Type, Section or Code
15269 (a). Authority Cited: Sections 21083 and 21110, Public Resources Code. Reference: Sections 21108, 21152, and 2115
Reasons for Exemption
The State has identified a list of projects that are exempt from CEQA by law (Article 18 of the State CEQA Guidelines). Statutory Exemption 15269 (a) states: CEQA does not apply to the following emergency projects: (a) Projects to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to the California Emergency Services Act, commencing with Section 8550 of the Government Code. This includes projects that will remove, destroy, or significantly alter an historical resource when that resource represents an imminent threat. The Governor of the State of California declared a State of Emergency on January 4, 2023 related to the severe winter storms and subsequent flooding and damage (CDAA 23-001). On January 14, 2023, the President of the United States issued a disaster declaration for the California Severe Winter Storms, Flooding, Landslides, and Mudslides (DR-4683-CA). The bridge repairs described above are statutorily excluded (STATEX) from NEPA and the preparation of environmental impact statements and environmental assessments by section 316 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), as amended, 42 U.S.C. 5159. Actions falling within the bounds of these statutory exclusions are exempt from NEPA, including all NEPA review and documentation. These actions must, however, still comply with all applicable environmental laws and Executive Orders.