Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The OHMVR Division is required to comply with CEQA before approving each Grant.
(b) When a Project request is funding both CEQA and/or NEPA requirements and actual Project Deliverables, the Project shall be undertaken and funded in two phases as follows:
(1) The first Project phase funds the CEQA and/or NEPA activities, and
(2) The second Project phase will fund the Deliverables, as approved and conditioned by the outcome of the CEQA and/or NEPA document, once the CEQA and/or NEPA conclusions result in a decision to proceed with the Project Deliverables and the OHMVR Division gives prior approval.
(3) Other than CEQA and NEPA activities, no Project Deliverables will be funded until a CEQA review has been completed for the entire Project.
(c) For city, county, District, State Agency, Educational Institution, State Recognized Native American Tribes, certified community conservation corps, and Nonprofit organization Applicants only:
(1) All city, county, District, State Agency, Educational Institution, State Recognized Native American Tribes, certified community conservation corps, and Nonprofit organization Applicants shall provide the required documentation for the OHMVR Division to determine that CEQA compliance has been met for each Project. CEQA compliance shall be determined by submitting one of the following for each Project:
(A) An Environmental Review Data Sheet (Rev. 1/22) (ERDS) (refer to Appendix, incorporated by reference) documenting the Project is phased pursuant to subdivision (b). A subsequent ERDS shall be prepared prior to OHMVR Division approval of the second Project phase if a Notice of Determination (NOD) has not been filed at that time, or
(B) A Notice of Exemption (NOE) finding that the Project is exempt from CEQA that has been filed for the Project consistent with CEQA Guidelines Section 15062, together with responses to questions required in the ERDS, or
(C) An Initial Study/Negative Declaration (IS/ND) or an Initial Study/ Mitigated Negative Declaration (IS/MND) for activities that are not categorically exempt, but fit within the definition of activities that may be covered by a Negative Declaration (ND) under CEQA, together with a copy of the NOD filed for the Project, or
(D) An Environmental Impact Report (EIR) if the proposed activity poses a potentially significant impact as defined in an IS/ND checklist, or meets any of the tests for mandatory findings of significance under CEQA (PRC Section 21083; CEQA Guidelines Section 15065), together with a copy of the NOD filed for the Project, or
(E) Other documentation indicating the requirements of CEQA have been satisfied or the reasons the Applicant believes the Project is categorically exempt or not subject to the CEQA review (CEQA Guidelines Sections 15061(b)(3) or 15378).
(2) Within 45 calendar days of the final Application submission, the OHMVR Division shall review the Application for environmental compliance.
(A) If the OHMVR Division needs to clarify information provided pursuant to subdivision (c)(1), the OHMVR Division shall submit in writing a request for such information from the Applicant. The OHMVR Division shall request the Applicant provide the additional information in writing to the OHMVR Division within ten (10) calendar days of receipt of the request.
(B) Applicants that do not return the requested additional information within the ten (10) calendar day limit may have their Applications returned without further processing.
(3) Notwithstanding subdivision (c)(1), where the Applicant is not a lead agency and CEQA compliance has not otherwise been met, the Applicant shall provide responses to questions required in the ERDS for each Project, and shall also provide adequate information to the OHMVR Division to make a sufficient Project review to determine the appropriate level of CEQA compliance and any additional environmental documentation required.
(A) Within 45 calendar days of the final Application submission, the OHMVR Division shall review all Projects to determine what additional documentation or information is required for the OHMVR Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The OHMVR Division cannot commit to completing the added CEQA work needed if the time and resources required exceed the time and resources available to complete the Application selection process.
1. If the OHMVR Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the Applicant in writing and return the Application and supporting materials.
2. If the OHMVR Division determines that additional information is required for the Project to comply with CEQA and that such work may be completed with existing resources and within the timeframe for the Application process, it will request such additional documentation from the Applicant be returned within ten (10) calendar days of the written request.
3. Applicants who do not return the requested additional information within the ten (10) day time limit may have their Applications returned without further processing.
4. For those Applications that are accepted for further CEQA compliance, the OHMVR Division shall use its best efforts to cause the CEQA compliance work to be completed. However, the OHMVR Division cannot guarantee the Project will be certified as CEQA compliant. Also, the OHMVR Division reserves the right to cease CEQA compliance work if it determines the Project may not be funded in light of the Project evaluation and scoring process and submission of the Project to the OHMVR Division for review and approval.
