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CSE jim > CEQA > Flashcards

CEQA Flashcards

1
Q

CEQA:

Laws governing CEQA:

4 total (1 primarily)

A

CEQA:

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

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

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)?

A

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

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3
Q

CEQA:

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

A

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
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4
Q

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?
A

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.
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5
Q

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?
A

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
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6
Q

CEQA:

Can a trustee agency also be a responsible agency?

Can a trustee agency also be a lead agency?

A

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.

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7
Q

CEQA:

What are the 4 trustee agencies?

When do each get involved?

A

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
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8
Q

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

A

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.
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9
Q

CEQA:

CEQA process for Negative Declaration: 8

A

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)
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10
Q

CEQA:

Is Federal Gov req’d to follow CEQA

A

CEQA:

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

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11
Q

CEQA:

CEQA process for Environmental Impact Report: 12

-what also is needed to be adopted?

A

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
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12
Q

CEQA:

What catch comes along with a Mitigated Neg Dec?

A

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))

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13
Q

CEQA:

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

A

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).

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14
Q

CEQA:

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

A

no

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15
Q

CEQA:

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

A

no

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16
Q

CEQA:

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

A

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

17
Q

CEQA:

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

A

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

18
Q

CEQA:

Who must certify the Final EIR?

A

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

19
Q

CEQA:

Who needs to receive the EIR Notice of Preparation?

A

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.

20
Q

CEQA:

What are some “resources” that CEQA protects?

A

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
21
Q

CEQA:

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

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)
22
Q

CEQA:

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

A

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?
23
Q

CEQA:

What is an NOE?

Is it required to be filed?

Who is it filed with?

A

CEQA:

Notice of Exemption

Not required to be filed

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

24
Q

CEQA:

What is an NOP?

Is it required to be filed?

Who is it filed with?

A

CEQA:

  • Notice of Preparation
  • Yes,
  • NOP must be filed with the OPR State clearing house and any relevant local responsible agencies
25
Q

CEQA:

What is an NOC?

Is it required to be filed?

Who is it filed with?

A

CEQA:

  • Notice of Completion of draft EIR
  • Yes must be filed with OPR

-

26
Q

CEQA by the letters:

A

CEQA:

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

27
Q

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

A

National Oceanic Atmospheric Amninistration

  • Dpt of Commerce
  • National Marine Fisgery Service
28
Q

NOE:

NOI:

NOP:

NOC:

NOD:

types of exemptions and who decides:

A

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

CSE jim (34 decks)

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