmental setting
• Discussion of environmental impacts
using Appendix G checklist
• Mitigation measures if necessary
• List of preparers
23. Checklist topics
Aesthetics Land Use
Agriculture Minerals
Air Quality (GHG)
Noise
Population/Housing
Biology
Public
Cultural Services/Utilities
Geology Recreation
Hazards Transportation/traffic
Hydrology Urban decay
25. Definition of
“Significant Impact on the Environment”
• Substantial, or potentially substantial, adverse
change in any of the physical conditions within
the area affected by the project including land,
air, water, minerals, flora, fauna, ambient
noise, and objects of historic or aesthetic
significance. A social or economic change by
itself shall not be considered a significant
effect on the environment (CCR §15382)
26. After the checklist . . .
The IS checklist will help you determine
what type of CEQA environmental
document the Lead Agency will need to
prepare (or have prepared for them)
28. Mitigation Measures
Required for all potentially significant impacts if
possible
Should identify who, what, where and when
Be legally, technically, socially, politically and
economically feasible
Should avoid the impact altogether or minimize
impacts by limiting the magnitude
May rectify by repairing, rehabilitating, restoring
May reduce or eliminate over time
May compensate by replacing or providing
substitute resources
30. When to Prepare an EIR
Substantial evidence in the record
supports a fair argument that significant
impacts may occur.
Fair Argument – Very Low Threshold
If there is any substantial evidence to support a fair
argument that project may have significant
environmental impacts, an EIR must be prepared
There is a presumption in CEQA in favor of preparing
EIRs instead of Neg Decs
31. Basic Types of EIRs
Project EIR
Program EIR
Tiered EIR
Subsequent/Supplemental
Focused EIR
33. EIR Process Overview
• Notice of Preparation (NOP) released for 30 days
• Scoping meeting
• Notice of Completion (NOC) and Notice of
Availability (NOA) to start minimum 45-day Draft
EIR public review
• Responses to comments sent to responding
public agencies 10 days before EIR certification
• Public hearing generally held for discretionary
approval
• EIR certification, project approval, CEQA findings,
statement of overriding considerations
• File Notice of Determination (NOD)
35. Diamond Springs Parkway EIR
Joint lead Agency
New Roadway
Existing Roadway Improvements
Water and Sewer Improvements
Sound walls
Power Lines
Much, much more
36. Notice of Preparation (NOP)
Include:
Description, location, and a
discussion of the probable
environmental effects.
EIR can be initiated while waiting
for comments
Responsible agencies and public
have 30 days to comment on an
NOP.
The comments should to be
addressed in the EIR.
EIR cannot be released for public
review until 30 days after
distribution of the NOP.
38. Scoping Process
During these 30 days, a scoping meeting
may be held to identify key environmental
concerns and issues
Identify possible impacts
Encourage inter-agency consultation
Consult with recognized experts
Involve public at an early stage of the review
process (though not required)
