Table of Contents
Which projects are exempt from CEQA?
For example, emergency projects such as emergency repairs to publicly or privately owned service facilities necessary to maintain services essential to the public health, safety or welfare are statutorily exempt from CEQA.
What is a statutory exemption under CEQA?
Statutory exemptions are projects specifically excluded from CEQA consideration as defined by the State Legislature. A statutory exemption applies to any given project that falls under its definition, regardless of the project’s potential impacts to the environment.
What projects are subject to CEQA?
All projects undertaken by a public agency are subject to CEQA. This includes projects undertaken by any state or local agency, any special district (e.g., a school district), and any public college or university. CEQA applies to discretionary projects undertaken by private parties.
What is a project defined by CEQA?
CEQA defines a “project” as an activity that (1) is a discretionary action by a governmental agency and (2) will either have a direct or reasonably foreseeable indirect impact on the environment.
What is a negative declaration CEQA?
A Negative Declaration (ND) is a written statement by the Lead Agency briefly describing the reasons why a proposed project, that is not exempt from CEQA, will not have a significant effect on the environment and, therefore, does not require the preparation of an EIR. ( State CEQA Guidelines § 15371).
What is a neg dec?
A “negative declaration” is one of the kinds of reports cities and counties prepare as part of their environmental review of a project. Sometimes planners and others call these “neg decs.” It is reaching a conclusion (or making a “declaration”) that an environmental impact report is not necessary (the “negative”).
What are the CEQA guidelines?
The CEQA Guidelines reflect the requirements set forth in the Public Resources Code, as well as court decisions interpreting the statute and practical planning considerations.
What does exempt statute mean?
Statutory exemptions are granted by the California Legislature for individual or classes of projects, and apply regardless of the environmental impacts of the project for state policy reasons.
What is a CEQA lead agency?
The Lead Agency, as defined by CEQA, is the public agency that has the primary responsibility for carrying out or approving a project. (State CEQA Guidelines Section 15367.) To be a CEQA Lead Agency, the public agency must have discretionary authority over the proposed project (see also CEQA Triggers Topic Paper).
What is an EIR report?
Environmental Impact Statements & Environmental Impact Reports. An EIS or EIR contains an overview of the project, in-depth studies of potential impacts, measures to reduce or avoid those impacts, maps and technical details of the project area and an analysis of alternatives to the project.
Is CEQA required?
CEQA makes environmental protection a mandatory part of every California state and local (public) agency’s decision making process. It has also become the basis for numerous lawsuits concerning public and private projects.
What does discretionary approval mean?
Discretionary approvals require the exercise of judgment and deliberation by a decision-maker, such as granting a Conditional Use Permit to an airport or a marijuana outlet. Discretionary approvals are granted at the discretion of a City decision-maker and may require a public hearing.
What does CEQA stand for?
Key resources for understanding and implementing the California Environmental Quality Act (CEQA).
What triggers an EIR?
When an Initial Study indicates that a project has the potential to “significantly” damage the environment, CEQA requires that an EIR be prepared. An EIR is an informational document to be used by the public and by decision makers when making choices about projects.
What is an MND CEQA?
For many years, lead agencies have adopted “mitigated negative declarations” (MND) that are designed to mitigate or avoid a project’s potential significant impacts. This advisory publication is aimed primarily at local public agencies and CEQA practitioners.
Who prepares an EIR?
The lead agency shall prepare a final EIR before approving the project. The contents of a final EIR are specified in 14 CCR Section 15132 of the CEQA Guidelines. Lead agencies may provide an opportunity for review of the final EIR by the public or by commenting agencies before approving the project.
Is MND a CEQA?
The final draft of the IS/MND clarifies that it is a tiered CEQA document. The following Findings are hereby adopted by the University pursuant to CEQA Guidelines Section 15074, in conjunction with the approval of the Project, which is set forth in Section IV, below.
What is an EIR in California?
EIR – Environmental Impact Report: A report prepared if there is substantial evidence that a project may have a significant effect on the environment as set up in CEQA, the California Environmental Quality Act. It usually includes a description of the project, a map, and probable environmental affects.
What is a CEQA lawsuit?
As a “self-executing” statute, CEQA is enforced by aggrieved parties requesting that a court mandate either a full environmental review—in cases where none was initially deemed necessary—or heavy revisions to an existing EIR. Litigants can even file these lawsuits anonymously.
Does CEQA apply to federal lands?
CEQA Requirement: CEQA applies to projects of all California state, regional or local agencies, but not to Federal agencies.
What is the difference between CEQA and NEPA?
NEPA is purely a procedural document and narrower than CEQA in process and in practice. The CEQA lead agency is usually local or state government. NEPA and CEQA are used at the national and state/local levels to ensure the environmental impact is being considered in the decision-making process.
Where are the CEQA guidelines?
The CEQA Guidelines apply to public agencies throughout the state, including local governments, special districts, and State agencies. Public Resources Code section 21083 requires the Office of Planning and Research and the Natural Resources Agency to periodically update the CEQA Guidelines.
