California Environmental Quality Act
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CERES Environmental
Law, Regulation, and Policy California Environmental Quality Act |
The California Resources Agency proposes to conduct a rulemaking
under the Administrative Procedure Act to adopt new regulations,
and to amend and to delete existing regulations after considering
all comments, objections, and recommendations regarding the proposed
action. The proposed action is part of a continuing effort, in
consultation with the Governor's Office of Planning and Research
(OPR), to comply with Public Resources Code section 21087 and
its requirement that at least once every two years the Agency
and OPR review, and propose changes or amendments to, the Agency's
Guidelines for Implementation of the California Environmental
Quality Act (California Code of Regulations Title 14, Sections
15000 through 15387).
PROPOSED REGULATORY ACTION
The proposed rulemaking action amends Sections 15003, 15004,
15041, 15045, 15060, 15061, 15062, 15063, 15064, 15065, 15075,
15085, 15086, 15088.5, 15091, 15093, 15107, 15111, 15120, 15124,
15125, 15126, 15130, 15152, 15162, 15164, 15183, 15201, 15202,
15204, 15205, 15206, 15231, 15269, 15276, 15300.2, 15301, 15303,
15304, 15307, 15316, 15325, 15378, and Appendix J of, amends and
consolidates Appendix G and Appendix I of, repeals Appendix K
of, reletters Appendices, and adds Sections 15064.5, 15064.7,
15073.5, 15097, 15126.2, 15126.4, 15126.6, 15186, 15283, 15284,
15285, 15331, 15332, and 15333 to, Title 14 of the California
Code of Regulations (CCR). These sections, in general, explain
and implement the requirements of the California Environmental
Quality Act (CEQA) dealing with the review by public agencies
of the environmental impacts of proposed projects and the preparation
and review of environmental impact reports (EIRs) and negative
and mitigated negative declarations (Public Resources Code Sections
21000 - 21178.1).
PUBLIC HEARING
The Secretary for Resources will hold two public hearings on
the proposed changes to the guidelines. The places and times
will be as follows:
Hearing #1:
Hearing #2:
* The Auditorium is accessible to mobility-impaired persons and
is reached through the Ninth Street entrance. The nearest off-street
parking is in the garage at 10th and "O" Streets. Additional
off-street parking can be found at 10th and "L" Streets.
At the hearings, any interested person may present statements,
arguments, or comments orally, in writing, or both, that are relevant
to the proposed changes to the guidelines. Persons wishing to
testify are requested to notify the Agency, in advance if possible,
by calling (916) 653-5656. The Secretary for Resources may schedule
speakers and limit time for individual speakers in order to permit
an opportunity for all comments and to conduct an orderly hearing.
WRITTEN COMMENT PERIOD
Interested persons may submit written comments concerning the
proposed changes to the guidelines to the Resources Agency. Written
comments must be received by the Resources Agency no later than
Monday, December 8, 1997. Please send, deliver, or e-mail written
comments to:
STATUTORY AUTHORITY AND REFERENCE
Sections 21083 and 21087 of the California Public Resources Code,
authorize the Secretary of the Resources Agency to develop Guidelines
that implement, interpret, or make specific the provisions of
the California Environmental Quality Act, in consultation with
the Governor's Office of Planning and Research.
INFORMATIVE DIGEST
The proposed changes to the CEQA Guidelines are as follows:
SECTION 15003 POLICIES
Existing Section 15003 sets forth some of the basic underlying
policies of CEQA by citing key interpretive holdings by courts
that have interpreted the CEQA statute. The most recent holding/interpretation
cited, however, is over 22 years old; more than 300 decisions
regarding CEQA have been published since then. The proposed additions
to section 15003 place some key holdings of court decisions over
the past 22 years into the CCR, relating to the general public
policies which underlie CEQA.
SECTION 15004 TIME OF PREPARATION
The existing section 15004 is intended to incorporate and restate
the intent of the Legislature with regard to environmental document
preparation. The proposed amendment will add language taken almost
verbatim from Public Resources Code section 21003, which states
legislative intent with regard to planning and environmental review
procedures that such procedures run concurrently, not consecutively.
The changes will also give guidance to lead agencies to avoid
acts that would prevent real consideration of significant impacts.
SECTION 15041 AUTHORITY TO MITIGATE
Activities by lead agencies under CEQA are not only subject to
the requirements and restrictions of that statute, they must also
be cognizant of other applicable legal authority. This amendment
specifically notes that lead agency decisions with regard to mitigation
measures must, in addition to complying with CEQA, be consistent
with constitutional requirements in the area of land use. Specific
reference is made to two key requirements from recent U.S. Supreme
Court decisions.
