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HomeMy WebLinkAbout1975-04-15; City Council; 3348; Exhibit- Amendment of CMC Environmental Protection Ordinance of 1972i le Vol. 1 No. 2$ December -0, 1974 C.A6 3E:Z i F i I x MOMqI 03E:Z 0 r4 Ronald Reagan Governor State of California Norman B. Livermore, Jr. Secretary for Resources The Resources Agency I TABLE OF CONTENTS PROPOSED AMENDMENTS TO GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOTICES OF COMPLETION NOTICES OF DETERMINATION ORDER FORM Page 1 30 43 Last Page Due to computer problems, the print-out from the State Clearinghouse was not available for inclusion in this issue. NORMAN B. LIVERMORE, JR. SECRETARY D.,w1 Mr of C....110 M O.Nrrn.n, of Fl.h .nd Goble O.Dar•in.nr of We iq.UM .nd OaM 0eo on, Oq.awtenr 1 P : el arA..nd R.ewulen DgvrTOM of We., Re.owcn RONALD REAGAN GOVERNOR OF CALIFORNIA THE RESOURCES AGENCY OF CALIFORNIA SACRAMENTO, CALIFORNIA December 26, 1974 TO WHOM IT MAY CONCERN: Off ICE OF THE SECRETARY ieSOURCES BUILDING 1116 NINTH STREET 95114 A., R..e� , Road (refe..J, R—, R+ad fM F-4.C. ,+.. •— ......... ..d O.wiopr)A ferom.non jlet. 6Md. Con.ro.f.�On Aor. R•cle+ror.M Beerd R." Bof•, R....... CO-01 8oud •gwnel to, 0"fil, Convol Beerd. Attached for your information is a copy of the adopted Amendments to the State Guidelines dealing with environmental impact reports. The Amendments were adopted as emergency regulations and will go into effect on January 7, 1975. The attached copy contains only the sections that are being added, amended, or repealed. The most significant amendment requires draft environmental impact reports completed on and after January 7, 1975, to contain a dis- cussion of energy conservation in the mitigation measures proposed for the project. Draft EIR's which are completed and sent out for public review on/or before January 6, 1975, will not need to contain this discussion. Examples of energy conservation measures are con- tained in new Appendix F. Due to the work which cities must perform during the next two months in preparing environmental impact reports on applications for grants under the Federal Housing and Community Development Act, the Secretary for Resources has decided to allow all public agencies 90 days to bring their implementing procedures into conformity with the amended Guidelines. The implementing procedures must be brought into conformity with the Guidelines by April 1, 1975, but the energy con- servation requirements must be complied with as of January 7, 1975. The Amendments also contain many technical changes. Some of the changes which were proposed earlier have been altered as a result of comments received at the hearings. Additional copies of the Amendments to the Guidelines will be avail- able from the Department of General Services, Documents Section, P.O. Box 20191, Sacramento, California 95820, by the middle of February. Respectfully, / Secretary for Resources Attachment ;02 PROPOSED AMENDMENTS TO GUIDELINES FOR IMPLEMENTATION OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT 1. Section 15001 is added to read: 15001. Short Title. These Guidelines may be cited as s 1e" "StateEIR Guidelines." 2. Section 15005 is amended to read: 15005. purpose. The purpose of these Guidelines is to pro de public agencies with principles, objectives, i criteria, and definitions of statewide application �j to be used in the implementation of the California Environmental Quality Act of 1970, Public Resources Code Sections 21000 et �ssegg.� 21174 ae amended by Ghaptei+ la54 e€ the e€ 1972 4A$-9994, fkjblic ageeeiee shall adept-ebdeetivesT eFlteria, anel preeedaree €er the epdeply evalttatleR e€ predeets and the ppeparatjen e€ environmental deeRmentav Sueh ppeeedareeT ebdeetiveey and epitewAa ehala he eeeeAstext-with GEQA and these guidealeeev These Guidelines are binding on all public agencies. 3. Section 15014 is amended to read: 15014. Applicability -(a) These Guidelines have only general ap�pl�cation to the diversity of projects undertaken \ or approved by pub'.ic agencies. They provide V ic principles, objectives, criteria and definitions which individual public agencies shall adapt for internal use, interpreting these Guidelines in terms of specific projects. Te implement these ppinelples, ehdee4ivesy eplteplaT and 40CIA1419ReT pata#e agenelee shall epeei€y PFeeeduPee to to €ellewed which maet he eeeeietent with GEQA and these GRIdealnee, (b) Until April. 1, lo' Feb, a5T �974T the any objectives, criteria, and procedures adopted by public agencies in compliance with CEQA and these -, Guidelines may continue to govern the evaluation of projects and the preparation of environmental documents impaet rePOFte without being brought into confonnity{. w Ze amendments to these Guidelines adopted by the Secretary for Resources in December,1974. However the amendment to Section 15143 c dealin with mi'"�on measures must�e com lie w effective ve Januar .s. re ar esa-oiwhether i s rovisions ave een ncludea e roce uresbein usrea a pu 1lc a enc ��5 ��-a����r'oaad�res e- sere - $".de3nifte-e- 4De fQx— 4. Section 15022 is amended :iyto read: �5022. CEQAT- California Environmental Qualit Act•means CE Cali v C_�fornia Public Re ourcesaCode Sectionss221000 et seq. tk3?etigh' 2--74? 5. Section 15027 is amended to read: 15027. EIR - Environmental Im act Re ort. Environmental Impact Repor��'2�j means a e a led statement setting forth the environmental effects and con- siderations pertaining to a project as specified in Section 21100 of the California Environmental Quality Act,. and ma,X mean either a draft or a final EIR. (a) Draft EIR means an EIR containing the infor- mation specified in Sections 15141, 15142, and 15143 of these Guidelines. Where a Lead Agency consults with Responsible A e_ g_ cies ^ine preparation of a draft EIRj the draTE EIR shall also contain the information specified n Sect on 15� - (b) Final EIR means an EIR containing the infor- mation contained in the draft E�I_R_z epeelfled # 8ee eye �7 a +2 �4dT at�d -15-144 e€ 4hese GuAdellAesT a s�rkioza s" comments either verbatim or in summary received in the rev ew ee �e process, a list of ersons commenting,_ and the response of�Fi� lea Agency to the comments received. The final EIR is discussed in .detail in Section 15146. 6. Section 15028 is amended to read: 15028. EIS - Environmental Im act Statement. Environmental \`NPact S�a�emen EIS means a-7ronmental impact V document *,epeFt prepared pursuant to the National Env ronmental Policy Act (NEPA). The Federal Government uses the term EIS in the place of the term EIR which is used in CEQA. 7. Section 15029.6 is added to read: 15029.6 Jurisdiction by Lnw. .(a). Jurisdiction by law means the authority of any public agency to grant a permit for or provide funding for the project in question, or 2 to exer- cise authority over resources which may a affected by the project. (b) A city or county will have jurisdiction by :caw with n e c y or coup s e site of the projec•- he area n /_� LL.. .. n i• e those Where an agency having jurisdiction by law must exercise discretionary authority over a project in order for the project to proceed, it is also a responsible agency, see Section 15039, or the bead Agency, see Section 15030. 8. Section 15034 is amended to read: 15034. Notice of Completion. Notice of Completion means, ` a 5r�ef no ce �epe� filed with the Secretary for Resources ae seen as a lead agency as soon as it has completed a draft EIR and 1s pre paredno send out copies for review. The contents of this notice are explained in Section 15085 (a). A copy of this notice appears in Appendix C.- 9. Section 15035 is amended to read: 15035. Notice of Determination. Notice of Determination means a' Sr e no •ice to be filed by a public agency after when it approves or determines to carry out a project which is subject to the requirements of CEQA. The contents of this notice Pepept are ex laired in Sections 1 083 d and 1 0 . Beet&ea 15985{g3, A coof this notice appears n Appendix D. --- - 9.5 Section 15035.5 is amended to read: 15035.5• Notice of Exemption. Notice of exemption means a 'brief notice w c may be filed by a public agency when it has approved or determined to carry out a project, and it has determined that it is ministerial, categorically exempt or an emergency project. Such a notice may also be filed by an appli- cant where such a determination has been made by a public agency, which must approve the project. The contents of this notice are explained in Sec. 15074(a) and (b). A co of this notice appears in Appendix E. 10. Section 15037 is amended to read: 15037. Pro ect. (a) Project means the whole of an action, which has a no. i r Fee�tlt#ng in physical mpac on the env roken •, directly or ultimately, that is any of the following: undertaken by any (1) an activity directlyund public agency including but not limited to public works constructlonra and related g of and, activities, clearing or g ublic structures, improvements to existing p enactment and amendment of zoning ordinances, and the adoption and amen_e6e___dment of local neral Plans or eGovernment Codentsereof Pursuant to )05 1 (2) an activity undertaken by a person which is supported in whole or in part through public agency contracts, grants, subsidies, loans, or other forms of assistance from one or more public agencies. (3) an activity involving the issuance to a person of a lease, permit, license, certl,- ficate, or other entitlement for use by one or more public agencies. i )us (b) Project does not include: (1) Anything specifically exempted by state law. (2) i>r)posals for legislation to be enacted by the State Legislature other than requests py state agenciesfr auM_riza- y TU-n oorfu_ndnfosindependentl rom TEN Act. (3) Continuing admJ=s rative or maintenance activities, such as purchases for supplies, personnel -related actions, emergency repairs to public service facilities, general policy and procedure making (except as they are a plied to specific instances covered above, feasibility or planning studies. (4) The submittal of proposals to a vote of the people of the State or of a particular community. (c) The term "project" refers to the underlying activity and not to the governmental approval process. 