The California Environmental Quality Act (CEQA)

1. The California Environmental Quality Act (CEQA)

2. CEQA Overview • Government agencies must consider environmental consequences prior to approving proposed land-use plans, policy, or project. • Applies to most state, regional, local planning-agency approval decisions of projects.

3. CEQA Overview (cont.) • Legislative intentions: • Inform govt. decision-makers & public of potential environmental effects of proposed action. • Identify ways to avoid or significantly reduce damages. • Adopt alternatives or mitigation measures to prevent significant, avoidable damage. • Publicly disclose why a project with significant, unmitigated environmental effects was approved.

4. What is a CEQA Project? • Applies to discretionary projects, not non-discretionary actions (e.g., conformity to standards like building permits,...) • i.e. Projects where management has a choice in implementing them are called discretionary projects. Projects where no choice exists are called nondiscretionary projects. • “Project” is any activity that may cause direct physical, or reasonable foreseeable indirect physical, environmental change.

5. What is a ministerial project ? • Ministerial projects (CEQA Guidelines, Section 15369) are governmental decisions involving little or no personal judgment as to the wisdom or manner of carrying out the action. • A ministerial decision is based upon fixed standards or objective measurements only. • Ministerial Department activities include issuance of fishing and hunting licenses, stamps, and tags.

6. What is Environmental Change? • Definition of Environment: • “physical conditions...that will be affected by a proposed project, including land, air, water, minerals, flora, fauna, noise, and...historical or aesthetic significance...” • Effects need not be immediate, even if further specific project review is required • e.g., amending city general plan has general, not specific, future impacts

7. The CEQA Process • Agency decides whether activity is CEQA project • Prepare an Initial Study • Adopt a Negative Declaration, or • Prepare Environmental Impact Report (EIR) • Project Approval and Findings • Mitigation Monitoring/Reporting Programs • Judicial Challenges

8. CEQA Process Application Not a Project Project Ministerial Project Discretionary Project Exempt from CEQA Prepare Initial Study No Impacts from Project Potential Impacts No Further CEQA Action Required Negative Declaration Mitigated Neg. Declar. Impacts Prepare an EIR No EIR Required Project Decision

9. The CEQA Process • Agency decides whether activity is CEQA project • Prepare an Initial Study • Adopt a Negative Declaration, or • Prepare Environmental Impact Report (EIR) • Project Approval and Findings • Mitigation Monitoring/Reporting Programs • Judicial Challenges

10. Determining whether an activity is a CEQA project • CEQA exempts projects that do not significantly impact environment. • Various statutory exemptions. • If project determined not exempt, agency must prepare an initial study.

11. Preparation of Initial Study • Lead Agency (e.g, city, county) determines whether an EIR must be prepared, or if a negative declaration sufficient. • Basically, determines whether significant environmental impacts expected. • Agency must provide data/information to support decision.

12. Adoption of a Negative Declaration • States project will not have significant adverse environmental impacts -- EIR is not required. • “Mitigated Negative Declaration” adds project revisions that must be made to avoid or mitigate significant adverse impacts.

13. Review and Adoption of ND Notice of Intent Public Review Prepared by Lead Agency Review comments on draft Decisions (Mitigated) Negative Declaration Mitigation Measures* Initial Study Proposed Findings Project Description & Location Draft ND

14. Adoption of Negative Declaration (cont.) • Negative Declaration must include: • Project description • Project location • Name of project proponent • Finding of no significant environmental impacts • Copy of initial study • Mitigation measures included in project.

15. Adoption of Negative Declaration (cont.) • Planning agency required to: • Notify public that document available for public review. • Receive and evaluate comments. • Make any necessary findings with respect to mitigation measures. • Adopt mitigation and monitoring program for mitigation measures.

16. Preparing an Environmental Impact Report (EIR) • Planning agency must prepare and EIR (instead of a negative declaration) if it “can be fairly argued on the basis of substantialevidence that the project may have significant environmental impact.”

17. Preparing an Environmental Impact Report (cont.) • What is substantial evidence? • “Relevant information” and “reasonable inferences” to make a fair argument there exists significant adverse environmental consequences. • Must be accurate, substantiated information; not unsubstantiated opinion, social/economic impacts unrelated to project, controversy, etc.

18. CEQA Process Application Not a Project Project Ministerial Project Discretionary Project Exempt from CEQA Prepare Initial Study No Impacts from Project Potential Impacts No Further CEQA Action Required Negative Declaration Mitigated Neg. Declar. Impacts Prepare an EIR No EIR Required Project Decision

19. Consultation on Draft Certification of Final EIR Scope of Work & NOP* Request Comments Prepared by Lead Agency Findings Project Description & Location Overriding Considerations Probable Environmental Effects Public Review Decisions Reviewed by state/federal agency Environmental Impact Report Environmental management plan Evaluation of environmental impact & mitigation measures Review comments on draft Environmental monitoring plan Environment Description Draft EIR Final EIR * Notice of Preparation

20. EIR Procedure • Scoping • Agency solicits comments--from other public agencies, public, project applicant--about the scope of the EIR • What are the main areas of environmental concern?

21. EIR Procedure (cont.) • Draft EIR • After scoping, planning agency prepares a draft EIR. • Draft EIR circulated to public and public agencies for review and comment. • Planning agency must respond to significant issues and perhaps revise the EIR

22. EIR Procedure (cont.) • Final EIR consists of: • Draft EIR • Comments/recommendations from on draft EIR • Lead agency’s responses to significant issues raises in review process. • List of persons/agencies commenting on draft EIR. • Any other information added by lead agency.

23. EIR Procedure Lead Govt. Agency prepares draft EIR Draft EIR available for public review (30 or 45 days) Agency evaluates public comments Agency prepares final EIR Decision-making body considers approval of EIR Findings on feasibility or reducing or avoiding significant environmental effects Decision on Project

24. Contents of EIR • Table of Contents • Summary of proposed actions & impacts • Project description • Environmental setting • Evaluation of of environmental impacts

25. Contents of EIR (cont.) • Project description • Should include ultimate project, as well as reasonably foreseeable future activities resulting from the project. • Evaluation of environmental impacts • Sufficient information on environmental consequences for policy decision-making.

26. Evaluation of environmental impacts (cont.) • All related impacts must be considered: • Proposed project effects • Environmental effects that cannot be avoided • Any significant irreversible changes • Growth-inducing impact of project • Cumulative impacts • Insignificant effects • Mitigation measures • Project alternatives • Inconsistencies with applicable plans

27. Contents of EIR (cont.) • Evaluation of environ. (cont.) • Cumulative Impacts • Two or more individual effects, considered together, that compound or increase other environmental impacts. • EIR must discuss all significant cumulative effects. • Includes “past, present, and probable future projects.”

28. Contents of EIR (cont.) • Evaluation of environ. (cont.) • Mitigation • EIR must describe feasible mitigation measures to minimize significant environmental impacts. • Project Alternatives • EIR must contain project alternatives that are reasonable, feasible, and offer environmental advantages.

29. Project Approval and Findings • Upon EIR completion, govt. body considers approval of project. • Projects with feasible alternatives or mitigation measures should not be approved. • But CEQA allows approval of projects that damage environment if economic, social, or other considerations make it infeasible to mitigate the significant effects. • Overriding economic, legal, social, technological, or other outweigh environmental damages.

30. Judicial Challenges • 30-day statute of limitations on CEQA challenges from day “notice of determination” filed • e.g., agency decision made. • Generally, can challenge two issues: • Provide a “fair argument” that an EIR is required • Instead of a mitigated negative declaration • Challenge the adequacy of the EIR.

31. End of Presentation