SECTION 15045 FEES
In its current form, section 15045 outlines a lead agency's authority
to collect fees. It does not reflect amendments made to the statutory
authority to collect fees made in 1992 amendments to §21089
of the Public Resources Code. The proposed amendment to this
section reflects the change which enables a lead agency to collect
fees for CEQA compliance, not just for EIRs and negative declarations.
The amendment also includes the statutory directive that litigation
expenses, costs, and fees are not recoverable. Finally, the amendment
makes some minor grammatical changes.
SECTION 15060 PRELIMINARY REVIEW
Under existing law, a lead agency must conduct a preliminary review
of a proposed actions to determine of the activity is a "project"
for purposes of CEQA and, hence, subject to the CEQA environmental
review requirements. The proposed changes to section 15060 are
designed to ensure that it correctly and consistently refers to
non-projects, as distinguished from exempt projects, which are
dealt with in section 15061. The changes will also make distinction
between definitional issues in determining whether an activity
is subject to CEQA. These changes, in conjunction with changes
to section 15061 and section 15378, will better guide and provide
clarity to the lead agency in conducting preliminary review.
SECTION 15061 REVIEW FOR EXEMPTION
Under existing law, after a lead agency has conducted a preliminary
review of a proposed actions to determine of the activity is a
"project" for purposes of CEQA, it must determine of
the project is nevertheless exempted from CEQA review by statute
or guideline. The proposed amendments, in conjunction with amendments
to section 15060, are intended to provided clearer guidance to
lead agencies in conducting their preliminary review.
SECTION 15062 NOTICE OF EXEMPTION
Existing section 15062 sets forth reporting requirements for lead
agencies related to the adoption of a notice of exemption. The
requirements of disseminating such information do not, however,
reflect the recent significant expansion of the use of the Internet
as a tool for broadening the accessibility of information. In
light of this reporting necessity, but recognizing that Internet
use is not universal among public agencies in the state, the proposed
change encourages the electronic postings required under
section 15062 to be made on an Internet website.
SECTION 15063 INITIAL STUDY
Existing law requires the preparation of an initial study where
appropriate to assisting a lead agency in determining whether
a project will have a significant environmental impact. The proposed
amendments to this section will provide clarification regarding
the scope of the lead agency's responsibility related to preparation
of the initial study. Specifically, the amendments will provide
further definition as to what actions related to the project must
be considered in the initial study and that initial studies may
rely on expert opinion or studies to document its findings.
SECTION 15064 DETERMINING THE SIGNIFICANCE OF THE ENVIRONMENTAL
EFFECTS CAUSED BY A PROJECT
Under existing law, where there is the possibility that a project
will have a significant effect on the environment, lead agencies
are required to conduct an initial study to supply information
to determine whether that significant effect may result. The amendments
to section 15064 are intended to provide greater clarity and guidance
to lead agencies and the public regarding the assessment of the
effects where the project being analyzed is essentially the same
as a project for which and EIR or negative declaration was previously
certified or adopted. The addition of subsection (j) provides
guidance to lead agencies in assessing the significance of a project's
cumulative effects, generally, and where those effects are minimal
or have been addressed in previous plans, more specifically.
SECTION 15064.5 DETERMINING THE SIGNIFICANCE OF IMPACTS
ON HISTORICAL AND UNIQUE ARCHAEOLOGICAL RESOURCES [new section]
The existing Guidelines give treatment to the issue of historical
and archaeological resources by way of Appendix K. Revisions
are required to render the Guidelines consistent with 1992 amendments
to §21084.1 of the Public Resources Code. This particular
appendix also provides guidance to public agencies in a manner
that more properly merits placement of its provisions in the text
of the Guidelines. The proposed new section places guidance for
lead agencies as to determining the significance of impacts on
historical and archeological resources in a proper sequential
location, among other sections relating to determination of whether
particular impacts are significant.
SECTION 15064.7 THRESHOLDS OF SIGNIFICANCE [new section]
Proposed section 15064.7 encourages public agencies to adopt procedures
for the evaluation of projects under CEQA as provided in §21082
of the Public Resources Code. Specifically, adoption of thresholds
of significance are encouraged as a method of putting in place
a degree of predictability in their significance determination
process.
SECTION 15065 MANDATORY FINDINGS OF SIGNIFICANCE
Under CEQA, certain types of environmental effects require an
EIR to be prepared for the project which causes that effect.