11. Section 15050 is amended to read: 15050. Public Agency Implementation. (a) Each public agency is �jq�b a ageRe ee are responsible-3`or com Ying theme CEQA and aeeerd#ag to these Guidelines. Each uric a��e�nIn- must develop its tie#� own procedures consis- eff with these Guideline's. €er-the-a�egtzaey-sad-s��ee�#v#�y-a€-�1�e-£ART (b) Where a public agency is a Lead Agency and Q1. . eon rae s lor triEpreparation re sible entirely or the adequacy ana oo1e2ziv_Lu (c) Public agencies shall adopt objectives, criteria, -'— an sec . c roce ures cons Mn on and these Guidelines for the orderly eva ua �_ of protects and the preparation of environmental documents. These implementing procedures shoula contain at least the ollowing prov s ons: )0 7 Procedures for identifyingidentirying the activities a are exemp _ fro-F-MCD77 These proce ures should can •a n• Provisions for evaluating a proposed act v o determine if there is no ossi sty that the activit ma have asi rican a ec on : e env ronment. iL31 !� list of pro jects over which the ublic agency -hap oni. m n s eriai au hority. iLA list _of specific activities which the u c agency has oun o e ca a or call exe p't purer o Sec on 1 (21 for the conduct of initial s ud es. (3) Provisions for the preparation of Negative Lieciarationso (41 Provisions for the preparation of LIR's_ Provisions for consulting with and obtainingcomments .rom o er pu is th reeardes and to themenvironmentar e heccswor projects. .(6) Provisions assuringadequate -Opportunity Mrila common anci ve an a ra ar ega Declaration. Provisions for evaluatin and res ondin o comments I ve on env ronmen al ocur.men S. Provisions for the review and consideration or environmeh-tai aocuments STER or c s on-m c ng o y who will appro,re or _�Npro e o ec . ( g) Provisions for filing documents required o au V To-r I ze y . a these u e nes• (10) Provisions to ensure that lead agencies o n qu common s on environmental ocur n s w c ey su m o e pu c 11 The assi nment of res onsibilit for s ecific unc ons to specs is units of the public agency. 12. Section 15052 is amended to read: Ageaey* The Gu1de- i5052, The Secretary for e€ �Yie Resources. the Secretary lines shall be oi`ficiallyadopied lying a finding for of the Resourcesj_ Agea fiat each class of projects given a Categorical Exemption will not have a significant effect on the environment. The Secretary He also has the responsi- bility for aonsO i a ng a 1 state comments on federally sponsored projects. The secretary for of eResources Ageaey. may issue amendments sups lem Guidelines_7 eeeta a ag a�+eadmeiite and/er add"Ienal 13. Section 15053 is amended to read: 15053. Fees. (a) All Lead A encies lead-agene#es preparing EIR's or N-e-g-a-tIve Declarations for projects to be carried out by any person other than the Lead A ene. lead ageney itself may charge and collec a reasonable fee from such person or entity, in order to recover the estimated costs incurred in preparing the EIR or Nega- tive Declaration. (b) Public agencies may charge and collect a reasonable fee from members of the public am e Le ua eest e€ poplaedxejklig a c.,opY of environmental document not to exceed the ace cost of re roducin a co requ"e�ed yy rne�e�-e£ ke pKb #ems 14. Section 15060 is amended to read: 15060. General Rule. The requirements set forth in these Guidelines aapply to projects which may have a signi- ficant effect on the environment and which involve discretionary governmental action. Where i.t can be seen with certainty that there is no Dossibilit that the activity in ues on ma a ae av Y q�Aee% ea w ae Piave a s gn cant effect on the environment, the activity is not covered by the requirements set forth in CEQA, and these Guidelines concerning the evaluation of projects and the prepara- tion and review of environmental documents ImPaet reports do not apply. 15. Section 15061 (a) is amended to read: (a) When a public agency plans to carry out or approve a project which may have a significant effect on the environment, the Lead Agency -lead ageaey shall prepare environmental-- documents through its own efforts or by contract unless the project is otherwise exempted by these Guidelines. i 109 16. Section 15061 (b) is amended to read: (b) Where a project which may have a significant effect on the environment is to be carried out by a non -governmental person subject to approval, financial support, or some other involvement by a public agency, the Lead A enc lead age�ey will prepare environmentaldocumen s by Its own efforts or by contract. However, the Lead Agency ageney may require the person to supply da a an information, both to determine whether the project may have a significant effect on the environment, and to assist in the preparation of an EIR by the agency. This information may be submitted in the form of a draft EIR, if the agency desires. If information is provided in the form of a draft EIR, the Lead Ageennc-lead ageaey may not use the draft - as 3�s own without independent evaluation and analysis. The draft EIR which is sPnt out for public review must reflect the independent judgment of the Lead Agency -lead agency. The Lead Agency lead ageftey -should require an app icant to specify to the best of his know led onwhich other pe�hptp- wris dio� Law a��paaR#e�ver the t• 17. Section 5063 is amended to read: 15o63. Federal Pro ects. (a) In regard to any proposed federal project in this state which may have a significant effect on the environment and on which the state officially comments, the state officials responsible for such comments shall include in their comments a discussion of an £-lR ee#44mg £epth the ma ers speciiTied in Section 15143 of these Guidelines. (b) In cases where these Guidelines requirelthe ageaey and an preparation of an EIR by a Agency _�. EIS has been or will be prepared for the same project pursuant to the requirements of the National Environmental Policy Act of 1969 and implementing regulations thereto, all oriany lieu part of such statement may be of all or any part of an EIR required by these Guidelines, provided that the EJs'hothehe parrements thereof so used, shall comply with of these Guidelines. In meet cases where the federal EIS is used, discussion of mitigation measures and growth inducing impact will have to be added or supplemented if the EIS does not include an ade uate discussion of tl;ese eleR nts.:geeatiee Wiese a emen a are rega e s a ne't by the Na%#eaal a�# ea ea al Vel#ey Aekv 18. Section 15065 (d) is amended to read: (d) Where the provisions of subsections (a), (b), and (c) leave two or more public agencies with an equal claim to be the Lead LSency lead agemeY, the public agencies may by agreement designate which agency will be the Lead A enc lead ageMY. 18.5. Section 15066 is amended to read: 15066. consultation with RespensAble fl eg nele6. When more than one public agency will be involved in under- taking or approving a project, the Lead Agency shall consult with all responsible agencies (i.e., all the other public agencie, involved in carrying out or approving the project.) before completing a draft EIR or Negative Declaration. This early consultation is designed to insure that the EIR or Negative Declaration will reflect the concerns of all responsible agencies which will issue approvals for the project. After completing the draft EIR or Negative Declaration, the Lead Agency shall also consult with and seek to obtain comments from other public agencies having jurisdiction by law and should, consult with persons having special expertise as des- cribed in Sections 15083 and 15085. 19. Section 15o68 is amended to read: 15068. Use of a Single _e E EIR. The Lead A.enc -lead agensY may employ singlIR to escr a more than one project, if such projects are essentially the same in terms of environmental impact. Further, the Lead Agency lead ageaey may use an earlier EIR prepared in connection with an earlier project to apply to a later project, if the circumstances of the projects are essentially the same. Lead Agencies may elect to write EIR's in advance for entire programs or regulations, in order to be prepared for project applications to come. Whenever an agency chooses to utilize any of these alternatives, however, it must find that the environmental effects of the projects are similar enough to warrant the same treatment in an EIR and that the EIR will adequately cover the impacts of any single project. If these tests -,re not met, an agency should supplement amend the EIR it prepares for a program to apply it to an individual project. with unusual ekapaetepistiee, Al 19.5. Section 15070 (c) is amended to read: (c) Any draft EIR which has been completed and sent out for ublic review eern��e eei-a�-sue-wl I..... e��ata�t ai-wark-his- eea-�e� e�ate� on or before 3anuar Ez 1_975 Fe��aa '�''}57 a9g4.y in compliance with procedures or a -public agency con- csistent with CEBA and these Guidelines as adopted in December 1 eR_FebPtiaFy-3r-}973T shall be deemed -To be n comp ance with these Guidelines. No further EIR shall be required except as provided in Subsectbns (a) and (b). 