40. What needs to be in the EIR?
• Project description
• Environmental Setting
• Significant environmental effects
• Unavoidable significant adverse effects
• Growth-inducing impacts
• Cumulative impacts
• Mitigation measures
• Alternatives
• FEIR contains response to comments
41. Typical EIR Impact Analysis Issues
• Air quality • Traffic
• Biology • Recreation
• Hydrology/Water quality • Agriculture
• Energy • Seismic safety
• Geology/Soils • Noise
• Land Use & Planning • Aesthetics
• Public Services • Hazardous materials
• Cultural Resources • Climate Change
43. Technical Studies
Help provide supporting evidence for
the CEQA documents
Useful to see what checklist questions
the consultant or planner is using, and
tailor your report to answering those
questions
Technical experts often called to give
testimony at public hearing
45. When the DEIR is Complete:
• Issue Public Notice of Availability (NOA)
Mailed to those previously requesting
notice and,
General circulation newspaper or,
Posting in the project area or,
Direct mailing to owners/occupants of
contiguous parcels
47. Issue Notice of Completion
(NOC)
Sent to SCH
Brief description of project
Location
Address where
environmental document is
available
Notice of hearings
(if one is scheduled)
Begins the 45-day public
review period
48. Final EIR
• Includes text revisions to Draft EIR
• Includes responses to comments
• No separate public review period
• Written response to commenting
agencies
10 days prior to certification
• Better to discuss everything than
ignore difficult issues
49. Final Decision Process
1. Consider and Certify EIR
2. Approve Project
Make Findings
Adopt Mitigation, Monitoring Program
Adopt Statement of Overriding
Considerations (if necessary)
50. Final CEQA Step: Notice of
Determination (NOD)
• Filed within 5 working days after project
approval
• Posted with the county clerk and State
Clearinghouse for at least 30 days
51. Notice of Determination (NOD)
Project description
Location
Date of approval
Determination whether will
have a significant effect on
the environment
That ND/MND or EIR was
prepared/certified
pursuant to CEQA
Whether mitigation measures
are a condition and whether
Statement of Overriding
Considerations was adopted
Address of where ND/MND
or EIR and certification can
be examined
52. The real final CEQA step . . .
After the NOD is filed…project isn’t
“out of the woods”
Litigation timeframe = 30 days after
NOD (or 180 days if NOD is not filed
with the clerk’s office)
53. CEQA and Engineers
Engineers provide:
the tech studies on items such as hydrology and
drainage, traffic, geotechnical analysis
the drawings that enable CEQA writers to
understand and analyze the Project
practical comments on mitigation measures
specific project design features, often to comply
with mitigation measures
potential stumbling blocks for CEQA writers
54. CEQA and the Public
CEQA is the bridge between the hard
sciences and the public.
Technical studies will need to cater to
public understanding.
Often, site plans, engineering drawings
will need to be simplified for CEQA
purposes.
55. Take Home Tips
• Be aware of possible environmental consequences of
your projects.
• When in doubt, contact the environmental division of
your group. Early consultation will keep you and your
project out of trouble.
• CEQA is can be a long, tedious process, but not
following procedure could cause even more delays for
the project.
• Engineers and environmental planners/consultants
must be in close contact throughout a project to
efficiently and effectively navigate the project through
the environmental process.
56. Helpful Websites
CEQA Statute and Guidelines
http://ceres.ca.gov/ceqa/
Land Use Planning Information Network (LUPIN)
http://ceres.ca.gov/planning/index.html
California Association of Environmental
Professionals (AEP)
http://www.califaep.org/
57. Michael Brandman Associates
Environmental Services ☼ Planning ☼
Natural Resources Management
Trevor Macenski, MSc, REA
Principal/ Director Environmental Services
Bishop Ranch 3
2633 Camino Ramon, Suite 460
San Ramon, CA 94583
Office: 925.830.2733
Mobile: 916.508.4170
Email: tmacenski@brandman.com
Twitter: CEQAplanner
Notes de l'éditeur
STATUTE: Law of California California Public Resources Code §§ 21000-21177 GUIDELINES: First issued 1973 Developed by the Office of Planning and Research (OPR) Establish a road map for implementing CEQA Intended to be certified and adopted every two years Recognized by courts, but do not carry same weight as statutes Watch for changes…
So here’s the basics: what you need to know is that the National Environmental Policy Act (NEPA) (42 U.S.C. 4321-4327) was signed into law by President Richard M. Nixon, it was proposed in 1969 and it was actually titled the Environmental Policy act of 1969, but it wasn’t really signed into law until 1970. So what does this mean…. Well this was important because it represented a fundamental shift in United States federal government policy from a primary focus on economic development toward a more environmentally balanced approach and it set the foundation of environmental regulation. Primarily, the law established policy that required federal government agencies to consider the environmental effects of their decision making. For the purpose of this presentation, that’s all you really need to know. NEPA set the foundation for CEQA. The California Environmental Quality Act (CEQA) which was passed and adopted in 1970 shortly after NEPA, was incorporated into Public Resources Code under §§21000. CEQA’s history comes from what was called the California Assembly Select Committee on Environmental Quality. This group decided well what the heck let’s write a report. … so they did and it was called the Environmental Bill of Rights, what this report did was call for a California counterpart to NEPA. Later that same year, acting on the recommendations of the committee, the legislature passed, and Governor Reagan signed, the CEQA statute. One interesting thing to note is that the report actually called for CEQA as a constitutional amendment, but the legislature decided to go the statue rout. So the Legislature is tasked with the continuous task of modifying the statue as new Laws are enacted. We will get into later how the Courts play into this whole process and how they “interpret” the Law.