Once such category of effects is where the project has effects
which are cumulatively considerable. The proposed change is actually
a minor technical change to add a reference to the definition
of "cumulatively considerable" as contained in section
15130 which is being revised to provide greater definition to
what are "reasonably anticipated future projects."
SECTION 15073.5 RECIRCULATION OF A NEGATIVE DECLARATION
PRIOR TO ADOPTION [new section]
Under existing law, lead agencies may revise a proposed negative
declaration, before its final adoption. These revisions, however,
often take place after the proposed negative declaration has been
circulated for public review. This proposed section provides
clarity and direction to lead agencies in the determination of
when a revised negative declaration should be recirculated for
public review prior to its final adoption. Specifically, it identifies
what revisions to a negative declaration trigger recirculation
and what changes do not merit recirculation.
SECTION 15075 NOTICE OF DETERMINATION ON A PROJECT FOR WHICH
A PROPOSED NEGATIVE OR MITIGATED NEGATIVE DECLARATION HAS BEEN
APPROVED
Existing section 15075 includes public notice requirements for
lead agencies to follow when posting a notice of determination.
The proposed change encourages public agencies to make
copies of all CEQA notices regarding notices of determination
available in electronic format on the Internet.
SECTION 15085 NOTICE OF COMPLETION
Existing section 15085 includes public notice requirements for
lead agencies to follow when posting a notice of completion.
The proposed change encourages public agencies to make
copies of all CEQA notices regarding notices of completion available
in electronic format on the Internet.
SECTION 15086 CONSULTATION CONCERNING DRAFT EIR
Current provisions of CEQA require a lead agency to consult with,
and accept comments from, assorted other entities and individuals
regarding a draft EIR. These provisions, however, have been scattered
in a half dozen sections in Division 13 of the Public Resources
Code. The proposed amendments to section 15086 are intended to
bring statutory requirements regarding consultation on a draft
EIR into one section for ease of reference.
SECTION 15088.5 RECIRCULATION OF AN EIR PRIOR TO CERTIFICATION
Under existing law, a public agency may recirculate a draft EIR,
prior to certification, when revisions to the draft EIR have been
made. In some cases public commentors re-submit comments made
during a prior review regarding components of the EIR untouched
by the revision, imposing the burden on the lead agency to, in
effect, re-respond to those comments or respond to comments no
longer pertinent due to a change in the EIR. The proposed amendments
will clarify the methods by which a lead agency may specify the
scope of public comments and administer the recirculation following
receipt of those comments.
SECTION 15091 FINDINGS
Under existing law, a lead agency must make findings regarding
any identified significant environmental effects that are identified
in a final EIR for a project. Then, if the agency chooses to
approve the project anyway, the statement of overriding considerations
must include specific reasons supporting its action to permit
significant effects without substantial mitigation. The amendments
to section 15091 are intended to clearly delineate the use of
findings accompanying a final EIR. The amendments will also provide
further clarity as to the nature of findings for each of the three
possible finding categories outlined in 15091(a).
SECTION 15093 STATEMENT OF OVERRIDING CONSIDERATIONS
Under existing law, if there are unavoidable adverse environmental
effects but the agency wishes to approve the project anyway, the
agency may conduct the required balancing of benefits and risks
and adopt a statement of overriding considerations. The proposed
amendments to section 15093, in conjunction with those proposed
for section 15091, are intended to clearly delineate the difference
between the findings required by section 15091 and the reasons
adopted in support of a statement of overriding concerns. The
amendments will also provide general notice as to the standard
for review of a statement of overriding considerations, and that
such a finding must be supported by substantial evidence in the
record.
SECTION 15097 MITIGATION MONITORING OR REPORTING
[new section]
Added in 1988, and recently amended, Public Resources Code Section
21081.6 imposes a mandate on all public agencies to adopt a monitoring
program for any mitigation measures associated with a project,
and to ensure that those mitigation measures are fully enforceable.
Proposed section 15097 is intended to implement the statutory
mandate of §21081.6 of the Public Resources Code that mitigation
measures be monitored during project implementation and give guidance
as to what is appropriate.
