Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement
Summary
SCH Number
2021030115
Public Agency
California Department of Water Resources
(DWR)
Document Title
Amendment No. 5 to the Amended and Restated Joint Exercise of Powers Agreement
Document Type
NOE - Notice of Exemption
Received
Posted
3/3/2021
Document Description
This action if the fifth amendment to the Amended and Restated Joint Exercise of Powers Agreement between DWR and the Delta Conveyance Design and Construction Joint Powers Authority (Authority) to provide for Authority support of
appropriate feasibility and planning studies for possible future actions that DWR and the Authority have not approved, adopted, or funded.
The purpose of the amendment is to change the reimbursement date for the “Initial DWR Contribution” set forth in Amendment No. 4 and to authorize the Authority to act as DWR’s agent under certain circumstances.
Contact Information
Name
Anthony Meyers
Agency Name
Department of Water Resources
Contact Types
Lead/Public Agency
Phone
Location
Cities
Sacramento
Counties
Sacramento
Regions
Statewide
Other Information
This project is the fifth amendment of an agreement and as such does not have a specific location.
Notice of Exemption
Exempt Status
Statutory Exemption
Type, Section or Code
Statutory Exemptions 15061, subd.(b)(3) (common sense)
Reasons for Exemption
The proposed action is not defined as a “project” under CEQA (Public Resources Code Section 21065, State CEQA Guidelines Section 15378) because the proposed action will not cause either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment and involves continuing administrative or maintenance activities (Section15378(b)(2) of the State CEQA Guidelines). In addition, the proposed action is not defined as a project under CEQA because it involves 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 (Section 15378(b)(4) of the State CEQA Guidelines). Furthermore, where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the proposed activity is not subject to CEQA (Section 15061(b)(3) of the State CEQA Guidelines). In the alternative, and even if the proposed action was a project under CEQA, the action is statutorily exempt under Section 15262 for feasibility and planning studies. The action is not an adoption of a plan that will have a legally binding effect on later activities, but rather to provide funding for appropriate feasibility and planning studies for possible future actions that DWR has not approved, adopted or funded.
Attachments
Notice of Exemption
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