CEQA was originally only applied to only public projects….but California Supreme Court interpretation of the law in the Friends of Mammoth vs. Board of Supervisors came to a decision that resulted in revisions to CEQA that now expand CEQA’s jurisdiction to nearly all projects within California. In this case Mono County, approved a conditional use permit for an apartment complex with any sort of environmental documentation. So the “Friends of Mammoth” filed a writ, sighting non compliance with CEQA. So this was sent to the Superior Court, which sided with the County, but then the Supreme Court reversed the decision and said that it was in fact a “project” and must comply with CEQA. So in 1972 it was revised to clearly stat it applied to government approval of private projects, as well as to direct government activities.
So now that we have this new LAW the next few years were spent trying to figure out how and what to do with it… one very important thing to mention is that CEQA is a “self-executing statute.” This means that Public agencies are entrusted with compliance with CEQA and all the provisions are to be enforced, as necessary, by the public through the legal process. While the Resources Agency is charged with the adoption of CEQA Guidelines, and may often assist public agencies in the interpretation of CEQA, it is each public agency's duty to determine what is and is not subject to CEQA. So after CEQA became a law, many public agencies did not take this law seriously.
So there are four fundamental reasons for CEQA: Informing government decision makers and public about the potential significant environmental impacts- So this is the bridge between science and politics. We as practitioners are taking sound science and presenting it to the public in a way in which they can understand it. Secondly, we must clearly identify way impacts can be avoided or significantly reduced.- This is why in environmental impact assessment documents you will often times see BOLDED statements saying things like SIGNIFICANT IMPACT, LESS THAN SIGNIFICANT IMPACT, ETC.
3) Next once we have identified what will happen as a result of this “project” we must then try and develop a means to avoid this potential damage. By way of mitigation or alternatives. Good example, 4) Finally after we have tried to mitigate the impact we now have to disclose to the public why the “lead agency” has approved the “project” in the event there are significant and unavoidable impacts. We will touch on this later on. The California Environmental Quality Act (CEQA) is a public disclosure law that applies to projects that require a discretionary approval by a state or local governmental agency.
50 acre commercial development over a vacant lot-- not previously planned for in the City’s general plan (was designated for something else) Project? Yes-- discretionary decision is needed Subject to CEQA? Yes- impacts to land, air, water use, traffic, noise, etc… Prepare initial study to find out what impacts may cause a problem What is appropriate document? Can you mitigate them (mit neg nec)? Or are there areas that may still end up being significant, even with mitigation? (EIR) Circulate your document for the public to see the impacts and to give their two cents Give to Lead Agency’s decision making body (I.e. City Council or Board of Supervisors -County) for decision and environmental findings
A public agency must comply with CEQA when it undertakes an activity defined by CEQA as a "project." A project is an activity undertaken by a public agency or a private activity which must receive some discretionary approval (meaning that the agency has the authority to deny the requested permit or approval) from a government agency which may cause either a direct physical change in the environment or a reasonably foreseeable indirect change in the environment. Most proposals for physical development in California are subject to the provisions of CEQA, as are many governmental decisions which do not immediately result in physical development. Every development project which requires a discretionary governmental approval will require at least some environmental review pursuant to CEQA, unless an exemption applies. Section 21002
Ministerial = within zoning ordinance, ok to build, just fill out your permit
Wastewater treatment expansion projects
Exemptions AKA Fee Passes Now exemptions, which are not to be confused with exclusions, because that’s NEPA. There are basically two types of exemptions passes under CEQA:
Statutory- Which are basically “projects” or discretionary actions which the state legislature has deemed exempt. Regardless of impacts. Good example the Olympics. All the statutory exemptions I believe are found in article 18.