SECTION 15107 COMPLETION OF NEGATIVE DECLARATION FOR CERTAIN
PRIVATE PROJECTS
Public Resources Code sections 21100.2 and 21151.5 were amended
in 1996 to lengthen the time limit for completion of a negative
declaration. Where the time limit had previously been 105 days,
agencies are now required to complete and approve a negative declaration
within 180 days of accepting the application as complete. The
proposed change is intended to conform the statute and the regulations,
thereby avoiding the possibility of misleading agencies and the
public as to an agency's responsibilities regarding completion
and adoption of a negative declaration. The section is also revised
to clarify that only projects involving the lease, permit, license,
certificate or other entitlement for use by a public agency are
subject to the time limit as defined in §21100.2 of the Public
Resources Code
SECTION 15111 PROJECTS WITH SHORT TIME PERIODS FOR APPROVAL
Existing Section 15111(b)(1) of the Guidelines contains an obsolete
reference to a provision in the Subdivision Map Act that is no
longer necessary to reference in the CEQA guidelines. Section
15111(c) currently references a single, one year time limit.
The proposed amendments are intended to eliminate the obsolete
reference in subdivision (b)(1), and to bring this section into
closer alignment to the Permit Streamlining Act to which subdivision
(c) makes reference.
SECTION 15120 GENERAL
Though EIRs prepared under CEQA are public documents, there are
certain categories of information that public agencies are exempt
from disclosing under various statutory provisions, including
the Public Records Act (Government Code §6250 et seq.).
Two of those categories of special concern in the CEQA context
are "trade secrets" and information about the location
of archaeological sites and sacred lands. In order that such
information not be included in a publicly circulated EIR, the
proposed amendment advises those involved in the CEQA process
that such information should not be included in any public document.
SECTION 15124 PROJECT DESCRIPTION
The existing language of section 15124 contains the brief statement
that an EIR must include in the project description, a "statement
of objectives sought by the proposed project." The proposed
amendments will clarify why that statement of objectives is important
and how it will aid the agency in completion of other aspects
of the EIR. The other proposed change directs lead agencies to
include a list of related environmental review and consultation
requirements under federal, state, or local law, and that lead
agencies should integrate CEQA review with those related review
and consultation requirements.
SECTION 15125 ENVIRONMENTAL SETTING
Under existing law, the Guidelines guide lead agencies as to the
contents of an EIR, including a description of the environmental
setting. The amendments to this section are intended to clarify
the chronological starting point for descriptions of a project's
environmental setting, by stating that the setting is to be considered
at it exists at the time the application for the project is submitted,
or where no application is required, at the time environmental
analysis is commenced.
SECTION 15126 CONSIDERATION AND DISCUSSION OF ENVIRONMENTAL
IMPACTS
Existing section 15126 contains a lengthy overview of what an
EIR must contain with regard to analysis of the environmental
impacts of a project. As it is, however, this section has grown
to cumbersome proportions and its lengthy nature detracts from
its utility for those who seek to use it to ensure compliance
with CEQA. The proposed amendments to section 15126 involve a
division of this section and the creation of four separate sections,
each dealing with more focused areas within the overall category
of "consideration and discussion of environmental impacts."
The proposed text for what would now be section 15126 is intended
to serve as a general, but itemized "roadmap" of what
must be included in an EIR. Reference will be made to the provisions
of the newly created sections 15126.2, 15126.4, and 15126.6, and
a list of topic headings which must be included in an EIR are
also included.
SECTION 15126.2 CONSIDERATION AND DISCUSSION OF SIGNIFICANT
ENVIRONMENTAL IMPACTS [new section]
Proposed section 15126.2 takes subdivisions (a), (b), (e), and
(f) from previously existing section 15126 and makes a few minor
changes, including the clarification of the "baseline"
for review and the inclusion of historical resources in the area
of significant environmental effects.
SECTION 15126.4 CONSIDERATION AND DISCUSSION OF MITIGATION
MEASURES PROPOSED TO MINIMIZE SIGNIFICANT EFFECTS [new section]
Proposed section 15126.4 incorporates subdivision (c) of the previous
section 15126, regarding mitigation measures, with a minor change
to reflect the statutory directive that mitigation measures be
fully enforceable. This new section also includes large portions
of the previous Appendix K (Historical/Archaeological Resources)
which dealt with mitigation measures related to impacts on historical
resources, and makes only minor changes in organization and to
encourage the use of the Secretary of the Interior's Standards
for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic Buildings.
SECTION 15126.6 CONSIDERATION AND DISCUSSION OF ALTERNATIVES
TO THE PROPOSED PROJECT [new section]
The proposed section 15126.6 incorporates the previously existing
subdivision (d) of section 15126, regarding consideration and
discussion of alternatives to the proposed project. Added to
these prior provisions are three main features: 1) a reminder
that, consistent with caselaw, an EIR is not required to consider
alternatives which are infeasible; 2) an itemization of factors
that can be used to eliminate alternatives from consideration;
and 3) an augmented description of how the "no project"
alternative is to be carried out.
