Authorization of (1) the Contract Between KCWA and its Member Units for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance; (2) the

Summary

SCH Number
2020110467
Public Agency
Kern County Water Agency
Document Title
Authorization of (1) the Contract Between KCWA and its Member Units for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance; (2) the
Document Type
NOE - Notice of Exemption
Received
Posted
11/30/2020

Document Description
Title continued: Agreement for the Advance or Contribution of Money to the Department of Water Resources by the Kern County Water Agency for Preliminary Planning and Design Costs Related to a Potential Delta Conveyance Project; and (3) an Amendment to the Delta Conveyance Design and Construction Authority Joint Powers Agreement. On November 18, 2020, the Kern County Water Agency (Agency) approved Resolution Nos. 46-20, 47-20 and 48-20. The resolutions authorized the execution of (1) a funding agreement with the Agency's participating Member Units for environmental planning costs associated with a potential Delta Conveyance Project; (2) a funding agreement with DWR for environmental planning costs associated with a Potential Delta Conveyance Project; and (3) an amended Joint Powers Agreement to become a member of the Delta Conveyance Design and Construction Authority ("DCA"). The resolutions do not commit the Agency to any current or future project, and do not entail any construction or other activity that could result in a potential physical change to the environment.

Contact Information
Holly Melton
Kern County Water Agency
Lead/Public Agency
3200 Rio Mirada Drive
Bakersfield, CA 93308

Phone : (661) 634-1400
hmelton@kcwa.com

Kern County Water Agency
Project Applicant

Location

Counties
Kern
Regions
Statewide
Other Location Info
The resolutions and all activities approved have no specific location as they do not entail construction, development, or any other activity that could potentially result in a significant environmental impact. The resolutions do not in any way approve or commit the Agency to a Delta Conveyance Project, which the Department of Water Resources (DWR) is still analyzing and considering. DWR anticipates that, if approved, a future Delta Conveyance facility might span portions of Sacramento, Yolo, San Joaquin, Contra Costa, and/or Solano counties.

Notice of Exemption

Exempt Status
Other
Type, Section or Code
15061(b)(3)
Reasons for Exemption
The Agency's approvals of the resolutions are exempt from CEQA under the common sense exemption set forth in State CEQA Guidelines sections 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. None of the exceptions to this exemption identified in CEQA Guidelines Section 15300.2 exist here.
Exempt Status
Statutory Exemption
Type, Section or Code
15262
Reasons for Exemption
The Agency's approvals of the resolutions are statutorily exempt from CEQA under State CEQA Guidelines section 15262, as the resolutions concerned "feasibility or planning studies for possible future actions [that] the agency.... has approved, adopted, or funded." (State CEQA Guidelines Section 15262). Notably, although the resolutions provide for some funding for the environmental planning costs associated with a potential Delta Conveyance Project, they provide for no funding for the construction of the Delta Conveyance Project, nor do they otherwise commit the Agency to the Delta Conveyance Project.
Exempt Status
Other
Type, Section or Code
15060(c)(3), 15378(a), (b)(2)(4)(5)
Reasons for Exemption
The Agency's approvals of the resolutions do not qualify as a "project" subject to CEQA because they constitute (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment (State CEQA Guidelines Section 15060(c)(3)). Moreover, the approvals of the resolutions do not qualify as a "project" because tehy do not have a potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines Section 15378(a).).

Attachments

Notice of Exemption
Agency_DC_Funding_NOE_SCH   PDF 2384 K

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