The Implications of CEQA: You Better Plan For It

Trevor Macenski

Director of Environmental Services FirstCarbon Solutions

Outline • What the CEQA are you talking about • Planning for CEQA • Stakeholders • Example Projects

CEQA

What the CEQA are you talking about?

Introduction to CEQA

• 1969: President Nixon signs National Environmental Policy Act (NEPA)

• 1970: Governor Reagan signs California Environmental Quality Act (CEQA)

• CEQA (the Statute): Established by Legislature

…and continuously modified by Legislature …and “interpreted” by the Courts

Who is “in charge” of CEQA?

Lead Agency CEQA is a “Self-executing Statute” meaning it is the Lead-Agency’s duty to determine what is and is not subject to CEQA, and to follow the process. Public can go through the legal process (suing) to challenge decisions

CEQA Key Players

Responsible Agencies

Environmental Consultants

Project Applicants

Trustee Agencies

Courts

Concerned Citizens

Agency W/ Jurisdiction

LEAD AGENCY

Trustee Agencies: 1) CDFG

2) SLC

3) Park & Rec

4) UC

Lead Agency: Principal responsibility carrying out or approving a project. (e.g. City or County)

Responsible Agency: Other than the lead agency that has legal responsibility for carrying out or approving a project. (e.g. Air District)

Planning for CEQA

Perfect planning often has not so perfect impacts….

CEQA and the Public CEQA is the bridge between the hard sciences and the public. Technical studies will need to cater to public understanding Often, site plans, engineering drawings will need to be simplified for CEQA purposes

Common CEQA Projects

Residential Commercial Transportation projects Water and energy infrastructure

Sample of Current Projects

Bridge Crossing- Calaveras County Utility Scale Solar- Merced County Specific Plan- Fremont Prison Expansion- San Diego Hollywood Central Park- Hollywood

Planning Related CEQA Projects

SOI Amendments Annexations Specific Plans General Plans Climate Action Plans Habitat Conservation Plans Regional Transportation Plans Anything with a “plan” after it…

CEQA and Planning

Master or Program EIR Environmental Constraints Analysis

Permitting Thresholds Appendix G Resources Significant Thresholds

Significant Unavoidable Impacts Air Quality - Construction Schedules Traffic Impacts- LOS

Checklist topics

Aesthetics Agriculture Air Quality (GHG) Biology Cultural Geology Hazards Hydrology

Land Use Minerals Noise Population/Housing Public Services/Utilities Recreation Transportation/traffic Urban decay

Appendix G Checklist Question Example

Biological Resources Would the project:

A) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Dept of Fish and Game or US Fish and Wildlife?

Stakeholders, Agencies, and Public Participation

Everyone has the right to be heard…

Scoping Process Required for EIR’s not for IS/MND’s Required when: 1) Roadway project 2) Statewide, regional, or areawide

significance If they comment you must address or

discuss why it wasn’t warranted. This must be supported by fact!

EIR Scoping Process During these 30 days, a scoping meeting

may be held to identify key environmental concerns and issues

Identify possible impacts Encourage inter-agency consultation Consult with recognized experts Involve public at an early stage of the

review process (though not required)

Public Comment Process IS/MND

30 Days EIR

45 Days

All comments have to be considered. Respond to those only commenting the EIR not the project.

Common CEQA Challenges

Challenging the Process not the Project

Noticing of hearings Comment periods

Document dump Late comment strategy Disagreement among experts Fair argument mine field

Common CEQA Challenges

Regulatory or Responsible agency choices not to comment during the NOP but then demands more analysis Unwarranted Data Requests Asserting that an EIR is warranted because of “controversy”.

Unique Projects

The good the bad and the impacts

Elk Grove SOI EIR

SOI Amendment South of City Almost exclusively AG. Adjacent to Wildlife Preserve Adjacent to Flood Zone South Sac HCP Incredibly Controversial

Concrete Batch Plant- Merced

Openly Non-Union Contractor Previous Project Challenged and Lost Out of State Consultant Hired to Challenge EIR Five hours of public comments County to prepare Focused EIR Health Risk Assessment

Cold Storage Facility

Large Amounts of Ammonia Commercial Trucking Operations Future Planned Residential Potential Explosion Hazards Fleet Standards and AQ Exposure

Warm Springs SP

Health Risk Assessment Exposure and Hazard Assessment Residential and Industrial Use Conflicts Transit Grants and Bart

Helpful Websites CEQA Statute and Guidelines http://ceres.ca.gov/ceqa/ Land Use Planning Information Network (LUPIN) http://ceres.ca.gov/planning/index.html California Association of Environmental

Professionals (AEP) http://www.califaep.org/

Questions?

Contact Information: Trevor Macenski

FirstCarbon Solutions-MBA 2000 “O” Street, Suite 200

Sacramento, CA 95811 916-447-1100

tmacenski@brandman.com