SECTION 15130 DISCUSSION OF CUMULATIVE IMPACTS
Under existing law, public agencies must consider cumulative impacts.
Though that term is defined in the Guidelines (section 15355),
some public agencies have expressed dissatisfaction with the lack
of guidance as to the extent of review necessary to produce a
sound EIR. The proposed amendments are designed to further clarify
what should be the focus and contents of a cumulative impacts
analysis in an EIR in order to provide more effective guidance
to the public agency preparing or supervising the preparation
of an EIR.
SECTION 15152 TIERING
Existing law calls for agencies to tier EIR preparation whenever
possible (Public Resources Code Section 21093). The proposed
amendments are intended to provide further clarity to lead agencies
with regard to tiering EIR's. Specifically, the changes better
define "tiering" and provide additional illustrative
examples in the use of "tiering."
SECTION 15162 SUBSEQUENT EIRs AND NEGATIVE DECLARATIONS
CEQA calls for lead agencies to carry out assorted requirements
to ensure that their discretionary decisions which have a potential
significant environmental impact are informed decisions. Once
the discretionary approval has been made, however, the lead agency's
ability to require further environmental review ends. The amendment
incorporates existing caselaw and includes qualifying language
noting that a lead agency's authority does continue where some
further discretionary approval on a particular project is required.
SECTION 15164 ADDENDUM TO AN EIR OR NEGATIVE DECLARATION
In its current form, section 15164 limits use of an addendum to
a previously certified EIR to instances where some changes or
additions are necessary but the conditions described in section
15162 (which outlines when a separate, subsequent EIR is required)
have not occurred. The proposed amendments add the same restriction,
regarding the existence of the conditions described in 15162,
to the preparation of an addendum to an adopted negative declaration.
SECTION 15183 PROJECTS CONSISTENT WITH A COMMUNITY PLAN, GENERAL
PLAN, OR ZONING
Public Resources Code Section 21083.3, prior to 1992, authorized
a limited EIR for residential projects which were consistent with
a community plan or zoning, or a general plan for which an EIR
had been prepared. In 1992, however, this section was amended
to expand its provisions to cover all qualifying development projects.
The proposed amendments are intended to update to section 15183
and to align its scope with the corresponding statute, add some
clarifying and explanatory language to guide agencies referring
to this section, and define applicable terms.
SECTION 15186 SCHOOL FACILITIES [new section]
Chapter 1183 of the Statutes of 1991 added sections 21151.4 and
21151.8 to the Public Resources Code. These sections regulate
projects which involve hazardous substances and which are on or
near schoolsites. The addition of section 15186 will provide
a single point of reference in the Guidelines, by incorporating
the provisions of both of the Public Resources Sections governing
schoolsites and hazardous substances, and will spell out the steps
necessary to be taken depending on whether the project involving
hazardous substances is the purchase or construction of a schoolsite
or is a project within a quarter mile of an existing schoolsite.
The section will guide the agency through the steps for compliance
and will provide reference points for definitions of terms used
in the section.
SECTION 15201 PUBLIC PARTICIPATION
The proposed amendment adds to existing section 15201, which deals
in general with public participation in CEQA, a specific requirement
that agencies, whenever possible, should make environmental information
available on an Internet web site maintained or utilized by the
agency.
SECTION 15202 PUBLIC HEARINGS
Existing section 15202 deals in general with a public agency's
responsibilities with regard to any public hearings required under
CEQA. The proposed amendment will add a specific encouragement
to agencies to post notice of such hearings on an Internet web
site, to the extent that such a site is maintained or used by
the agency.
SECTION 15204 FOCUS OF REVIEW
Under existing law, draft EIR's prepared by a lead agency are
required to be circulated to both the public and to other public
agencies for review and comment. The purpose of the amendments
is to provide further clarification on how those commenting on
a draft EIR should fashion their comments, by encouraging commentors
to include data, references, or expert opinion to provide substantial
evidence to support their claim of significant effect on the environment.
Additionally, the amendments will give further guidance to responsible
and trustee agencies that comment on draft EIR's.
SECTION 15205 REVIEW BY STATE AGENCIES
Existing section 15205 outlines the required procedures for submitting
draft EIRs and negative declarations to the State Clearinghouse.
The proposed amendment requires, in addition to the printed copies
of draft EIRs and negative declarations, the submission of the
document to the State Clearinghouse in electronic form on a diskette
or by way of e-mail, if such an electronic form is available.
