successful ceqa compliance - winter 2010 quarter
DESCRIPTION
UCLA Extension’s Public Policy Program brings together public officials, planners, attorneys, private sector representatives, community groups, and the research community to critically examine public policy issues confronting Southern California, the state, and the nation. Through conferences, seminars, and custom programs, you can explore public policy analyses, perspectives, and strategies. Here, you’ll find presentations about changing laws, policies, practices, and tools in urban planning, land use, economic development, the environment, public infrastructure finance, and transportation. For more information: Call (310) 825-7885 or visit the website.TRANSCRIPT
ICF Proprietary and Confidential – Do Not Copy, Distribute, or Disclose
Successful CEQA Compliance:
A Step-By-Step Approach
UCLA Extension
February 25-26, 2010
Presented by:
Ron Bass
Senior Regulatory Specialist
ICF International
Jonathan Riker
Environmental Counsel/Project Manager
ICF International
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2
BACKGROUND AND
IMPLEMENTATION OF CEQA
Section 1.
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3
What Is CEQA?
CEQA is the ―California Environmental Quality Act‖
CEQA was the first state law modeled after NEPA – and California is
one of only 16 states with a ―Little NEPA‖
CEQA introduced the concept of environmental impact assessment to
state and local planning in California
CEQA is the backbone of environmental policy in California
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4
States with Environmental
Impact Assessment Laws
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5
Why Was CEQA Necessary?
Project‘s environmental factors rarely considered
Little public notification about projects
Public comments sometimes ignored
No interagency coordination
Decisions made ―behind closed doors‖ with no explanations
Limited opportunity for judicial enforcement
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6
CEQA’s History
Enacted in 1970
Based on The Environmental Bill of Rights
Modeled after federal NEPA
Implementation expanded by Friends of Mammoth v. Board of
Supervisors of Mono County (1972) 8 Cal. 3rd 247
Important amendments every few years – but the basic framework has
remained the same
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7
Objectives of CEQA
Disclose to decision makers
and the public significant
environmental effects of
proposed activities
Identify ways to avoid or reduce
environmental damage
Prevent environmental damage
by requiring implementation of
feasible alternatives or
mitigation measures
Disclose the public reasons for
agency approval of projects with
significant environmental effects
Foster interagency coordination
in review of projects
Enhance public participation in
planning process
CEQA Guidelines Sec. 15002
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8
Policies Encouraging Protection of the
Environment
Maintaining quality environment is of statewide concern
There is a need to understand relationship between ecological systems and general welfare of the people
Government agencies should identify critical thresholds for health and safety of the people and prevent those thresholds from being reached
Every citizen has responsibility to preserve and enhance the environment
Public and private interests must make systematic and concerted efforts to enhance environmental quality and control pollution
CEQA secs. 21000-21001
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9
Policies Encouraging Protection of the
Environment (Cont.)
Government agencies must give major consideration to preventing
environmental damage
Take all actions necessary to protect, rehabilitate, and enhance the
environmental quality of the state
Take all actions necessary to provide people with clean air and water
and enjoyment of aesthetic, natural, scenic, and historic qualities
Prevent elimination of fish and wildlife species by ensuring their
populations do not drop below self-perpetuating levels
CEQA secs. 21000-21001
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10
Policies Encouraging Protection of the
Environment (Cont.)
Ensure that long-term protection of environment guides public decision
making
Create conditions under which man and nature exist in harmony
Require governmental agencies to develop standards to protect
environmental quality
Require governmental agencies to consider qualitative, economic, and
technical factors; long- and short-term benefits and costs; and
alternatives to proposed actions
CEQA secs. 21000-21001
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11
Policies Encouraging Efficient
and Streamlined Implementation
One Project, One Document
– Lead agency prepares document used by all agencies
Begin review before project approval or land purchase
Integrate CEQA with other planning and environmental laws to
encourage concurrent review and processing
Organize and write environmental documents to make them useful to
decision makers and public
Omit unnecessary project descriptions from EIRs and emphasize
feasible alternatives and mitigation measures
―Tier‖ review of later activities upon earlier EIR or Negative Declaration
CEQA sec. 21003
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12
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13
Procedural Requirements to
Accomplish CEQA’s Objectives
Disclose environmental
impacts
• Initial studies
• Negative Declarations
• Environmental impact
reports
Identify and prevent
environmental damage
• Mitigation measures
• Alternatives
• Mitigation monitoring
Disclose agency
decision making
• Findings
• Statements of
overriding consideration
Foster intergovernmental
coordination
• Early consultation
• Scoping meetings
• Notice of Preparation
• State Clearinghouse review
Enhance public
participation
• Scoping
• Public notice requirement
• Availability of documents
• Response to comments
• Citizen access to courts
• Legal enforcement procedures
Thank you for viewing our presentation of Successful CEQA Compliance
If you are interested in this seminar, the next offering will be held on Thursday and Friday, December 9-10, 2010
REG# V8600 | $495 ($520 after 11/25) | 866 Law | 1.2 CEU 12 hrs of CM credit for AICP certified planners | 12 hrs of MCLE credit
Location: UCLA Extension Downtown Los Angeles Figueroa Courtyard 107 | 261 S. Figueroa St.
Enroll: Call (310) 825 - 9971 or go to www.uclaextension.edu
Phone: (310) 825-7885 | Website: www.uclaextension.edu/publicpolicyBlog: www.uclaextensionppp.wordpress.com | Twitter: www.twitter.com/unexpubpol
Address: UCLA Extension Public Policy Program, 10995 Le Conte Avenue, Suite 413, Los Angeles, CA 90024