20. Section 15073 is amended to read: 15073. Ministerial Projects. Ministerial projects are exempt rrom a requirements of CEQA, and no environ- mental documents are EIR Is required. The de ear m na on of what s "ministerial" can most appro- priately be made by the particular public agency involved based upon its analysis of its own laws, and #t is a1qt-Js-Jpa4Qd tkgat each public agency should will make such determination either as a part of its pTe- menting regulations or on a case -by -case basis. It is further anticipated that the following actions will, in most cases, be ministerial in nature. (a) Issuance of building permits. (b) Issuance of business licenses. (c) Approval of final subdivision maps. (d) Approval of individual utility service connec- tions and dipconnections. In the absence of any discretionary provision contained in local ordinance, it shall be presumed that these four actions are ministerial. Each public agency may, in its implementing regulations or ordinances, provide an identification or itemi- zation of its projects and actions which are deemed ministerial under the applicable laws and ordinances. 21. a AA Section 15080 is amended to read: Initial study. If a the pr'oj ect is not exem ted th TH—ese Guidelines from the requirements oT-*CEQA, Lead Agency �e8e6eete9ha�— Ieta ea er a Gategerlea E e p iar� and there #s a peselbl}ity that the prejeet may have -a eiga#€#east effee4 ea the enVAv6afeat�o hetlead-agermine ifetheshould conduct an initial study oject may have a significant effect omay h ntheenvave environment. If any of the effects of a project ial adverse impact on the environment, regardless of whether the overall effect of the project is adverse or beneficial, prepareden an environmental impact wherediscretionary governmental mustbeprepaed action is involved. 15080. If the project is to be carried out by a nongovern- mental person, the Lead Ag2ncZ lead ageaey may require such person-f-06-t-lb-mit data an Information which will enable the agency ta deter- mination. 22. Section 15083 (a) is amended to read: a A Negative Declaration 15083. Negative Declaration. (a) s alp a prep— ared`�'or a project which could potentially have a significant effect on the environment, but which the Lead Agency dead-ageaey finds on the basis of an Initial Study not have a significant effect on the environment. Before com letin.F, a Negative Declaration, the Lead A enc shal con___sul�,w hall responsible a6enciesupurs ant�o Section 150b�i. 22.5. Section 15083(d) is amended to read: (d) After making a decision to carry out or approve the project, the Lead Agency lead-ageaey shall file a Notice of Determination with a copy of the Negative Declaration attached. The Notice of Determination shall include the decision of the agency to approve or disapprove the project, the determination of the agency whether the project will have a significant effect on the environment, and a statement that no EIR has been prepared pursuant to the provisions of CEQA . (1) If thethe Not oedoA Decerminationashall bestate filedawithy, the Secretary fqr Resources. (2) If the Lead Agency dead-ageaey is a local agency; the NotTc—eof Determination shall be filed with the county clerk of the county or counties in which the project will be located. If the project requires discretionary_a rovals from a state a ency, the No ice of De ermination a so s a a e w a Secretary or Resources. 23. Section 15085 is amended to read: i i 15085. EIR Process. The following steps shall be followed after the Lead Agency -lead-ageney decides to prepare an EIR: (a) Preparation of EIR. If the project is to be carried out by a nongovern- mental person, the Lead Agency lead -agency may require such person to submit data and information necessary to enable the Lead Agency lead-ageRey to prepare the EIR. This Inrormation may be trans- mitted in the form of a draft EIR. The draft EIR which is sent out for public review must reflect the independent judgment of the Lead Agency lead-ageaey. Use of a draft EIR submitted by an applicant is discussed in Section 15061 (b). 14 (b) Early Consultation. The content of an EIR is described in Article 9 of these Guidelines. Each element of an EIR must be covered, and these elements should be separated into distinct selections. Before completing a draft EIR consisting of the information specified in Section 15141, 15142, and 15143 of these Guide- lines, the Lead Allency shall consult with all Responsible Agencies pursuant to Section 15066. In addition, the Lead A92ncy at this op int should also lead ageRey sheald consult directly with any person or organization it believes will be concerned with the environmental effects of the project. Many public agencies have found that early consulta- tion solves many potential problems that would arise in more serious form later in the review process. After eompleting-a draft SIRT the lead . ageney-must eensalt with; and-ebtain the eemmenr-s e€- any publie ageney whieh has 3axisdletien by law with respeet be the pregeet and may eensalt with any person wbe has speeiai-expertise with respeet to any environmental impaet inveived- eppertunity fer elmments frem tha general pubiie should be provided- (c) Notice of Completion. As soon as the draft EIR is completed, a notice of completion bat befere eepies are seat-eab fer review; an e` zeaal netiee stating that the dra€t HER -leas been eempieted must be filed with the Secretary for the Resources Agency. The nnottice shall include osed a brief description of the prof location, and an address where copies cf the EIR are available., and the period during which comments will be received. Thia Retlee eh&ii be repe red �e as a Natkee e€ eemplet*en- A form for this notice is provided in the Appendices. The Notice of Completion will provide the basis for information published by the Secretary for Resources in an EIR Monitor. Where the EIR will be reviewed through the state review process handled by the State Clearinghouse, the cover form required the State Clearinghouse a Ptebiee e€ €RheRb will He eempieted and filed with the State EieariRghease- The Netiee of intent will serve as tine Notice of Completion, and no Notice of Completion need be sent to the Resources Agency. A €erm fer the Netiee of intent is shewa in Appendix B- 15 (d) Public Review. i After com letin a draft EIR the Lead Aaencv shall consult with an obtain dlction by law with res eato e pro ec an should consult with persons having_specl 1 expertise wit res ec o an environmental impact involve 0 or un or comments from the general OUD11c s ou a prov e . (1) Public agencies should use existing state, regional, or local c ear n Douses to distribute EIR s and o er• env ronmental documents to appronc es._ 2 To make co es -of EIR's available to the ub ±c Lead A encies should furnish, comes of dra Res to a`ppro- priate public library sys ems. � ) Public agencies should compile _listings of other a encies, particulars local a encies, which have jurisdic ion law an or s ecial ex ertise with rci;pec o various ro ects an project locations. &.)UUEI L.LOOUings should e a guide In de erm n n w e a encies should e consu t a w regard to a particular projec . L4) Public hearing�s ma ybe �conducted on the environmental documents, e ' er n separate proceedings or n con incr,on w o her proceedings o e pub agency. (e).,4A4 Evaluatlon by Lead A enc The Lead Agency lead ageney shall evaluate comme-nns received from persons who reviewed the draft EIR. 4e3 Preparation of Final EIR. The Lead AgencyAgeacy lead ageney shall prepare a fina=R. The contents of a final EIR are specified in Section 15146 of these Guidelines. 116 {€} Certification of Final EIR. The final EIR shall bodybofptheeLead A encnted to e. decision -making eRey least ageaey, The Lead A nac EIRhas shall certify that 1e and the completed in compliance with CEQA state guidelines and that the decision -making body or aauthorityfoverthe aaving project final approvals has reviewed in the cons Bred the information contained 4g4 Notice of Determination. After making a decision on the project, the Lead A enc lead-ageaey shall file a notice ems.- ae #ea tauten ens the pre feet : Thle net#te $hall be referred to ee a Notice of Deter- mination. Such notice shall include (1) the decision of the agency (2)toh�pprove or ination disapprove the project, of the agency whether the project will or will not have a significant effect on the environment, and (3) a statement that an EIR has been prepared pursuant to the provisions of CEQA. (1) If the Lead A engylead Notice aof Deter9efteY is - state state agency, mination shall be filed with the Secretary for Resources. (2) If the Lead Agency lead ageaey is a local agency, the Notice of Deter- mination shall be filed with the county clerk of the county or of counties in which the projecf would be located. If the project requires discretionary appro ro o cesTaGe a also be f led wfth Me Seeretarw for Resource§,_ {h} Fi i ,g, of Final EIR. If the Lead A enc lead ageaey is a state agency, a copy Of the final EIR shall be filed with the appropriate planning agency of any city, county, or city and county which will be affected by the project. Use of Final EIR by Responsible Agencies. ka esponsible agency shall consider the gency s final EIR befoxe act�ri 'u on or in the ro ec ursuant o Section 17 23.5 Section.15086 is amended to read: 15086. EIR Combined with Existing Planning and Review Process. pe the extent gesslble7 the The EIR process should be combined with the existing planning, review, and project approval process being used by each _ublic agency jpeepeRe4.ble-agemey. The Lead Agency lead ageney shall include the EIR as a part of the regular project report which where seeh a repent is used in the existing review and budgetary process. 