CEQA

Question 1

CEQA:

Laws governing CEQA:

4 total (1 primarily)

Answer 1

CEQA:

Laws governing CEQA:
1. Public Resources Code (mostly here)

2. California Code of Regulations (CEQA guidelines)
3. Local CEQA amendments
4. Court rulings

Question 2

CEQA:

Who develops CEQA guidelines? 2

Who does most of the heavy lifting by certifying and officially adopting (hit the other agenies website refs you here to see the full CEQA docs)?

Answer 2

CEQA:

Develops CEQA guidelines:

1. OPR, governors office of Planning and Research
2. CNRA: CA Natural Resource Agency

the Secretrary of Natural Resources for the CNRA certifies and adopts CEQA guidlines

Question 3

CEQA:

What functions does OPR governors office of planning and research fulfill for CEQA?

Answer 3

CEQA:

OPR duties:

1. Develops CEQA guidelines (along with CNRA)
2. Runs STC: state clearing house which coord state level review for CEQA
3. Choice lead agency when there is a dispute

Question 4

CEQA:

• How is the lead agency chosen?
• What if there is a dispute?
• Whats preferred a local city bld dpt or a single purpose specific department like RWQCB?

Answer 4

CEQA:

• public agency with primary responsibly for approving the project. (city building dpt, county building dpt, DSA )
• Office of Planning and Research decides
• local city as they have more overall authority on the project as a whole. The RWQCB would be a responsible agency in this case.

Question 5

CEQA:

• Which agencies have “discretionary” control over a project?
• Which type of agencies to not have discretionary control (approval/disapproval) of a project?
• What type of agency is the lead agency required to contact and get comments from that must be followed?

Answer 5

CEQA:

1. lead agency (req’d to approve/disapprove part of project as a whole)
2. responsible agency(req’d to approve/disapprove part of project as a whole)
   - Trustee agencies do not have approval or disapproval ability of a project. However lead agencies and responsible agencies are required to consult with them.
   - Lead agency must consult with responsible and trustee agency

Question 6

CEQA:

Can a trustee agency also be a responsible agency?

Can a trustee agency also be a lead agency?

Answer 6

CEQA:

Yes. if it has discretionary control over a project (if it would be req’d to approve/disapprove a portion of the project anyway)

Yes. but not often, usually only if they are doing their own project.

Question 7

CEQA:

What are the 4 trustee agencies?

When do each get involved?

Answer 7

CEQA:

1. CDFW: Ca Dpt of Fish and Wildlife
   - impact fish, wildlife, plants
2. State Lands Commission
3. Dpt of Parks and Rec
4. University of California

Question 8

State Lands Commission

What is its jurisdiction? 4

Something unique about this jurisdtion?

How if it involved with CEQA?

Types of project that require approval

Answer 8

State Lands Commission

1. Sovereign Lands (public land up to high tide)
2. Tide Lands (land between high and low tide)
3. submerged lands (to state boundary 3 miles out)
4. School lands (specific ones)

• jurisdiction of the land not the water over it.
• Trustee CEQA agency (could also be lead)
• off shore engery/oil/ minerals etc.

Question 9

CEQA:

CEQA process for Negative Declaration: 8

Answer 9

CEQA:

CEQA process for Negative Declaration:

1. PROJECT_ AHJ decides if it is a project
2. EXEMPTIONS_ AHJ decides if it is exempt
3. LEAD_ lead agency is picked and responsible agencies are identified (base on env impact)
4. NOTIFY_ notify other agencies the initial study is being prepared
5. CONSULT_ lead consults with other agencies
6. INITIAL_ Initial Study
   - —————————————————————-
7. NOTIFY_ Public notice of proposed Neg Dec or Mitigated Neg Dec (20 days min/ 30 days if state clearinghouse)
8. FILE: adopt and file at County Clerk (if local lead) or OPR (if State lead) (public comments must be considered but not req’d to reply)
9. PAY_ lead agency pays CA Dpt of Fish and Wildlife within 5 days of approval (Dpt of Natural Resources put CDFW in change of collecting the money)

Question 10

CEQA:

Is Federal Gov req’d to follow CEQA

Answer 10

CEQA:

no, fed gov follows NEP which is sim. However if projects require both fed and state approval both NEP and CEQA apply

Question 11

CEQA:

CEQA process for Environmental Impact Report: 12

-what also is needed to be adopted?

Answer 11

CEQA:

1. PROJECT_ AHJ decides if it is a project
2. EXEMPTIONS_ AHJ decides if it is exempt
3. LEAD_ lead agency is picked and responsible agencies are identified (base on env impact)
4. NOTIFY_ notify other agencies the initial study is being prepared
5. CONSULT_ lead consults with other agencies
6. INITIAL_ Initial Study
   - —————————————————————-
7. NOTIFY_ notify other agencies of preparation.
8. SCOPE_ get comments from agencies for 30 days min.
9. NOTIFY_ notify state clearing house the draft is done and notify public that draft is available for review (45 day min)
10. FINAL EIR
11. FILE: adopt and file at County Clerk (if local lead) or OPR state clearing house (if State lead) (public comments must be considered but not req’d to reply)
12. PAY_ lead agency pays CA Dpt of Fish and Wildlife within 5 days of approval (Dpt of Natural Resources put CDFW in change of collecting the money)
    - mitigation monitoring program

Question 12

CEQA:

What catch comes along with a Mitigated Neg Dec?

