Environmental Assessment 1969 National Environmental Policy Act PL

Environmental Assessment 1969: National Environmental Policy Act [PL 91 -190, 42 USC 4321 et seq. ] 1970: California Environmental Quality Act of (Public Resources Code 21000 et seq. ) Adapted from a presentation presented by Denise O‘Connor at Caltrans for CE 190 1

Contents and Purpose • Requirement for public agencies to provide: – NEPA: Environmental Impact Statement (EIS) – CEQA: Environmental Impact Report • Purpose: To inform decision makers and public by fully disclosing impacts to the environment of proposed projects – Does not regulate (other laws do that) 2

CEQA Basics • California Environmental Quality Act of 1970 (Public Resources Code 21000 et seq. ) – written and amended by Legislature • CEQA Guidelines (CCR 15000 et seq. ) – regulations written and amended by Resources Agency periodically to reflect statutory amendments – Comprehensive revision adopted Oct 26, 1998 3

Goals • Identify the significant environmental effects of projects or actions by public agencies, and either: – Avoid those effects, when feasible, or – Mitigate those effects, when feasible (CEQA). • NEPA does not require mitigation 4

From the State Clearinghouse Handbook CEQA Process See separate handout for better clarity. 5

Project What is a “Project”? "Project" means an activity which may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is any of the following: 6

Project 1. An activity directly undertaken by any public agency. 2. An activity undertaken by a person which is supported, in whole or in part, through contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. 3. An activity that involves the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies. (PRC 21065) 7

CEQA Basics “Projects” require: • Discretionary approval that requires the exercise of judgment or deliberation on part of lead agency • Ministerial actions require little or no judgment by a public official and are not “projects” 8

From the State Clearinghouse Handbook CEQA Process 9

Exemptions Statutory exemption • Specifically exempt by a law • Examples: – Emergency repairs to maintain service [21080(b)(2)] – Repairs of damage by disasters – Seismic retrofit projects [21080(b)(3)] [21080(b)(4)] – Most passenger rail projects [21080(b)(10)] 10

Exemptions Categorical exemption – Examples: • Existing facilities • Replacement/ reconstruction • Minor alterations to land • Small structures 11

From the State Clearinghouse Handbook CEQA Process 12

Initial Study If project is not exempt, Public Agency informally consults with other agencies to explore possible effects Prepares Initial Study to: • identify environmental impacts and • determine if they are significant. • Environmental Checklist (lab exercise) 13

TYPES OF IMPACTS ALE 4 S SH FRE UCE D PRO Existing Setting 14

DIRECT EFFECTS 15

INDIRECT I can’t breathe!! What? ? 16

Cumulative Impacts Implementation of successive projects of the same type in the same place, over time may lead to cumulative significant impacts. • Examples: – Road system – Housing development 17

CUMULATIVE Loss of Farmland 18

CUMULATIVE Loss of Habitat 19

From the State Clearinghouse Handbook CEQA Process 20

From the State Clearinghouse Handbook 21

Agencies • Lead Agency (CEQA Guidelines Section 15367) — the public agency that has the principal responsibility for carrying out or approving a project. 22

Agencies • Responsible Agency (CEQA Guidelines Section 15381) — a public agency that proposes to carry out or approve a project, for which a Lead Agency is preparing an EIR or Negative Declaration. – For purposes of CEQA, the term “Responsible Agency” includes all public agencies other than the Lead Agency that have discretionary approval power over the project. 23

Results of Initial Study 1. No significant environmental effects Negative Declaration 2. Significant effects reduced below level of significance by mitigation incorporated into project before public review period- Mitigated Negative Declaration 3. Significant effects that cannot be mitigated - Environmental Impact Report 24

From the State Clearinghouse Handbook 25

EIR Process 1. Notice of Preparation to Responsible Agencies 2. Consultation with Responsible Agencies 3. Draft EIR 4. Notice of Completion & Public Notice of Availability of Draft EIR 26

EIR Process 5. Circulation of Draft EIR for public review (30 - 60 days normally) 6. May hold public hearing and/or meetings 7. Prepare Final EIR including responses to comments received by Responsible agencies and public 27

Findings Final EIR must make a “finding” on each significant environmental effect Possible findings: 1. Changes have been incorporated in the project to avoid or substantially lessen the identified significant environmental effect 2. The changes are within the jurisdiction of another agency and the changes have been or should be adopted by that other agency 3. Specific considerations which make infeasible the mitigation measures or alternative identified in the final EIR 28

From the State Clearinghouse Handbook 29

From the State Clearinghouse Handbook 30

Decision Laws guide agency actions • Examples: Clean Water Act, Clean Air Act, Resource Conservation and Recovery Act If laws are not violated, decision makers may make environmentally damaging decisions (CEQA requires mitigation 31

Effects on Practice of CE? 32

Effects on Practice of CE? • More time (and $$) needed to accomplish a project • More involvement by public and public agencies • Better projects – More comprehensive analysis – Environmental “dogs” are weeded out early 33