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CEQA Terms
California Environmental Quality Act (CEQA) - California legislation that establishes environmental policy for the state. Established in 1970, it provides an interdisciplinary framework for state agencies to prevent environmental damage and contains "action-forcing" procedures to ensure that state agency decision-makers take environmental factors into account.
Environmental Impact Report (EIR) - The detailed statement required by CEQA when an agency proposes a major public action significantly affecting the quality of the environment.
Findings - Statutory requirement to ensure that the decision-making agency actually considers alternatives and mitigation measures (Public Resource Code, §21081, subdivision [a] ), (CEQA Guidelines, §15091, subdivision [a]; 15092). See also Statement of Overriding Considerations below.
Initial Study - The preliminary analysis that the lead agency prepares in order to determine whether to prepare a negative declaration or an EIR and, if necessary, to identify the impacts to be analyzed in the EIR (CEQA Guidelines, §15365). When the agency determines that an EIR is unnecessary, the study serves the purpose of providing documentation of the factual basis for concluding that a negative declaration will suffice (CEQA Guidelines, §15063, subdivision [C] [5] ).
Mitigated Negative Declaration - If an initial study reveals substantial evidence that significant environment effects might occur, the project proponent can modify the project so as to eliminate all such possible significant impacts or reduce them to a level of insignificance (Public Resource Code, §21064.5, CEQA Guidelines, §15073).
Mitigation Reporting and Implementation of Monitoring Program - When a public agency approves a mitigated negative declaration or adopts findings pursuant to Section 21081 of the Public Resources Code, the agency will adopt a reporting or monitoring program for the changes made to the project or conditions of project approval adopted, in order to mitigate or avoid significant effects on the environment. Applies to public agencies as well as lead agencies (Public Resources Code, §21081.6, subdivision [a][1] ).
Negative Declaration - A Negative Declaration prepared when, after completing an initial study, a lead agency determines that a project "would not have a significant effect on the environment"(Public Resource Code, §21080, subdivision [c] ).
Notice of Completion (NOC) - If the draft EIR will be reviewed through the State Review process handled by Office of Planning and Research's State Clearinghouse, a Notice of Completion must be submitted by the lead agency once the draft EIR is completed. The NOC must include a brief description of the project, its proposed location, an address where copies of the draft EIR are available, and a statement of the period during which comments to the draft EIR will be received (CEQA Guidelines, §15085, subdivision[b] ). Refer to Appendix C of the state CEQA Guidelines for a sample NOC form.
Notice of Determination (NOD) - A Notice of Determination is filed by the lead agency once it has decided to implement or approve a project for which it has approved a negative declaration(CEQA Guidelines,
§15075, subdivision [a] ), (Public Resources Code, §21108, subdivision [a], 21152, subdivision [a] ).
Project - The whole of an action that may result in either a direct or indirect physical change in the environment. "Project" is given a broad interpretation in order to maximize protection of the environment.
Public Notice - A notification to the public by the lead agency indicating that the draft EIR is available for review.
Response to Comments - In the final EIR, the lead agency must evaluate and respond to all the environmental comments that it receives on the draft EIR within the public review period. (Public Resource Code, §21091,subdivision [d] [ 2] [A] ). The response may take the form of a revision to the draft EIR or may be a seperate section in the final EIR (CEQA Guidelines, §15088, subdivision [c] ).
Significant Effect - A substantial, or potentially substantial, adverse change in any of the physical conditions within the area affected by the project including land, air, water, minerals, flora, fauna, ambient noise, and objects of historic and aesthetic significance (Public Resources Code, § 21068)(CEQA Guidelines, §15382).
Statement of Overriding Considerations - Provides an agency with a means to adopt a project with unmitigated significant environmental impacts. CEQA requires the decision-maker to balance the benefits of a proposed project which outweigh the unavoidable adverse environmental effects, the adverse environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological or other benefits of a proposed proejct outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (Public Resources Code, §21081, subdivision [B] ), (CEQA Guidelines, §15093, subdivision [a];15021, subdivision [d] ).
Thresholds of Significance - That level at which the lead agency finds the effects of a project to be significant. Threshold of significance can be defined further as a quantitative or qualitative standard, or set of criteria, pursuant to which the significance of a given environmental effect may be determined.
NEPA Terms
Council on Environmental Quality (CEQ) - The President's Council on Environmental Quality is the agency responsible for the oversight and development of national environmental policy. Created by NEPA, CEQ also shares this responsibility with EPA.
Categorical Exclusion - A category of project actions, which a federal agency identifies in its NEPA procedures, that do not individually or cumulatively have a significant effect on the environment.
Cooperating Agency - A federal agency, other than the lead agency, that has legal jurisdiction or special expertise to comment on the project actions of a lead agency.
Cumulative Effects - Effects that are the result of incremental impacts of an action, when added to other past, present, and reasonably foreseeable future actions, regardless of which agency (federal or non-federal) or person undertakes such action.
Environmental Assessment (EA) - A concise public document that analyzes the environmental impacts of a proposed federal action and provides sufficient evidence to determine the level of significance of the impacts.
Environmental Impact Statement (EIS) - The detailed statement required by NEPA when an agency proposes a major federal action significantly affecting the quality of the environment.
Finding of No Significant Impact (FONSI) - A public document that briefly presents the reasons why an action will not have a significant impact on the environment, and therefore, will not require the preparation of an environmental impact statement.
Indirect Effects - Effects that are caused by an action and occur later in time, or at another location, yet are reasonably forseeable in the future.
Lead Agency - The agency or agencies that have the primary responsibility for preparing the environmental impact report or environmental impact statement.
National Environmental Policy Act (NEPA) - Federal legislation that establishes environmental policy for the nation. Established in 1969, it provides an interdisciplinary framework for federal agencies to prevent environmental damage and contains "action-forcing" procedures to ensure that federal agency decision-makers take environmental factors into account (42 United States Code).
Notice of Intent (NOI) - The first formal step in the environmental impact statement process, consisting of a notice with the following information: a description of the proposed action and alternatives; a description of the agency's proposed scoping process, including scoping meetings; and the name and address of the persons to contact within the lead agency regarding the environmental impact statement.
Record of Decision (ROD) - A public document that reflects the agency's final decision, rationale behind that decision, and commitments to monitoring and mitigation.
Tiering - The process of preparing multiple levels of environmental review, typically including general matters in broad environmental impact statements, with subsequent more narrowly focused (tiering) environmental impact statements.
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