Type, Section or Code
State CEQA Guidelines sections 15378, 15273, 15301, 15302, 15303, 15061(b)(3)
Reasons for Exemption
The April 27, 2022 approval of the Budget and Proposed Approvals is not a CEQA “project,” because the Budget and Proposed Approvals will not result in any direct or reasonably foreseeable indirect environmental impacts under State CEQA Guidelines § 15378. Further, the Budget and Proposed Approvals are not subject to CEQA review, because it can be seen with certainty that they have no potential to impact the environment under State CEQA Guidelines § 15061(b)(3).
Additionally, and even if the Budget and the Proposed Approvals are a CEQA “project,” they are still categorically exempt from environmental review pursuant to State CEQA Guidelines, §§ 15301, 15302, 15303, and 15311 because the Budget and the Proposed Approvals involve:
• the operation, repair, maintenance, or minor alteration of existing public structures, facilities, or mechanical equipment that will result in negligible or no expansion of use beyond that existing today pursuant to State CEQA Guidelines §15301;
• the replacement or reconstruction of existing structures and facilities, which will be located on the same site have substantially the same purpose and capacity as the structure or facility replaced pursuant to State CEQA Guidelines § 15302;
• the construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure pursuant to State CEQA Guidelines § 15303.
Finally, none of the “exceptions” to the categorical exemptions apply under State CEQA Guidelines § 15300.2.
Lastly, the Budget is exempt from under State CEQA Guidelines § 15273 since the Budget includes rate adjustments to assist in funding the RBB to maintain service within existing service areas.