PROPOSAL:

Adopt Revisions to the SCAQMD CEQA Implementation Guidelines

SYNOPSIS:

The SCAQMD’s CEQA Implementation Guidelines were first adopted on February 6, 1987 and last amended on November 4, 1988. There have been several revisions to the state CEQA Implementation Guidelines since 1988 and staff has been supplementing the 1988 SCAQMD guidelines with the most current state guidelines. This action is to rescind the 1988 SCAQMD CEQA Implementation Guidelines and adopt by reference the current state CEQA Implementation Guidelines.

COMMITTEE:

Administrative and Stationary Source, November 20, 1998, Reviewed

RECOMMENDED ACTION:

Adopt the Resolution rescinding the 1988 SCAQMD CEQA Implementation Guidelines and incorporate by reference the state CEQA Implementation Guidelines.

Barry R. Wallerstein, D.Env.
Executive Officer

Background

The California Environmental Quality Act (CEQA) was adopted into law in 1970. The purpose of the law is to inform decision-makers about the potential environmental impacts of a project, identify ways to reduce the impacts, identify alternatives to the project, and to disclose to the public the reasons for a project approval. CEQA applies to all projects undertaken by a public agency, funded by a public agency or permitted by a public agency.

As a permitting agency in the South Coast Air Basin, the AQMD frequently serves as a Lead Agency under CEQA and prepares appropriate CEQA documentation, often in the form of Environmental Impact Reports (EIR). Any EIR prepared must address all potential adverse environmental impacts related to the projects. The AQMD is required to comply with CEQA when approving a project, as in the case of AQMD rules and regulations, or exercising discretionary approval over a project, as in the case of permits.

Pursuant to state CEQA Guidelines §15022(a), the SCAQMD adopted a set of guidelines to implement CEQA in the District on February 6, 1987. The SCAQMD CEQA Guidelines were amended on November 4, 1988 and have not been updated since. However, the state CEQA guidelines have been amended several times over the past ten years. The SCAQMD has in more recent years relied on the state guidelines to supplement the 1988 amended version of the SCAQMD guidelines.

Proposal

Staff is proposing that the Governing Board rescind the SCAQMD CEQA Implementation Guidelines as amended on November 4, 1988 and adopt by reference the most current state CEQA Guidelines (as of October 26, 1998) pursuant to state CEQA Guidelines 15022(d). In addition, the Board would by this action adopt by reference all future state CEQA Guidelines as approved by the Office of Administrative Law. As an alternative the AQMD could choose to revise the 1988 SCAQMD CEQA Implementation Guidelines. However, since the 1988 Guidelines essentially paraphrased the general provisions of the 1987 state CEQA Guidelines, staff believes that adoption of the current state CEQA Guidelines would be more efficient and require less staff resources needed for continual revisions to the SCAQMD Guidelines. Due to the bulkiness of the State CEQA Implementation Guidelines, a copy of the State CEQA Guidelines have been provided only to the Governing Board Members. Members from the public may view a copy of the state CEQA Guidelines at the AQMD library or obtain the latest version from the California Public Resources Agency.

In addition, state CEQA Guidelines allow an agency to prepare supplemental implementation guidelines tailored to the specific operations of the agency. Staff has prepared an initial draft supplemental CEQA implementation guidelines document and released it for public comments in November 1998. A public workshop was held on November 17, 1998 to solicit inputs and comments on the proposed action to rescind the 1988 Guidelines and adopt the state CEQA Guidelines by reference, proposed draft supplemental CEQA implementation guidelines specific for the South Coast Air Quality Management District, and a CEQA Permit Applicability Form. Based on comments received, staff is proposing to continue working on refining some of the elements of the supplemental implementation guidelines proposal and working further with the public before submitting the supplemental CEQA implementation guidelines for the Governing Board’s consideration. The CEQA Permit Applicability Form had been revised since its original inception and a pilot program was initiated to determine the usability of the CEQA Permit Applicability Form. A pilot test program is being developed for the new form.

AQMP & Legal Mandates

State law requires that the AQMD adopt guidelines to implement the state CEQA.

CEQA & Socioeconomic Analysis

State CEQA Guidelines requires public agencies to adopt guidelines to implement CEQA (CEQA Guidelines §15022) and provides public agencies the ability to tailor the general provisions of the state CEQA to the specific operations of the public agency. No socioeconomic analysis was conducted for this action since the proposed action would result in minor administrative costs.

Resource Impacts

Since the AQMD has been essentially relying on the state CEQA Implementation Guidelines to implement CEQA in the district over the more recent years, the proposed action to rescind the 1988 SCAQMD CEQA Implementation Guidelines and to incorporate by reference the state CEQA Implementation Guidelines, would result in minor administrative costs to the AQMD. The proposed action to incorporate the state CEQA Guidelines by reference would result in net administrative savings to the AQMD by reducing paperwork and staff resources needed to address future revisions to the state CEQA Implementation Guidelines.

Attachment

Governing Board Resolution

ATTACHMENT
GOVERNING BOARD RESOLUTION

Resolution No. 98 -

A Resolution of the AQMD Governing Board Rescinding the 1988 SCAQMD CEQA Implementation Guidelines and Adopting by Reference, the State CEQA Implementation Guidelines

WHEREAS, the state California Environmental Quality Act (CEQA) Implementation Guidelines §15022(a) require public agencies to adopt objectives, criteria, and specific procedures consistent with CEQA and the general provisions of the state guidelines for administering its responsibilities under CEQA; and

WHEREAS, the South Coast Air Quality Management District (SCAQMD) adopted its CEQA Implementation Guidelines on February 6, 1987 and amended the guidelines on November 14, 1988; and

WHEREAS, the state CEQA Implementation Guidelines have been updated several times over the past ten years; and

WHEREAS, the SCAQMD has been relying on the state CEQA Implementation Guidelines to supplement the 1988 SCAQMD CEQA Implementation Guidelines; and

WHEREAS, it is necessary to revise the 1988 SCAQMD CEQA Implementation Guidelines to provide consistency with the current state CEQA Guidelines; and

WHEREAS, pursuant to state CEQA Implementation Guidelines §15022(d), a public agency may adopt the state CEQA Guidelines through incorporation by reference.

NOW, THEREFORE, BE IT RESOLVED that the SCAQMD Governing Board hereby rescinds the 1988 SCAQMD CEQA Implementation Guidelines and adopts the most current version and any future revisions to the state CEQA Guidelines (§15000 et. seq.) as approved by the Office of Administrative Law, by reference for use in the South Coast Air Quality Management District.

BE IT FURTHER RESOLVED, that pursuant to state CEQA Implementation Guidelines §15022(d), the SCAQMD Governing Board may consider in the future any supplemental CEQA implementation guidelines tailored to the specific operations of the South Coast Air Quality Management District.

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