Categorical- Theses are projects that typically do not have significant environmental impacts, but there are exceptions. So lets talk about the exceptions first. Another exemption is unusual circumstances- such as say you are replacing an existing structure, but that structure is adjacent to a State Designated Scenic Highway… well the initial action of replacing your structure isn’t an issue, it’s the fact that you are located next to the scenic highway that is.
No after you have determined that your action is exempt from CEQA you have to file….. believe it or not “notice of exemption” So what goes into a NOE: Brief Project Description A finding that the project is exempt Citation why the project is exempt Discussion supporting the finding. So you have a NOE completed so now what: No you have to File it with the County clerk, then the clerk posts the notice within a 24 hour period. This posts takes 30 days. Then “lead agency” holds onto the NOE for nine months. What this process does is shorten the time in which anyone can file a legal challenge to the exemption.
If your project is NOT exempt, then prepare an initial study to find out what document you will need to do.
Be sure it includes all actions Construction and project implementation Temporary and permanent activities All discretionary permits and entitlements Reasonably foreseeable future phases Be sure it includes all improvements On and off site traffic and infrastructure
Checklists can’t be naked…court case decided this Court Case: Citizens Association for Sensible Development of Bishop Area v. County of Inyo …have to have substantial evidence backing up your checkboxes!
Must be feasible: USE ENGINEERS TO DECIDE THIS TOO Capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors (CCR §15364)
A project EIR examines the environmental impacts of a specific development project, reviewing all phases of the project, including planning, construction, and operation. No further environmental review under CEQA is required following preparation of a project EIR. A program EIR is prepared for a series of actions that can be characterized as one large project Allows the lead agency to consider broad policy alternatives and program-wide mitigation measures Subsequent project specific activities in the program are examined in light of the program EIR to determine if additional environmental compliance is required.
Environmental Setting Description of physical environmental conditions at the time of the NOP, or when environmental analysis is commenced, if no NOP Baseline for environmental analysis, which is normally the setting at time of NOP Regional setting and rare or unique resources Significant environmental effects thresholds of significance direct and indirect, short- and long-term, all phases effect of bringing people/development to an area Significant effects that cannot be avoided Irreversible environmental changes Growth-inducing impacts foster economic or population growth remove obstacles to population growth Alternatives offer environmental advantage Avoid or lessen an impact Feasible Alternatives “ capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors.” A Range of Reasonable Alternatives Environmentally Superior Alternative Can identify alternatives found to be infeasible
Certify the FEIR has been conducted in accordance with CEQA procedures the FEIR was presented to the decision maker and they have reviewed and considered it the FEIR reflects the independent judgment of the city FINDINGS: findings regarding each impact and mitigation measures, findings regarding the feasibility of alternatives (reasons for rejecting them), Statement of Overriding: Reasons to approve a project where significant impacts are not avoided or substantially lessened. Supported by substantial evidence in the record Reasons can be economic, legal, social, technological or other (CCR § 15093)
Specific project features: WWTP, oxidation ditches, clarifiers, calculated flow rates, project footprint, what type of construction equipment is needed, buildout timeframe, etc. All types of engineers are needed, not only civil engineers, but also structural, electrical, and mechanical engineers.
Again, ask your consultant what questions they are trying to clearly answer or show evidence for….
Examples Engineering Firms: CH2M Hill, Kennedy Jenks, CEI Engineering, Blair, Church and Flynn, Provost and Pritchard
California Land Use Planning Information Network has information grouped by counties or regions, all sorts of tools for answering checklist questions, generals plans, habitat conservation plans, links to fish and game regulations, maps, zoning regulations, etc