23.6 Section 15087 is amended to read: 15087. Additional Notices. In their implementing procedures, public agencies may provide for the filing of notices in addition to the notices required or authorized by these Guidelines. Additional netleea May tnelede the-determinaelen-that a pre�eet is eategerleally exempt,- that a prejeet is eeaered-by the emergeney exeMptlen; er that an eetivlty-is net eevered by the aet at all.- 6eeh netiee sheald-lnelade referenee to the deeumentatlen en whleh the determinatten is based- 24. Section 15100 is amended to read: 15100. Cate orical Exem tions. Section 21084 of the Public esources o e requ=res these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provi- sions of the Environmental quality Act of 1970. In response to that mandate, the Secretary for Resources has found that the following classes of projects listed in this article do not have a signifi- cant effect on the environmentland they are declared to be categorically exempt from the requirement for the preparation of environmental documents an EAR: 25. Section 1500.1 is added to read: 15100.1. Relation to Ministerial Proiecps. Section 21080 of the Public Resources Code exempts from the appli- cation of CEQA those projects over which public agencies exercise only ministerial authority. Since ministerial projects are exempt under Section 15073 of these Guidelines, Categorical Exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. The inclusion of activities which may be ministerial within the classes and examples contained in this article shall not be construed as a finding by the Secretary for Resources that such an activity is discretionary. 26. Section 15100.2 is added to read: 15100.2.Exceons• an on_ Class 3, w, 5, 6, and 11 are qualified by by consideration of where the project is to be located --a project that is ordinarily insigni- ficant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated,cially adopted precisely mapped, and pursuant to law by federal, state or local agencies. Clunulative impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant -- for example, annual assadditions to an existing building under 27. Section 15100.3 is added to read: 15100.3.Revisions to List of Cate_ rg_ icalr uestiohat aAnew pu c agency may, many-3 class of Categorical Exemptions be added, or an existing one amended or deleted. This request must be made in writing to the Office of Planning and Research and shall contain detailed information to tsshalrtbthe request. The granting such amendment to these guidelines. 4 n t -W 28. Section 15100.4 is added to read: 15100 A.AARpl�ica�taon by Public Agencies. Each public agency s- aI� in th course o es a ishing its own procedures, list those specific activities which fall within each of the exempt classes, subject to the qualification that these lists must be consistent with both the letter and the intent expressed in the classes. Public agencies may omit from their implementing procedures classes and examples that do not apply to their acti- vities, but they may not require EIR's for projec'.s described in the classes and examples in this article except under the provisions of Section 15100.2. 28.5 Section 15101(c) is amended to read: (c) Existing highways and streets,_4wibkin already esbabli"ed *igkte of ways sidewalks, gutters, bicycle and pedestrian trails, and similar facilities; 29. Section 15112 is amended to read: 15112. Class 12. Surplus Government Pry Sales. Class consists o sales o surp us governmentproperty except for parcels of land located in an area of statewide interest or potential area of critical concern as identified in the Governor's Environmental Goals and Policy Report repared pursuant to Government Code Sections a seg. of 3aiae 17 a9�3+ 30. Section 15113 is repealed. 31. Section 15113 is added to read: Class 13. Ae uisition of Lands for Wildlife Conser- vatLon PPu_r_p_ose�s. C ass�3 cons o ie acqu�i on o ands for fish and wildlife conservation purposes, including preservation of fish and wildlife habitat, establishing ecological reserves under Fish and Game Code Section 1580, and preserving access to public isnds and to preserverthehere landthe in itspose of naturalthe conditacquisition ion 32. Section 15114 is repealed. 33. Section 15114 is added to read: Class 14. Minor Additions to Schools. Class 14 concOnsis s of'fnor a_M ons�o e sling schools within existing school grounds where the addition does not increase original student capacity by more than 25% or five classrooms, whichever is less. The addition of portable classrooms is included in this exemption. 15114. 34. Section 15115 is repealed. 35• Section 15116 is repealed. 36. tow Section 15143 is amended to read: Environmental Impact• All phases of a project must ie cons ere wFen evaluating its impact on the environment: Planning, acquisition, development and operation. The following subjects shall be dis- cussed, preferably in separate sections paragraphs. Tf they are not discussed sepahE ratelY the EIR spall 15143• project ation to on the envai,mull L-) e) _--term effects. both the short-term and long - it should include specifso %.,,he Brea, the ions resources involved, physical to ecological systems and changes induced in population distribution, population concentra- tion, the human use of the land (including commeri cial and residential development) and other aspects of the resource base such as water, scenic quality and public services. (b) !"InlY Adverse Environmental Effects When Cannot Be Avo e e roposa s DescrlDe any a verse mpac s, nc uding hose which can be reduced to an insignificant level but not eliminated. Where there are impacts that cannot be alleviated without imposing an alternative design, their implicatins and the not - reasons why the project is being proposed, withstanding their effect, should be described. Describe Re net hegleet impacts on any aes a cally valuable surroundings: or on human health. (c) Mitigation Measures Proposed to Minimize the Impact: Describe avoidable adverse impacts, includin ne c en an unnecessar consump_on o energy,, n7A- the measures aroposed o m�nimiLe si'�o ierpanra� a ti 1s well as ozner s all be discussed. Examples o ener conserva on mea-' surer are prov e n Appen x F. Deaer e-ae� Rk ga en-measure e-wrlss("?R1_ re onF-prejeet Oiaa-te redtiee-signIP-leant-envirofinentai#y-adverse-impaets- te-#ae#gt�#£#eaHt-ieveiej-axd-the-bar#e-€e�-eeee#deg#eg• tkese-#evele-aeeeptable:--where-a-paptiealap-FRitiga-- t#er�-rneaea�+e-kae-been-ekeeex-€ern-ax�eag-aeve�ai-a#te�- aat#ves-ekaea#d-te-dieexseed-and-peasene-eheeld-be given-€ep-the-oh4ee-madev - - (d) Alternatives to the Proposed Action: Describe reasonable aRy-kaewn alternatives to the project, or to the location of the project, which could feasibly attain the basic objectives of the project, and why they were rejected in favor of the ultimate choice. The specific alternative of "no project" must also always be evaluated, along with the impact. Describe alternatives ca`pable of substantially reducing or eliminating any environmentally adverse impacts, even if these alternatives substantially impede the attainment of the project objectives, and are more costly. (e) The Relationship Between Local Short -Term Uses of Describe the cumulative and long-term effects of the proposed project which adversely affect the state of the environment. Special attention should be given to impacts which narrow the range of beneficial uses of the environment or pose long-term risks to health or safety. In addition, the reasons why the pro- posed project is believed by the sponsor to be justified now, rather than reserving an option for further alternatives, should be explained. (f) Any Irreversible Environmental Changes Which Would e Involved in the Proposed Action Mould It Be Implemented: Uses of nonrenewable resources during the initial and continued phases of the project may be irreversible since a large commitment of such resources mates removal or nonuse thereafter unlikely. Primary impacts and, particularly, secondary impacts (such as a highway improvement which provides access to a nonaccessible area) generally commit future gener-. ations to similar uses. Also irreversible damage can result from environmental accidents associated with the project. Irretrievable commitments of resources should be evaluated to assure that such current consumption is justified. (g) The Growth -Inducing Im act of the Pro osed Action: scuss tne ways in which a proposed project could foster economic or population growth, either directly, or indirectly, in the surrounding environment. Included in this are projects which would remove obstacles *r -3pulation growth (a major expansion of a was* .er treatment plant might, for exam le, allow for a construction in service ereas�. Increases in the population may further tax existing community service facilities so consideration must be given to this impact. Also discuss the charac- teristic of some projects which may encourage and facilitate other activities that could significantly affect the environment, either individually or cumulatively. It must not be assumed that growth in any area is necessarily beneficial, detrimental, or of little significance to the environment. 