State Water Resources Control Board Environmental Review for State Bond Funded Grant Projects

1. State Water Resources Control BoardEnvironmental Review for State Bond Funded Grant Projects Presented by Lisa Lee, Environmental Review Unit

2. Topics We Will Cover Today • Quick CEQA overview • Proposition 84 funding and Native American Consultation • Environmental Review Unit (ERU) Role • Environmental Review Steps • ERU Contacts

3. California Environmental Quality Act CEQA was enacted in 1970 to ensure that state and local governmental agencies consider the environmental impact of their decisions when approving a project. What is CEQA?

4. CEQA objectives: • Disclose to decision makers and the public the significant environmental effects of proposed activities • Identify ways to avoid or reduce environmental damage and prevent environmental damage by requiring implementation of feasible alternatives or mitigation measures • Disclose to the public reasons for agency approval of projects with significant environmental effects • Foster interagency coordination in the review of projects • Enhance public participation in the planning process

5. Agency Responsibility 3 levels of agency responsibility under CEQA: Lead Agency – Government agency with the principal responsibility for carrying out or approving a project. Must complete the CEQA document. Responsible Agency – Government agency that has a legal responsibility for carrying out or approving a project (e.g. issue permit or give funding *State Water Board*). Trustee Agency – Government agency with jurisdiction over certain resources held in trust for the people of California (e.g. DFG).

6. Lead Agency and Responsible Agency interactions during the CEQA Process

7. What’s considered a “project” under CEQA? An activity is considered a project when a government agency: ~Builds something ~Funds an activity ~Issues a permit for an activity

8. Types of CEQA Documents • Notice of Exemption • Initial Study • Negative Declaration • Mitigated Negative Declaration • Environmental Impact Report • Addendum, Supplemental and Subsequent CEQA documents.

9. Exemptions • Projects may be exempt from CEQA requirements based on the type of activity(s) that will not have a significant environmental impact (i.e. no mitigation or avoidance measures are required to reduce environmental impacts). • Exceptions to exemptions (Classes 3, 4, 5, 6 and 11) disqualify a project from meeting exemption requirements (see Public Resources Code Sections 21084(b), (c), and (e); CEQA Guidelines, Section 15300.2)

10. Proposition 84 funding and Native American consultation requirements Public Resources Code (PRC) §75102 requires “that before the adoption of a Negative Declaration or an Environmental Impact Report required for any project to be financed with Proposition 84 funds, the lead agency shall notify the proposed action to a California Native American tribe, which is on the contact list maintained by the Native American Heritage Commission, if that tribe has traditional lands located within the area of the proposed Project.”

11. The ERU’s role Under CEQA, Lead and Responsible Agencies are required to adopt CEQA “findings” for a project. The State Water Board as a responsible agency must consider the CEQA document prepared by the Lead Agency when funding a project. The ERU’s role is to review project environmental documents and document environmental compliance on behalf of the State Water Board (due to the State Water Board’s funding action).

12. Recent Procedure Changes Due to recent management decision, the Grant Managers have been delegated to take on the responsibility of reviewing the environmental documents, and making the CEQA findings on behalf of the State Water Board.

13. Environmental Review Steps - The grantee submits the applicable CEQA documents to the Grant Manager (GM) - The GM reviews the CEQA documents and makes an adequacy and completeness determination

14. Environmental Review Steps - continued Adequacy: • Are the documents adequate for the State Water Board to make CEQA findings? • Have all GM’s concerns been addressed? Completeness: • Did the grantee submit all the applicable required supporting documentation? Documentation: • State Water Board finding documents

15. Adequacy - Issues to consider • Projects that will result in unavoidable significant adverse water quality impacts - Statements of Overriding Consideration (SOC) • Controversial and non-routine projects - Litigation - Public controversy - Projects that are ‘out of the norm’ • Potential changes in the scope of work due to resource agency consultations - Permitting (404/401, DFG SAA) - State and Federal Agency consultations * DFG, California Coastal Commission * USACOE, USFWS, SHPO

16. Completeness –Types of documents to look for • Notice of Exemption – Copy of filed NOE containing the county clerk(-s) and OPR date stamps, plus any supporting documents • Initial Study/Negative Declaration or Mitigated Negative Declaration • Draft and Final IS/ND or IS/MND • Resolution adopting the IS/ND or IS/MND, any applicable Mitigation Monitoring and Reporting Program (if using IS/MND), and making CEQA findings • Comment letters and response to comments • Notice of Determination filed with the county clerk(-s) and OPR • Supporting documents (including permits, BOs, etc.)

17. Completeness – Types of documents to look for, continued. • Environmental Impact Report (EIR) • Draft and Final EIR • Resolution certifying the final EIR, adopting an MMRP and an applicable SOC, and making CEQA findings • Comment letters and response to comments • Notice of Determination filed with the county clerk(-s) and OPR • Supporting documents (including permits, BO, etc.)

18. Documentation – How to document your findings Document CEQA compliance: If the Project is routine and not controversial: Develop a CEQA Administrative Staff Report that includes the State Water Board CEQA findings and prepare the applicable CEQA document (NOE, ND, MND and EIR)*. Submit the completed staff report to the Program Analyst at the State Water Board to process. *Note that if a project is determined to be exempt under CEQA and the State Water Board is the CEQA Lead Agency, the GM must also prepare and submit an NOE to go along with the CEQA Administrative Staff Report. However, if the Project is controversial and/or non-routine, then the Project must go before the State Water Board for consideration. Contact the ERU for more information on how to proceed.

19. Documentation - continued State Water Board Environmental approval is completed when either: A. The State Water Board’s Division Deputy Director (DFA) or designee approves the environmental findings, and signs the CEQA Administrative Staff Report and any applicable NOE (if the State Water Board is the CEQA Lead Agency). The Program Analyst files the applicable NOE with the OPR within 5 business days following the approval date. OR B. The State Water Board considers and makes a decision on the non-routine and/or controversial project. The Program Analyst files a Notice of Determination or Notice of Exemption with the OPR within 5 business days following the State Water Board decision.

20. Environmental Review Steps, continued The Program Analyst notifies the GM of the Project’s CEQA status and provides the GM with copies of any applicable approval documents (signed CEQA Administrative Staff Report, NOE/NOD filings).

21. For more information, please contact the ERU Ahmad Kashkoli, Unit Supervisor (916) 341-5855 Akashkoli@waterboards.ca.gov Lisa Lee, Environmental Scientist (916) 327-9401 LDLEE@waterboards.ca.gov