(d) For federal agencies or Federally Recognized Native American Tribe Applicants only:
(1) All federal agencies and Federally Recognized Native American Tribe Applicants shall submit an analysis of the environmental impacts of the proposed Project comparable with the requirements of CEQA.
(A) Completed Project-related NEPA, which must include a signed decision memo, finding of no significant impact, or record of decision, must be submitted.
(B) Clearly identify which sections are relevant to the Project.
(C) Submit responses to the ERDS.
(D) If the Applicant is requesting funding for NEPA or other comparable document preparation per subdivision (b) prior to implementing the remaining Project Deliverables, the Applicant shall submit an ERDS documenting the Project is phased pursuant to subdivision (b). A subsequent ERDS shall be prepared prior to OHMVR Division approval of the second Project phase if a NOD has not been filed, by the OHMVR Division or other CEQA lead agency, at that time.
(2) Within 45 calendar days of the final Application submission, the OHMVR Division shall review all Projects to determine what additional documentation or information is required for the OHMVR Division to complete the requirements for CEQA, with an assessment of the amount of further CEQA analysis and compliance that may be required. The OHMVR Division cannot commit to completing the added CEQA work needed if the time and resources required exceed the time and resources available to complete the Application selection process.
(A) If the OHMVR Division determines that it cannot complete the necessary additional CEQA work, it reserves the right to inform the Applicant in writing and return the Application and supporting materials.
(B) If the OHMVR Division determines that additional information is required for the Project to comply with CEQA and such work may be completed with existing resources and within the timeframe for the Application process, it will request such additional documentation from the Applicant be returned within ten (10) calendar days of the written request.
(C) Applicants who do not return the requested additional information within the ten (10) day time limit may have their Applications returned without further processing.
(D) For those Applications that are accepted for further CEQA compliance, the OHMVR Division will use its best efforts to cause the CEQA compliance work to be completed. However, the OHMVR Division cannot guarantee the Project will be certified as CEQA compliant. Also, the OHMVR Division reserves the right to cease CEQA compliance work if it determines the Project may not be funded in light of the Project evaluation and scoring process and submission of the Project to the OHMVR Division for review and approval.
(e) An agency may not rely on mitigation measures as a basis for concluding a Project is categorically exempt.
(f) When an ERDS is required, one ERDS shall be provided for each individual Project, even if more than one (1) Project falls under the same Project type. If an individual Project addresses more than one (1) site, every site under that Project shall be clearly addressed in the ERDS.
1. New subarticle 1 (sections 4970.06.1 - 4970.09) and section filed 1-12-2009; operative 1-12-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 3).
2. Editorial correction restoring inadvertently omitted subsection (c)(3)(C)(2) and correcting subsection (d) (Register 2010, No. 2).
3. New subsection (c)(1)(A), subsection relettering, amendment of newly designated subsections (c)(1)(B)-(C) and (c)(1)(E) and subsections (c)(2)(A), (c)(3)(C)(2) and (d)(1), new subsections (d)(1)(A)-(B) and amendment of subsection (d)(2)(D) filed 1-8-2010; operative 1-11-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 2).
4. Editorial correction of subsection (d)(1)(B) (Register 2011, No. 51).
5. Amendment of subsections (b)(1)-(2), (d) and (d)(1)(A) filed 12-20-2011; operative 1-9-2012 pursuant to Government Code section 11343.4 (Register 2011, No. 51).
6. New subsection (b)(3), repealer of subsection (d)(1)(A), new subsections (d)(1)(A)-(d)(1)(C) and subsection relettering filed 12-15-2015; operative 1-11-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 51).
7. Amendment of subsections (b)(2)-(c)(1)(A), (c)(3) and (d)(1)(A)-(B) and amendment of NOTE filed 12-14-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 50).
8. Amendment of section heading and subsections (b)(1)-(2), (c)(1)(A), (c)(2)(A) and (d)(1)(D) filed 12-22-2020; operative 12-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 52). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
9. Amendment of subsections (c)-(c)(1)(A), (c)(2)(A) and (c)(3), redesignation of former subsection (c)(3)(B)-(C)(2) as subsections (c)(3)(A)1.-4., and amendment of subsection (d)(1)(D) filed 12-27-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 53). Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20.
Note: Authority cited: Sections 5001.5 and 5003, Public Resources Code. Reference: Sections 5090.02, 5090.32, 5090.50(d)(4), 5090.53 and 21000 et seq., Public Resources Code; USC Title 42, Section 4371; and 40 CFR part 1500.1 et seq.