36.5 section 15145 is amended to read: 15145. Water Qualit Aspects. Describe in the environmental setting section and other sec ons w ere a ca a WI -Teepee - e water, qua icy aspects o e proposed project which have been previously certified by the appropriate state or interstate organi- zation as being in substantial compliance with applicable water quality standards. �e€e�eaee-be-bhe-ee€ieatie-- eheajd-be-made, 37. Section 15146 (a) is amended to read: (a.) The Final EIR shall consist of: _(Al. The Draft EIR or a revision of the draft. (21 Comments and recommendations received on the Dra EIR ei er ver a m or n summary._ A list of persons or anizatians and public agencies -. �.�K �„ hP J)ra MR. The responses of the Lead Agenc to significant e - -M. .s ralsea sit the rev ew an consu process. 4a4 The-Elnal-EIR-eka�k�-eene et-a€-tl�e-}3 a€t-EAR-eea aladeg- 4ke-elemeete-deaeyibed-#ii-8e8tleaa-}5}4}3-15-142s-aad-15-143 e€-thee e-Guide IIneaT-a-eeetAee-j#etieg- the- erganloatleaa- aad- pep aene-eensulted-and-eeabaInIng- the -eeHmeats veeelved-bkreagh_the-eeeeaLtatiea-ppeeese-de6epthebed- -ie Artie le-1%-elthen-veFbat€m- er-in- ealimapyT- reepenee-e€-the- Lead-Ageney-te-the-eignIfAeant-envlPen- meebal-peseta-pale 9d- In- bhe- rev iew-arid-eeasa-Itatlex ppeeeeev I 3 37.5• Section 15147(c) is renumbered to Section 15148 and amended to read: 15148. EIR as Part of General Plan. The requirements for an EIR on a local general plane ep element or amendment thereof will be satisfied by the general plan or element document, and lvevT no separate FUR will be required, if: T7 the general plan addresses all the points required to be in an EIR by Article g of these Guidelines and (2) the document contains a special section or a cover sheet identifying where the general plan document addresses each of the points required. 37.6. Section 15160(a) is amended to read: (a) Public agencies may establish time periods for review in their implementing procedures and shall notify the ublic and others described in sections 15085(t any hese Guidelines of the time. for receipt or comments on EIR s. _ rev ew rig 38. Section 15160 (c) is amended to read: (c) In order to provide sufficient time for public review, review periods for draft EIR's should not be less than 30 days nor longer than 90 days except in unusual situations. While state and localguide- local agencies are not bound by lines for implementing the National. Environmental Policy Act, the time limits in the federal guide- lines provide an example that may be followed in some situations. The federal guidelines require at least 45 days for review of a draft EIS and at least da s or rev ew of a na EIS nut no ess Tian 0 da_ ys-in �otal.gA-�e �t—arid arias er 39 filaye- €ep 4ke review e€ a €iRaa E-Igi Review periods of this length may be desirable for some large projects under cEQA, but shorter periods may be provided wFiere the shorter period will still allow adequate review. 39. Section 15161 (a) is amended to read: (a) Public agencies must develop procedures for reviewin EIR 's which Lead A eneies subm�to Reim or comments : 5 -�@'e � oi�taYsr-atYd--rece�ve���q' �,tgcli.atd.�or3. 124 ��-stew-w#bh-�eepeet-fie-the-pre�eet:--6uek preeedu�es-sheuld-inelude-previsiene-€er eensultatien-with-persene-whe-leave-speeial- expertise-in-exvireRmental-mattereT--lt le-suggested-that-publie-ageneiee-utilise existing-statej-and-regienal-er-leeal elearingheueee-te-dietribute-E*Rle-and ether-envipenFRental-deeurAeate-to-apprepplate ageneieeT 40. Section 15161 (b) is amended to read:, (b) Cities and counties should compile listings of other agencies, particularly local agencies, which have jurisdiction by law legal-Juriedietien and/or special expertise with respect ttodvarious projectsana project locations. App lines-identi€lea-state-agerieies-whieh-have legal-jurisdietion-eveFT-er-speeial-expertise inT-va�ieus-impaeta: phis-eauld-be-the-basis-€ar a-past-a€-aueh-listingez Such listings should be a guide in determining which agencies should be consulted with regard to a particular project. 41. Section 15161 (d) is amended to read: (d) Upon completion of reviewinnEIRupplyithe suggested that reviewing agenciesI Lead A ency ppejeet epeneer with the name of a con ac person who is available for later i consultation should this prove necessary. 42. Section 15161(c) is rcpcalod. 42.5 Section 15161.5 is added to read: i i 15161.5 Review,by Stateencies. (a) EIR's and Negative Declarations to be reviewed by state agencies shall be submitted to the State Clearinghouse, 1400 Tenth Street, Sacramento, California 95814. (b) The following environmental documents shall be submitted to the State Clearinghouse for review by state agencies: ] (1) Draft EIR's and Negative Declarations prepared by a state agency where such agency is a Lead Agency. (2) Draft EIR's and Negative Declarations prepared by a public agency where a state agency is a Responsible Agency or obherwise has jurisdiction by law with respect to the project. (3) Draft EIS's and Negative Declarations prepared pursuant to NEPA, the Federal Guidelines (Title 40 CFR, Part 1500, commencing with Section 1500.1) and Parts I and II of Office of Management and Flzdget Circular A-95• (c) Public agencies may send environmental documents to the State Clearinghouse for review where a state agency has special expertise with regard to the environmental impacts involved. (d) When an EIR is submit'ed to the State Clearing- house, the review period set by the Lead Agency shall be at least as long as the period provided in the state review system operated by the State Clearinghouse. In exceptional circumstances, the State Clearing- house may set shorter review periods when requested by the Lead Agency. 42.6 Section 15162 is amended to read: 15162. Failure to Comment. If any public agency or person who is consulted with regard to an EIR fails to comment within a reasonable time as specified by the Lead Respenalble Agency, it shall be assumed, absent 7 request for a specific extension of time, that such agency or person has no comment to make, 43. Section 15163 is amended to read: �e €e� Environmental Documents. 15163• Availability of Reques Lai The Lead Reepensibae Agency, after preparing an Ei'Ror other environmental document described in these Guidelines, is responsible for making such documents available to the public for inspection. Members of the general public requesting copies of the EIR may be charged for the actual cost of reproducing that copy. (b Lead Agency should file draft EIR's in a ro r a e pu c rary s,�s _ems_ n o improve public access to the draft 44. Appendix D is repealed. 45• appendix D is added to read: APPENDIX D NOTICE OF DETE MCNATION TO: Q Secretary for Resources 1416 Plinth Street, Room 1311 Sacramento, California 95814 L..J County Clerk County of FROM: (Lead Agency) -- SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code This is to advise that the Lead Agency has made the following determinations regarding the above described project: 1. The project has been approved by the Lead Agency. disapproved 2. The project will have a signiilcant effect on the environment. B will not 3• L% An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. DA Negative Declaration was prepared for this project pursuant to the pro- visions of CEQA. A copy of the Negative Declaration is attached. i Signatvre i Title Date t" endix E 46. Appendix E is aaaende& o read: Notice of Exemption TO: U Secretary, for Resources FROM: 1416 Ninth Street, Room 1311 Sacramento, California 95814 ; Q County Clerk County of j Project Title Project Location - Specific Project Location - City Project Location - County Description of Nature, Purpose, and Beneficiaries of Project ame of Public Agency Approving Project ame of Person or Agency Carrying out Project Exempt Status: Check one Ministerial (Sec. 15073) Declared Emergency (Sec- 15071 (a) ) E2nergency Project (Sec. 15071 (b) and (c) ) Categorical Exemption. State type and section number: Reasons why project is exempt: i Contact Person Area Code Telephone &tension if filed by applicant: 1. httach certified document of exemption findiag. 