Reasons for Exemption
On April 12, 2021, May 10, 2021, July 8, 2021 and October 19, 2021, the Governor of California, Gavin Newsome, proclaimed states of emergency to exist throughout California due to severe drought conditions. The proclamation stated “the increasing frequency of multiyear droughts presents a significant risk to California’s ability to ensure adequate water supplies for communities”. The proclamation goes on to state that it is “necessary to expeditiously mitigate the effects of the drought conditions to ensure the protection of health, safety and the environment”. Three operative orders of the proclamation apply to this project. Operative paragraphs 2, 6, 7 and 12 would be appropriately applied to this project.
Paragraph 2 states, “the orders and provisions contained in the April 21, May 10 and July 8 Proclamations remain in full force and effect. State agencies shall continue to implement all direction from those Proclamations and accelerate implementation where feasible.”
Paragraph 6 states, “As necessary to assist local governments and for the protection of public health and the environment, state agencies shall enter into contracts to arrange for the procurement of materials, goods, and services necessary to quickly assist with the response to and recovery from the impacts of the drought.”
Paragraph 7 states, “To proactively prevent situations where a community runs out of drinking water, the Water Board, the Department of Water Resources, the Office of Emergency Services, and the Office of Planning and Research shall assist local agencies with identifying acute drinking water shortages in domestic water supplies, and shall work with local agencies in implementing solutions to those water shortages.”
Paragraph 12 states, “For purposes of carrying out or approving any actions contemplated by the directives in operative paragraphs 5, 6 and 9, the environmental review by state agencies required by the California Environmental Quality Act (CEQA) in Public Resources Code, Division 13 (commencing with Section 21000) and regulations adopted pursuant to that Division are hereby suspended to the extent necessary to address the impacts of the drought.”
The County of Lake Community Development Department finds that this project complies with the intent and overall direction of the State Proclamations of Emergency and is thereby exempt from the provisions of CEQA.