Answer 12

When adopting a MND, the Lead Agency must also adopt a program for reporting on or monitoring the changes that it has either required in the project or made a condition of approval to mitigate or avoid significant environmental effects. (Public Resources Code § 21083 and State CEQA Guidelines § 15074(d))

Question 13

CEQA:

Can a project be approved if the Final EIR indicates that it would have significant and unavoidable impacts?

Answer 13

CEQA:
Yes, but the Lead Agency Lead Agency must prepare a statement of overriding considerations stating the reasons for approving the project despite its significant and unavoidable impacts. The statement of overriding considerations reflects the ultimate balancing of competing public objectives (including environmental, legal, technical, social, and economic factors). The statement must:
Be in writing,
State specific reasons supporting agency actions based on the Final EIR or other substantial evidence in the record, and
Be mentioned in the Notice of Determination (NOD).

Question 14

CEQA:

Is a scoping meeting required for a Negative Declaration or Mitigated Negative Declaration?

Answer 14

no

Question 15

CEQA:

Do public meetings need to be conducted for a Draft EIR?

Answer 15

no

Question 16

CEQA:

Do public meetings need to be conducted for a Final EIR?

Answer 16

No, although Final EIRs are typically certified at public meetings.

Question 17

CEQA:

Are public meetings required for a Negative Declaration or Mitigated Negative Declaration?

Answer 17

No, although NDs and MNDs are typically adopted at public meetings.

Question 18

CEQA:

Who must certify the Final EIR?

Answer 18

The Final EIR must be certified by Lead Agency decision makers before taking any action to approve the proposed project.

Question 19

CEQA:

Who needs to receive the EIR Notice of Preparation?

Answer 19

Office of Planning and Research (State Clearinghouse – see below),
Each Responsible Agency,
Each federal agency involved in approving or funding the project, and
Each Trustee Agency responsible for natural resources affected by the project.

Question 20

CEQA:

What are some “resources” that CEQA protects?

Answer 20

CEQA:

What are some “resources” that CEQA protects?

1. obvious environmental
2. Cultural (historic stuff, buildings, tribes)
3. Noise
4. Agriculture
5. Recreation/open space

Question 21

CEQA:

• What is NEPA?
• What projects is it involved with?
• What is its version of an EIR
• Main difference from CEQA

Answer 21

CEQA:

• National Environmental Protection Act
• Fed funds, Fed review
• EIS environmental impact statement

differences:

1. NEPA mostly only forces feds to consider environment while CEQA forces consideration and followup mitigation, monitoring, etc.
2. CEQA more strict (lower threshold)

Question 22

CEQA:

When do environmental docs need to go to the OPR State Clearing House?

Answer 22

CEQA:

1. When state lead agency
2. When local lead agency but there are state responsible or trustee agencies involved.
3. ALL NOPS (local or state run) notice of perparations
4. ALL NOC (local or state run)). notice of completion
5. NOD.. EIR or NEG DEC if state lead, responsible, or trustee agency is involved (if state is not lead it also goes to relevant local agencies). notice of completion
6. NEPA Draft Environmental Statements (how they keep track of federal stuff)
7. NOE for low income housing and other statutory exemptions?

Question 23

CEQA:

What is an NOE?

Is it required to be filed?

Who is it filed with?

Answer 23

CEQA:

Notice of Exemption

Not required to be filed

If filed local goes to county clerk and state goes to OPR stateclearinghouse

Question 24

CEQA:

What is an NOP?

Is it required to be filed?

Who is it filed with?

Answer 24

CEQA:

• Notice of Preparation
• Yes,
• NOP must be filed with the OPR State clearing house and any relevant local responsible agencies

Question 25

CEQA: What is an NOC? Is it required to be filed? Who is it filed with?

Answer 25

CEQA: - Notice of Completion of draft EIR - Yes must be filed with OPR -

Question 26

CEQA by the letters:

Answer 26

CEQA: neg dec: 1. Is it a project 2. Is it exempt 3.

Question 27

What does Noaa stand for and what us dpt is it under

Answer 27

National Oceanic Atmospheric Amninistration - Dpt of Commerce - National Marine Fisgery Service

Question 28

NOE: NOI: NOP: NOC: NOD: types of exemptions and who decides:

Answer 28

NOE (voluntary filing) : OPR or Country Clerk NOI (neg dec): OPR if state NOP (draft EIR): OPR always NOC (draft EIR): OPR always NOD (final EIR or Neg DEC): OPR [or] Country Clerk types of exemptions and who decides: categorical: Dpt of Natural resources decided a category of project does not have an impact on the environment statutory exemption: decided by state statutes...can have impact on environment but state things project types is more important. https://opr.ca.gov/ceqa/technical-advisories.html