SECTION 15206 PROJECTS OF STATEWIDE, REGIONAL, OR AREAWIDE
SIGNIFICANCE
Existing section 15206 requires that, for projects meeting certain
conditions, a draft EIR or negative declaration must be submitted
both the State Clearinghouse and to the appropriate local government
entity. The proposed amendment requires, for submissions to the
State Clearinghouse, that in addition to the printed copies of
draft EIRs and negative declarations, the document should be submitted
in electronic form on a diskette or by way of e-mail, if such
an electronic form is available.
SECTION 15231 ADEQUACY OF EIR OR NEGATIVE DECLARATION FOR
USE BY LEAD AND RESPONSIBLE AGENCIES
Public Resources Code Section 21167.2 establishes a legal presumption
that a certified EIR is valid, for purposes of use by certain
other agencies, where no legal challenge is initiated within a
specified time. The proposed amendments are intended to provide
guidance to responsible agencies regarding their permits where
a court has finally adjudged an environmental document not to
comply with CEQA but has failed to address the validity of the
responsible agency's permits.
SECTION 15269 EMERGENCY PROJECTS
The holdings in Castaic Lake Water Agency v. City of Santa
Clarita (1995) 41 Cal.App.4th 1257, and Western Municipal
Water District of Riverside County v. Superior Court (1987)
187 Cal.App.3d 1104, and the enactment of Public Resources Code
Section 21080.33 in 1996 have both changed and clarified the law
relating to exemptions from CEQA for emergency projects so as
to render existing section 15269 less than accurate as a reference
tool for agencies and the public. The proposed amendments are
intended to update section 15269 in light of the developments
in the law, both from caselaw and statute, so as to provide a
more complete reference point regarding emergency projects and
CEQA.
SECTION 15276 STATE AND REGIONAL
TRANSPORTATION IMPROVEMENT AND CONGESTION MANAGEMENT PROGRAMS
Existing section 15276 identifies and interprets the exemption
from CEQA that applies to the development or adoption of state
and regional transportation improvement programs. The addition
of a subdivision (b) to section 15276 will provide clarity of
reference in Article 18 of the Guidelines, which covers statutory
exemptions. The inclusion of county congestion management programs
among the exemptions contained in §21080 of the Public Resources
Code added to the range of statutory exemptions: the proposed
amendment will incorporate that provision in the Guidelines.
SECTION 15283 HOUSING NEEDS ALLOCATION [new section]
Government Code Section 65584 was amended by the Legislature to
exempt regional housing needs determinations from the provisions
of CEQA. The addition of section 15283 is intended to provide
reference to this recently added statutory exemption.
SECTION 15284 PIPELINES [new section]
Chapter 765 of the Statutes of 1996 added Public Resources Code
Section 21080.23, relating to the exemption from CEQA of projects
to maintain, repair, restore, etc., any existing pipeline. The
addition of section 15284 is intended to provide regulatory reference
to, and interpretation of, the provisions of section 21080.23.
SECTION 15285 TRANSIT AGENCY RESPONSES TO REVENUE SHORTFALLS [new section]
In 1996, the legislature enacted Public Resources Code Section
21080.32, relating to an exemption for actions taken by a publicly
owned transit agency in response to revenue shortfalls. The proposed
new text is intended to update the Guidelines in response to the
recently added Section 21080.32, and contains provisions to implement
this statutory exemption.
SECTION 15300.2 EXCEPTIONS
Article 19 of the Guidelines provides reference to agencies and
the public regarding categorical exemptions from CEQA, those projects
which have been found by the Secretary for Resources not to have
a significant effect on the environment. In some cases, however,
statute or caselaw has modified these categorical exemptions and
carved out areas of projects which are subject to CEQA, notwithstanding
their inclusion in a larger class of projects that fall within
the categorical exemption. The proposed amendments to section
15300.2 are intended to update this section and to provide more
complete guidance to both agencies and the public regarding certain
types of projects which must be reviewed under CEQA, notwithstanding
their apparent coverage by a categorical exemption.
SECTION 15301 EXISTING FACILITIES
Under existing law, projects or existing facilities involving
negligible or no expansion of use are exempt from CEQA because
as a class they do not have a significant effect on the environment.
The amendments to this section provide greater clarity as to the
nature of projects that fall within this class of exempt projects
and provide greater focus to lead agencies in determining whether
a project fits the criteria of this class.
