2016 Proposition 1 Integrated Regional Water Management Disadvantaged Community Involvement Program Technical Assistance Sub-Grant Agreement Between The Santa A

2020010008

Big Bear Area Regional Wastewater Agency (BBARWA)

NOE - Notice of Exemption

1/2/2020

1/2/2020

David Lawrence

Big Bear Area Regional Wastewater Agency

Lead/Public Agency

122 Palomino Drive
Big Bear City, CA 92314

(909) 584-4033

Big Bear Area Regional Wastewater Agency

Project Applicant

The Sub-Grant Agreement has no specific physical location. The agreement provides BBAR WA with funding to cover costs BBAR WA has incurred and will incur in connection with permitting for the Replenish Big Bear project, which is a recycled water project in Big Bear Valley, San Bernardino County. California.

Other

State CEQA Guidelines sections 15060, subd. (c)(3) & 15378, subd. (b)(4)

First, the Sub-Grant Agreement is not subject to CEQA under State CEQA Guidelines section 15060, which provides that "[a]n activity is not subject to CEQA if ... [t]he activity is not a project as defined in [State CEQA Guidelines] Section 15378." (State CEQA Guidelines, § 15060, subd. (c)(3).) State CEQA Guidelines section 15378, in tum, expressly excludes from the definition of "project" the "creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." (State CEQA Guidelines, § 15378, subd. (b)(4).) Here, the Sub-Grant Agreement is not subject to CEQA because it constitutes a government funding mechanism or other government fiscal activity which does involve any commitment to any specific project. Notably, the Sub-Grant Agreement merely constitutes an agreement by which BBARWA may obtain funds from the Disadvantaged Community Involvement Technical Assistance Project to cover the costs it has incurred or will incur in connection with permitting for the Replenish Big Bear Project. BBARWA's approval of the Sub-Grant Agreement in no way commits BBARWA to the Replenish Big Bear Project. The Sub-Grant Agreement is thus not subject to CEQA. (State CEQA Guidelines, §§ 15060, subd. (c)(3), 15378, subd. (b)(4).)

Other

State CEQA Guidelines section 15061, subd. (b)(3)

Second, the Sub-Grant Agreement is not subject to CEQA under the "common sense exemption" set forth in State CEQA Guidelines section 15061. The common sense exemption provides that an "activity is not subject to CEQA" where "it can be seen with certainty that there is no possibility that the activity m question may have a significant effect on the environment." (State CEQA Guidelines, § 15061, subd. (b)(3).) Here, approval of the Sub-Grant Agreement will not result in any activity that could potentially impact the environment. Rather, approval of the Sub-Grant Agreement will merely serve to fund BBARWA's efforts to obtain the necessary permits for the Replenish Big Bear Project. The activity does not constitute an approval of the Replenish Big Bear Project or any other activity that could possibly result in a significant effect on the environment.