CEQA DESKBOOK
CHAPTER 1
CEQA OBJECTIVES:
* to disclose to decision makers and the public the significant environmental effects of
proposed activities
* to identify ways to avoid or reduce environmental damage
* to avoid environmental damage by requiring implementation of feasible alternatives or
mitigation measures
* to disclose to the public reasons for agency approval of projects with significant
environmental effects
* to foster interagency coordination in the review of projects
* to enhance public participation in the planning process.
CEQA APPLIES to all discretionary activities proposed to be carried out or approved by CA
public agencies, including state, regional, county, and local agencies (applies to CA gov. agencies
at all levels, including boards, commissions, and special districts), unless an exemption applies.
CEQA applies to private activities that require discretionary governmental approvals.
PROCEDURAL REQUIREMENTS: a series of detailed procedural requirements that ensure that
each of the law’s objectives is accomplished. (include: initial studies, negative declarations, EIRs,
mitigation measures, alternatives, mitigation monitoring, findings, scoping, public notice
requirements, response to comments, early consultation, notice of preparation, state clearinghouse
review. FIGURE 1-1.)
SUBSTANTIVE REQUIREMENTS: requiring agencies to address environmental impacts
disclosed in an EIR.
TIMING OF CEQA: CEQA docs. should be prepared during the agency planning process and
must be completed and certified before project ‘approval,’ which is the decision committing an
agency to a definite course of action on the project. The envtal. review process is not an
independent process; it must be integrated into project planning and decision making. TO the
maximum extent feasible, these procedures should run concurrently, not consecutively.
AUTHORITIES GRANTED TO PUBLIC AGENCIES:
* No New Powers. An agency must rely on its existing discretionary powers to mitigate or avoid
significant environmental effects.
* Authorities granted:
1. All public agencies are authorized to comment on other agencies’ environmental
documents
2. to require changes in a project to lessen or avoid sig. envtal effects, when feasible.
3. disapprove a project to avoid sig. effects.
4. approve a project with sig. effects if there is no feasible way to lessen or avoid the
significant effects and the project’s benefits outweigh these effects
5. impose fees on project applicants for CEQA implementations (Lead Agency only. The
Responsible Agencies and Trustee Agencies may charge permit application and review fees
pursuant to their own enabling authorities.
* Friends of Mammoth v. Board of Supervisors: 1) CEQA applies to private projects when
governmental discretion is needed. 2) CEQA should be interpreted to afford the fullest protection
of the environment within the reasonable scope of the statutory language.
ADMINISTRATION AND OVERSIGHT:
* two state agencies are responsible for CEQA administration and oversight - the Governor’s
Planning and Research (OPR) and the Resource Agency.
* OPR responsibilities:
* reviewing and recommending changes to the guidelines
* recommending categorical exemptions
* assisting and identifying Responsible agencies
* ensuring that RAs respond to Notices of Preparation (NOPs)
* Operating the State Clearinghouse (SCH)
* resolving Lead Agencies disputes
* public assistance program to help agencies implement CEQA ......
* RA responsibilities:
* formal rule making and adoption of the Guidelines (determinations of classes of projects
that will not have a significant effect - therefore be given categorical exemption)
* certifying state agency regulatory programs
* maintaining internet info on CEQA
* CEQA Guidelines: adopted by the RA, are the primary source of interpretation of CEQA.
* State Clearinghouse: established in 1973 within OPR as a single point of contact in state gov. to
receive and distribute envtal. documents prepared pursuant to NEPA and to coordinate the envtal.
review process under CEQA when state agencies are involved. SCH doesn’t review the
documents, but circulates them for review to those state agencies likely to be interested in the
projects and receives and transmits comments from those state agencies to the agencies
responsible for preparing the CEQA documents.
* CERES- California Environmental Resource Evaluation System, facilitates access to a variety
of electronic data describing CA environment.
* Each state and local agency must adopt CEQA implementation procedures that are consistent
with CEQA and the Guidelines. Implementing procedures should contain the provisions for:
* identifying activities that are exempt from CEQA
* conducting initial studies
* preparing Negative Declarations
* Consulting with other agencies
* ensuring adequate opportunities for public comment; evaluating and responding to
comments
* assigning responsibility for determining the adequacy of envtal. docs. ......
LEAD AGENCY: is the CA gov. agency that has the principal responsibility for carrying out or
approving a project and therefore the principal responsibility for preparing CEQA docs.
Responsible for deciding whether a Negative Declaration or an EIR will be required and for
determining the scope and content of that doc.; responsible for the preparation and adequacy of
the doc.; For public projects: a public agency is the Lead Agency for its own projects, even if the
project is located within the jurisdiction of another agency. For private projects, an agency with
general govtal. powers (city/county) prevails as the Lead Agency over an agency with single or
limited purpose
RESPONSIBLE AGENCY: an agency other than the Lead Agency that has a legal responsibility
for also carrying out or approving a project. Must actively participate in the Lead Agency’s
CEQA process, review the Lead Agency’s CEQA doc., and use that doc. when making a decision
based on the project. May take over lead agency’s role when a lead agency can not fullfil its duty
TRUSTEE AGENCY: have jurisdiction over certain resources held in trust for the people of CA
but do not have a legal authority over approving or carrying out the project (CA Dep. of Fish and
Game, the State Lands Commission, the CA Dep. of Parks and Recreation, and the University of
California). Required to be notified of the EIR in aspects that apply to their field.
AGENCIES WITH JURISDICTION BY LAW: every public agency that has jurisdiction by law
with respect to the project; each city or county that borders on a city or county within which the
project is located; and a state, federal, and local agencies that exercise authority over resources
that may be affected by the project.
PUBLIC PARTICIPATION: through scoping, public notice and public review of CEQA docs.,
and public hearings, and by requiring agencies to respond to public comments in Final EIR.