SECTION 15303 NEW CONSTRUCTION OR CONVERSION OF SMALL STRUCTURES
Under existing law, new construction or conversion of small structures
are exempt from CEQA because as a class of projects, they do not
have a significant effect on the environment. The amendments
will provide greater clarity as to the nature of projects that
fall within this class.
SECTION 15304 MINOR ALTERATIONS OF LAND
Under existing law, projects involving minor alterations of land
are exempt from CEQA because as a class of projects, they do not
have a significant effect on the environment. The proposed amendments
will provide greater clarity as to the nature of projects that
fall within this class.
SECTION 15307 ACTIONS BY REGULATORY AGENCIES FOR PROTECTION
OF NATURAL RESOURCES
Under existing law, specified actions by regulatory agencies for
the protection of natural resources are exempt from CEQA because
as a class of projects, they do not have a significant effect
on the environment. The proposed amendments will provide greater
clarity as to the nature of projects that fall within this class.
SECTION 15316 TRANSFER OF OWNERSHIP OF LAND IN ORDER TO CREATE
PARKS
Under existing law, acquisitions of land in order to establish
a park are exempt from CEQA because as a class of projects, they
do not have a significant effect on the environment. The proposed
amendments will add "or other transfer" to the description
of this class to ensure that other legal means of property transfer
are acceptable to realize the goal of establishing parks.
SECTION 15325 TRANSFERS OF OWNERSHIP IN LAND TO PRESERVE OPEN
SPACE EXISTING NATURAL CONDITIONS
Under existing law, transfers of ownership in interests in land
in order to preserve open space are exempt from CEQA because as
a class of projects, they do not have a significant effect on
the environment. The proposed change will add "sale or other
transfer" to each of the examples in order to give proper
recognition to the fact that a public agency may hold land which
it wishes to preserve or restore, but for which it lacks the resources
or expertise to do so. Adding the terms "sale or other transfer"
ensures that public agencies may not only acquire but transfer
rights to another agency, non-profit entity, land trust, or individual
for purposes of preservation or restoration. This section is
also amended to make clear that preservation of existing conditions
includes habitats and historical resources as well as open space.
SECTION 15331 MINOR ACTIONS TO PREVENT, MINIMIZE, STABILIZE,
MITIGATE OR ELIMINATE THE RELEASE OR THREAT OF RELEASE OF HAZARDOUS
WASTE OR HAZARDOUS SUBSTANCES [new section]
Under existing law, the Secretary of the Resources Agency is authorized
to make a finding that certain classes of projects do not have
a significant effect on the environment. The addition of this
new section would establish a categorical exemption from the application
of CEQA for minor actions to prevent, minimize, stabilize, mitigate
or eliminate the release or threat of release of hazardous waste
or hazardous substances, subject to certain limitations.
SECTION 15332 HISTORICAL RESOURCE RESTORATION / REHABILITATION
[new section]
Under existing law, the Secretary of the Resources Agency is authorized
to make a finding that certain classes of projects do not have
a significant effect on the environment. The addition of this
new section would establish a categorical exemption from the application
of CEQA for restoration or rehabilitation of a historical resource,
if conducted in a manner consistent with the Secretary of the
Interior's Standards for the Treatment of Historic Properties
with Guidelines for Preserving, Rehabilitating, Restoring, and
Reconstructing Historic Buildings, subject to certain limitations.
SECTION 15333 IN-FILL DEVELOPMENT PROJECTS [new section]
Under existing law, the Secretary of the Resources Agency is authorized
to make a finding that certain classes of projects do not have
a significant effect on the environment. The addition of this
new section would establish a categorical exemption from the application
of CEQA for "in-fill development" which meets described
conditions, subject to certain limitations.
SECTION 15378 PROJECT
Under existing law, section 15378 contains the basic definition
of what constitutes a "project" for purposes of CEQA.
Proposed changes to sections 15060 and 15061 clarify for lead
agencies the preliminary review process. Specifically the changes
will better lay out the fact that the first determination to be
made is whether an activity is a project. Once it is determined
that an activity is a project, the agency may proceed to determine
whether the project has nevertheless been exempted from CEQA by
statute or guideline. The proposed change to section 15378 will
remove a reference that erroneously referred to exempt projects
as non-projects. The proposed section will also add a provision
clarifying the fact that organizational or administrative activities
of governments (such as reorganization of a school district) are
not "projects" under CEQA.
APPENDIX G and I CONSOLIDATION ENVIRONMENTAL CHECKLIST
Existing Appendix G identifies examples of certain types of effects
that may be deemed to have a significant effect on the environment.