2. Has a notice of exemption been filed by the public agency approving the project? YesNo— Date Received for Filing Signature Title 47. Appendix F is added to read: Appendix F Energy Conservation The California Environmental Quality Act was amended, effective January 7, 1975, to require that the discussion of mitigation measures in an EIR include a discussion of measures to reduce the inefficient and unnecessary consump- tion of energy. The following discussion is offered as assistance in meeting this requirement. Energy conservation is the wise use of energy resources. The wisdom of a certain kind of energy use will vary according to the circumstances. In late 1974, a leading consideration in energy use is the reduction in dependence upon high priced imported petroleum. other considerations are nd g ways to make ineshortction in supply lastlution longerfrom and beergy useduse forathefmostnessential purposes. Energy conservation measures, including both the available alternatives and those incorporated into the design and operation of a proposed project need to be discussed in EIR's. There are many ways in which a project may be designed or operated to make more efficient and wise use of energy. The following list of conservation measures provides examples that may be used in EIR's where relevant. The list is not exhaustive, and it is not necessary to discuss each example in every EIR. (1) Insulation and other protection from heat loss or heat gain to conserve fuel used to heat or cool buildings and mobile homes. (2) Use of resource conserving forms of energy such as solar energy for water and space heating, wind for operating pumps, falling water for generating electricity, and heat pumps. (3) Energy efficient building design including such features as orientation of structures to summer and winter sunlight to absorb :winter solar heat and reflect or avoid summar solar heat. (4) Measures to reduce energy consumption in transportation such as: (a) Providing access to alternative means of transportation for people such as bus lines, mass transit, bicycle lanes, pedestrian facilities, and car pooling. (b) Use of small cars rather than large cars where possible. b I. 9 a (c) Use of alternative means of shipping which allow for energy k savings. (5) Efficient lighting practices including use of indirect natural light, use of efficient lighting fixtures and/or sources, establishment of reasonable lighting criteria to prevent over illumination, and minimum use of architectural or display lighting. ! (6) Energy conserving constr.Action practices. (7) Use of energy conservation devices such as flywheels. a (8) Rate structures which discourage unnecessary energy consumption. 4 (9) Use of human or animal power where such use is feasible. . i (10) Waste heat recovery. (11) Recycling and use of recycled materials. COMMENTS ON PROPOSED AMENDMENTS TO STATE EIR GUIDELINES The Resources Agency has proposed to amend the Guidelines for the Implementation of the California Environmental Quality Act of 1970. AB 1575 (Warren) amended Section 15143(c) of the California Environmental Quality Act of 1970 (CEQA) to requi.rn that discussion of mitigation measures in an EIR include discussion of methods of avoiding inefficient and unnecessary consumption of energy. Because AB 1575 will take effect on January 7, 1975, it it is necessary to amend the Guidelines to assist people in complying with the new requirements. The proposed amendments were published in the November 25, 1974 issue of the California EIR Monitor. The following is a section by section ana ys s of— ose proposed changes. SUMMARY OF PROPOSED CHANGES 1. Guidelines Section 15141(c) is amended to require discussion of energy conservation measures in mitigation measures. 2. Jurisdiction by low is defined in new Section 15029.6. 3. Existing requirements from many sections for public agencies to include in their implementing procedures are combined in Section 15050. 4. Current requirements for state agency review of EIR's and negative declarations now contained in the State Administrative Manual have been added as Section 15161.5 of the State Guideline:. 5. The relatLonship of CEQA Sectton 21102 to State Gu�delires Section 15037(b)(2) is clarified. 6. Other technical amendments clarify present requirements of CEQA and the Guidelines. ANALYSIS Section 15001 is added to provide a short means for referring to the Guidelines. We recognized that the existing title for the Guidelines is long and cumbersome in conversation. The title is 'accurate in that it refers to the entire Environmental Quality Act which requires more than simply the preparation of environmental impact reports, but a shorthand form of reference is desirable. Section 15005 contains strictly a technical amendment. The portions v of the section which are deleted are moved to Section 15050 which spells out the responsibilities of public agencies in implementing the Act. Oz Section 15014 also contains a technical amendment. The language which is a eted is also moved to Section 15050. Subsection (d) is amended to reflect the proposed effective date ofthese amendments. The effective date of January 7, 1975, was because this is the effective date of AB 1575 which requires mitigation measures in EIR's to contain comments on energy conservation measures. The provision for earlier amendment of individual agency procedures is deleted because the authority for the specific provisions on energy conservation measures will not take effect until January 7, 1975. Section 15022 contains a technical amendment. The citation to the �\ Ca lifcrn a nv ironrr,ental Ruality Act is made open-ended to provide V that the addition of new sections to the Act in the future will not automatically require an amendment to this section. Future amendments to the Act will automatically be referred to given the citation proposed in this section. The changes in Section 15027 are intended to clarify the difference \between a draft and a f n_aTEIR. The addition to Subsection(a) ,,,The a reoui.rement already provided for in Section 1506 . "--\,Sectior. 15028 contains a technical correction. i.i tended to show that VVaan environmental impact statement is not neces­,rily identical to an environmental impact report. \efinit.1—o-n Secti,rin 1502q.r provides a definition of Jurisdiction by law. This fs needed because .Juri.idictton by law is the criterion for deciding whether the lead agency must consult with and obtain comments from a particular public .agency after it completes a draft P,TR. There should be little question that n puolin agency which has authority to pran.. a permit Cur the project would have .jurisdiction by law. The clause dealing with the exercise of authority over the resources which may be affected by the project would reouire that a public agency consult with the county in which it is constructing a protect even though the county night not have legal authority to approve or disapprove the project. In the case of Inyo v. Yorty the court held that the Los Angeles Department of Water and Power had to consult with the County of Inyo even though the county did not have authority to disapprove the project in cuestion. This clause is designed to implement the holding in Inyo v. Yort . The clause dealing with the provision of services Wvh w e affected by the project is designed to cover the situation where a city or county approves a subdivision which will have a great impact on a school district in the area. Although the school district would not have authority to block the project, it should be given the opportunity to comment or, the EIR. The last sentence in a section merely shows how the term .jurisdiction by law fits in the Guidelines. It cross-references the terms "responsible agency" and "lead agency". Section 15014 contains purely technical amendments and a cross- reference. ;`i3 Section 15035 is amended to show that the notice of determination need not —Fe �`iled simultaneously with the approval of the project. it is expected that this notice would normally be filed shortly after the project approval. ection 15035.5 is amended with a technical cross-reference. Section 15037(a)(1) contains, a change aa.signed to show that amend- meuts to genera?. plans must be the subject of EIR's where there is the possibility of a significant effect on the environmbnt. There have been a number of questions raised as to whether amend- ments were covered along with the adoption of general, plans. This amendment is designed to answer that question. The amendment proposed in Section (b)(2) is intended to restate the requirement in Section 21102 of CEQA which applies to state agencies. Section 15050 is amended to provide one place where all the require- ments plsae%on individual public agencies are described. This description is provided in summary form and is intended to describe requirements which are already contained in the Guidelines. Subsection (c) is proposed because there has appeared to be a need for more detailed guidance on what should be contained in individual agency implementing procedures. Many public agencies have merely adopted the State Guidelines verbatim to be their implementing procedures. The State Guidelines contain few specific procedures in order to provide guidance to the broad range of public agrencies in the State. Where a pui. le agency adopts the State EIR Guidelines verbatim, it will find itaelf without the detailed procedures required by CEQA. The amendments to Section 15052 are intended to correct the reference to the Secretary for Resources. Although CEQA refers to the Secretary as the Secretary of the Resources Agency, the Secretary's official title is Secretary for Resources. Section 1505*�(a) contains purely technical amendment, The charger in SOsecETon (b) are designed to allow public agencies treater leeway in setting the fees to be charged for obtaining copies of an EIR. Some public agencies have reduced the fee far copies of EIR's to less than the actual cost of printing the individual copy. This was done to encourage public access to the document. A technical reading of old Subsection (b) would not permit lowering fees in this manner. The proposed amendment is intended to allow a public agency tc, charce a lower fee if it so desires. The proposed change in Section 15060 is intended to respond to suggestions that the old language could lead to abuse of the act and evasion of the requirement for the preparation of formal documents. This section is intended to screen out only those projects where it would be ridiculous to think that the act might apply. For example, there were suggestions that unless a categorical exewpvion was established for the placement of vending 04 mkchines in public buildings that detailed documentation would be required in every case. Requiring even a negative declaration In such a situation would seem ridiculous. CEQA applies only to those projects which may have a significant effect on the environment. We believe that there is a legitimate need to allow projects to be screened out of the process without any required documentation where it can be clearly in advance seen that there is no possibility of a significant effect on the environment. The proposed amendments to Section 15051(a) and (b) merely capitalize the term "lead agency" to conform with the capitalization f this throughout the Guidelines. This is a defined term with a special meaning in the Guidelines and capitalization is used to draw attention to this special meaning. The proposed amendment to Section 15053(a) is intended to bring the langua;e into closer conformity with the statutory language in Public Resources Code Section 21101. Subsection (b) is amended because most federal EIS's now contain discussions of mitigation measuren and ,-.rowth inducing impact because these are required by federal regulatinns although these sut.jects are not mentioned in the statutory language of N.E.P.A. �he proposed amendments to Section 150a5(d) are purely technical. The chance in the heading of Section. 1505^ is intended to clarify the application of the section. AlthoaTi most of the section deals with consultation with responsible agencies, the last �tast entence deals with consultation with other agencies. Accordingly he title needed to be changed to apply to both situations. The sentence in the section is amended to ,how that the consultation after the draft EIR has been completed is intended to obtain formal comments un the draft. Formal comments are not needed in the consultation process with responsible aaencles in the preparation of a draft EIR, but such comments are needed in the formal review \ -process. VThe propoced chances in Section 1505p are also technical. The chances in Section 15070( period for the a.nPndn,,en='and for EIR', under preparation. interest of cairnesn. in intended n'o provide a phase -in � to provide a grandfather clause A phase -in period is needed in the ` The proposed change to Section 15073 appears technical but it is `•'\1 intended to remove the poss� ibilhat the section could be misinterpretated to require a negative declaration where a protect is ministerial. Ministerial projects are completely exempted from the Act and neither an initial study, a negative declaration, nor an EIR is required. The lancuace in Section 150RO is proposed to be amended because the existing lanQuaae does not adequately describe a number of exemptions which are provided in the Act. The proposed change would cover all the exemptions. The proposed addition to Section 15083(s) Is intended to point out a reoutrenent which already ex sin Section 150,6. Consultation in the preparation of a negative declaration is important because if the lead agency determines that only a negative declaration is required for a project, no responsible agency actins, later on the project could require an EIR. It is important for the lead agency and the responsible agencies to discuss the environmental impact of the proposed project before the lead agency decide:; whether to prepare a negative declaration ,,,or an FIR, The chance to Section 15083(d)(2) is intended to apply to n,o,iects wh i-h involve hoth 1,,•cTand state agencies. Where a state agency is involved, it is appropriate for a notice of determination to be sent to the 7earetar,)• for Resources as well as to the county clerk. For example, where a locAl project will be given state funding, the notice choulld be filed with the State as well as with the county. A rl; ,1'�r of f tiAr 'ev xi-e propOr;ed for Sect' : n 1 �0r'7. The changes \\ in 3uhne^tiar, A are purely '.technical. The praposed addition etc Sl1 ;:ter, ion : is i-Aended to point Out iyc consultation reouireaent whtci: applies to lead irencle . dvr'irY the preparation. o,, an EIR. The lAns�i.are which is deleted is :rc,ve�i to Sul -section (d) because the review o" a completed draft EIR fit::, acre l.oatcally Aj'ter Sill`rvr'ti^:, (c)• Suhsec`i.n (c) contain.^ a number of chani ei, The ^first tw;, charge are intended to sirnpllf;• the language that applies to the noti^e of roirpletion. There has beer, c^nfvr,ion about the existing lanFruaFe which provides that the notice of completion mist he filed before copies of the EIF are sent out for review. ;several p•ih1 Lc a:renctes inquired as to whet per they needed to obtain a statement from the Resources Agency that their notice of cosi,plet ion had beer. received for filing before they could send out copies of their draft FIR for review. The proposed chance is intended to avoid the need fora formal procedure Of that 'Ri.nd. The amendment dealing with the notice of intent has 1,een trade ne^,essary by a chance in the forts used by the State ClearinrhUu^e, The nonce of intent is no longer used but he,, been replaced by a new and more elaborate form identified as Forrr CA-ln^,. The praposed lnnsuafe merely refers tr; -he c- vr!r f orn. reo.tiref* b;; the 5i,ate Clearinr!h,.o%e benai ve the f,1- raG be charred afaLn. The copy of the notice of intent is proposed to be removed from the appendix. SOsection (d) combines a nu-raber of provisions applyinf- to the EIR review precess which had Leen scattered throu;hout the Guidelines. The only new material is contained in Subrectlon(d)(2) nur*gestirr* that coptef of draft EIRs be provided to public library systems. A number of Lead Agencies have found the use of public libraries to be particularly erfecifive in :ro ins copies of EIR:: Vvailrable tc the public. Subsection.(?) is added to encourave other Lead Agencies to consider using this device. Sutnecttons (e) through (i) contain purely technical chans*es. Cubsection (j) is added to point out the reaulrem,-ant for responsible agencies to consider a Lead Agency':, EIR as required by Section 15064. rib The changes to Section 15086 are intended to be merely technical in nature. Since the f rs sentence uses the word "should", the words "To the extent possible" were not deemed necessary. There was some question about the meaning of the term "regular project report" because some state projects involve both a "project report" and a "feasibility report". The amendment is intended to provide that whichever one is used in the review and budgetary process will be the one to include the EIR. When the Notice of Exemption was authorized for use in March 1974, the provision. in Section 15087 authorizing the use of additional notices became less necessary. The authorization to individual iublic agencies to provide for use of additional notices may still b necessary, however, because some agencies may use notices which e not specifically provided for in the Guidelines. For example, a city may reouire that a notice be filed when it decides to prepare an EIR or when it completes a negative declaration. Either of these would be authorized by Section 15087. The language to be deleted overlaps with existing Section 15074. The proposed change to Section 15100 is intended to clarify the effect of categorical exemptions. it is intended to make clear that a categorical exemption eliminates the need for an initial study and a negative declaration as well as the need for an EIR. New Section 15100.1 is a revision and recodification of existing Section 1511 which would be repealed by the amendments. The section is moved to the new location in the Guidelines to allow for additions to the list of categorical exemptions. The purpose of the section is to clarify the relationship of categorical exemptions to the ministerial exemption. New :Action 15100.2 is a recodification of existing Section 15114 with only mino— r Tnges. Because the existing section contained cumulative impact exception as well as the exception by location., he title of the section is revised and the section is divided into two subsections to clarify its application. ect ion 15100.1 represents a codiftcation of old Section 15115 ,:, hich wou a repealed. The last sentence is added to the ;ectton to clarify how a reouest for a new categorical exemption would bp granted. c>ection 15100.4 is a recodi.fication with minor technical changes �bf old Sew-1511' which would be repealed. The proposed change to Section 15101(c) is intended to remove a limitation which has been troub�ine to the California Department of Transporation. Because the language limited the example to existing rights of way, the department believed that negative declarations were required where projects called for the acquisition of small parcels of land for signs, curbs, or light standards. The revision would apply the exemption to situations where additional