Existing Appendix I provides an environmental checklist for use
by lead agencies in determining when an impact is a potentially
significant environmental effect. The combined and amended Appendix
G is proposed to be augmented and will provide seventeen separate
categories, each with an average of five more focused questions
as to the project's impact. This checklist will provide a level
of analysis far more focused and comprehensive than that currently
provided in separate Appendices.
APPENDIX K: REPEAL AND TRANSFER OF PROVISIONS TO GUIDELINES
TEXT
Existing Appendix K provides guidance to those in the CEQA process
with regard to archaeological impacts. Its provisions, however,
contain limited discussion of historical resources and do not
reflect statutory amendments in §21084 and §21084.1
of the Public Resources Code. The proposed change will delete
Appendix K, update its provisions, and transfer them to sections
15064.5 and 15126.4 in the Guidelines.
APPENDIX J GUIDE TO TIERING [new appendix]
Existing provisions of CEQA provide assorted types of EIRs which
may be used to satisfy any required environmental review. The
proposed Appendix J provides an initial "at a glance"
guide to the types of EIRs currently permitted by statute. Once
a particular type is identified, further reference to the statute
and Guidelines may proceed.
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DISCLOSURES REGARDING THE PROPOSED ACTION
The Agency has made the following determinations concerning the
proposed changes to the guidelines:
Mandate on local agencies and school districts: None
Cost or savings to any state agency: None
Cost to any local agency or school district which must be reimbursed
in accordance with Government Code sections 17500 through 17630:
None
Other nondiscretionary cost or savings imposed by local agencies:
None
Cost or savings in federal funding to the state: None
Significant adverse economic impact on business, including the
ability of California businesses to compete with businesses in
other states: None
Potential cost impact on private persons or directly affected
businesses: None
Adoption of this amendment will not (1) create or eliminate
jobs within California; (2) create new businesses or eliminate
existing businesses within California; or (3) affect the expansion
of businesses currently doing business within California.
Significant effect on housing costs: None
PLAIN ENGLISH DETERMINATION AND OVERVIEW
Small Business Determination
The Agency has determined that the proposed changes to the guidelines
do not affect small business. This conclusion is based upon the
fact that the changes are intended to clarify the way in which
public agencies are to administer the CEQA process.
Plain English Policy Overview
The purpose of the proposed changes to the guidelines is to interpret
the requirements of CEQA and to provide a comprehensive point
of reference for those who are affected by CEQA's requirements,
both in government and in the private sector. Specifically, the
proposed changes will make it more clear what lead agencies and
project applicants must do to comply with CEQA.
Availability of Text in Plain English
The text of the proposed changes to the guidelines has been drafted,
and is available in plain English. The text is available through
the contact address and telephone number listed below.
CONSIDERATION OF ALTERNATIVES
In accordance with Government Code section 11346.5(a)(12), the
Agency must determine that no alternative it considered would
be more effective in carrying out the purpose for which the action
is proposed or would be as effective and less burdensome to affected
private persons than the proposed action.
The Agency invites interested persons to present statements or
arguments with respect to alternatives to the proposed changes
to the guidelines at the scheduled hearing or during the written
comment period.
CONTACT PERSON
Inquiries concerning the substance of the proposed action, or
any requests for copies of the proposed text of the regulation,
the initial statement of reasons, the modified text of the regulations
(if any), or other information upon which the rulemaking is based
may be directed to:
AVAILABILITY OF STATEMENT OF REASONS AND TEXT OF PROPOSED REGULATIONS
The Agency will have the entire rulemaking file available for
inspection and copying throughout the rulemaking process at its
office at the above address. As of the date this notice is published
in the Notice Register, the rulemaking file consists of this notice,
the proposed text of the regulation, the initial statement of
reasons, and the following additional material:
The Secretary of the Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings.
The California Agricultural Land Evaluation and Site Assessment
Model developed by the California Department of Conservation.
AVAILABILITY OF CHANGED OR MODIFIED TEXT
After holding the hearing and considering all timely and relevant
comments received, the Agency may adopt the proposed changes to
the guidelines substantially as described in this notice. If
the Agency makes modifications which are sufficiently related
to the originally proposed text, it will make the modified text,
with the changes clearly indicated, available to the public for
at least 15 days before the Agency adopts the regulation as revised.
Please send requests for copies of any modifications to the proposed
changes to the guidelines to the address listed above. The Agency
will accept written comments on the modified text for 15 days
after the date on which it is made public.
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This file last modified on: Friday, October 10, 1997.