small parcels need to be acquired for a project. To be exeirpt, the project would still need to meet the description In the heading of Section 15101 limiting the exception to the 07 operation, repair, maintenance or minor alteration of existing public facilities involving negligible or no expansion of use. Section 15112 is amended merely to change the reference to the Environmer,757 Goals and Policy Report in such a way that if a new report is prepared, the Guidelines would not have to be amended to chance the citation. New Section 15113 contains a proposed categorical exemption. During the paw year there have been many questions about the application of CECA to the acquisition of lands for ecological eserves and other wildlife conservation purposes where the land was heir.;- acquired In order to preserve the land in its natural condition. Because the concept of a significant effect as described in Section 150Rl involves a change From the existing condition, we believed that the acquisition of land to freeze the land ir. its existing condition would not have a significant effect on the environment. Ser.Ucn 1'llh is prcFcced t eceuse there have teen pry blew in dealing* wt�-the addition cf' portable classrooms at existing snl:;c1 ,sites. Often the portable classrooms are needed with very little advance n ttce. This categorical exemption is intended tr eltrinate the need for documentatinn where the additir, to a school would have only a minor effect on the surrcundinas. The reneal r," Ser`iors 15115 and 1511n' are discussed tinder Sections 1510C'.? and t;lno.h. The hoadln<1 of S,— Lion 15143 is amended to make it clear that EIR's may be prepared using an organization different from the sequence of subjects described in Section 21100 in CEOA and Section 15143 of the Guidelines. where a different organization of the EIR would simplify or clarify the discussions of the effects of the project, the different organization may be used provided that the reporL still, diSCUS$eS all the required subjects. ;section l�lti={c) contains the most substantive addition to the O,a,�,gi;rPc. T;A out Pct3cn follows the manda4'e con�ainedein AR 15%5 that the discussion eif mitLzation ceasurec> disru rton of xethods Gfo.naredto ecient,and unnecessary consurpticr. Gf energy;�. The examples people in understand ins what measures could be considered norOn avoidinr inefficient and unnecessary cgnsumptirneCteneWeyttoulily a few of the exanples may apply to any given pj expect that zany EIR's would discuss energy conservatian measures which do not appear on this list. Any list has the problem of leading people to helieve that the listed items are a1.1 ti1c" "ust tl;ink al•o'Ut- We believe,however, that a list is necessary to provide people with some rui The revision:: to Sections 151111(d) and (e) are strictly technical but are an effcrt to si,Tr.D �!�e sections. ()s The revisions to Section 151.45 are intended to clarify the section_. There have been suggestions Fiat Section 15145 required a separate \section in an EIR to discuss the water quality aspects of the project. We intended the section merely to qualify the previous \ sections in order to simplify the EIR. Where the water quality aspects of a project have been previously certified by a water quality authority, the water quality aspects of the project need not be exhaustively described, but the cerification by the water quality authority should be described. ection 15146(a) is amended merely to clarify the existing requirements. Proposed Section 151118 is a recodification of Section 15147(c). Because this sect on s important to people working with general plans, it was believed that the provision should be highlighted as a separate section. The section is also revised to apply the EIR requirement specifically to the amendment of local general plans where there may be a significant effect on the environment. A numt er of people had suggested that an amendment to a general plan did not require an EIR because the Guidelines specifically mentioned only the adoption of the plans or elements of the plans. This section is intended to resolve this dispute by specifically referring: to amendments of general plans. The amendment to Section 15150(a) is intended to provide that ad Agencies should inform aTl people reviewing a draft EIR of the time period for review instead of only telling other public agencies. Post Lead Agencies are already doing this. ection 15160(c) is amended to correct the reference to the review eriods proveded under the federal guidelines and to clarify the section. Section 15161(a) is amended to clarify and shorten the section. The material which is deleted has been moved to other location.. It is proposed to be included in Section 15050 and Section 15o15(a) . The revision to Section 15161(b) is strictly technical. The language which is delete3 is coved to new Section 15151.5(e). \The revi:;ion to Section 15161(d) is technical, changing the term "project sponsor" to Lead agency. The old terminology could lead to confusirn where the project is sponsored by a private applicant. \,Section 15151(e) which is repealed is recodified in Section 15101.5 tto clarify the existing requirements in the state review process. V Section 151"1.5 is Intended to provide further information on the state review process. Most cf the telephone calls received in the Resources Agency about the EIR process have dealt with the state review system. The purpose of using the State Clearinghouse MLI for the state review process is to provide a single and routine contact point for obtaining comments on EIR's. Because the Clearinghouse is familiar with the areas of jurisdiction and expertise of state agencies, it can make sure that all the state agencies that would be concerned with a project are given the opportunity to comment on a project. It has been our experience that when agencies outside of state government try to identify all the state agencies which would comment on a project, a number of state agencies are overlooked. Use of the State Clearinghouse system is intended to help public agencies meet their statutory obligation to consult with and obtain comments from all puhlic agencies which have jurisdiction by law with respect to a project. Section 151'2 contains a technical amendment. Section 151•g is amended to clarify the existing section and to provide suggestions for improving the availability of documents. Many public ~agencies have found that making copies of EIR's available in public libraries has improved public access to the documents. Usually several copies have been provided to each library. One copy is reserved as a reference copy to re^ain in the library, and the extra copies are available for check out. This approach greatly facilitates public access to the documents. Sulsection (b) is intended to urge all public agencies to consider using this method of facilitating public participation in the EIR process. Appendix D containing the Notice of Intent f..rm is repealed because the State Clearinghouse is no longer using the form. The Clearina- hou.e is now using the CA 1R9 for::, but because this form is long and ray also he changed, a ce,py of it is not provided in the Guidelines. 10 CONSTITUTIONAL CONVENTION The constitutional convention for professionals engaged in the preparation, processing, or review of environmental documents held on November 13, 1973, in Goleta, California resulted in the creation of a new organization. The group decided to describe itself as an organization of individuals and entities involved with the environmental assessment process. Albert F. Reynolds of the Office of Environmental Quality of Santa Barbara County uas elected Chairperson, and Carol Benson of Henningson, Durham, and Richardson was elected Vice Chairperson. An organizational committee was established to work out the details of setting up the new group. During the morning session, the convention discussed whether there was a need to create a new organization. To resolve the issue, the convention analysed the functions that the group perceived as needing to be performed. Concern was expressed that the orCanizat:ion must serve a function and that the function must not be merely to o,erve the individual interests of the members. The group identified the following needs: 1. Better communication among people who deal with the environmental assessment process. People working in the some kind of job in different areas were perceived,to be out of touch with each other. Better communication was desired for problem solving, improving procedures, improving base line data, and sharing information of interest to people working In this area. 2•. Establish a code of ethics and standards of practice in environmental assessment. 3. Take action in some form in response to cases of unethical conduct. 4. Standardize procedures used in different public agencies. 5. Improve the disclosure of environmental effects of project:;. 6. Improve the usefulness of environmental impact reports. This would involve analyzing the purposes served by the documents and then seeing how the goals could be better accomplished. The idea was expressed that complete analysis of every environmental effect to the satisfaction of specialists in each field is not possible and probably not desirable. 7. Promote the survival of environmental laws. While it was recognized that other organizations are serving this need,