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The California Environmental Quality Act (CEQA) was put into effect in 1970 for the purpose of monitoring land development in California through a permitting process. Environmental Impact Reports are required before a permit can be awarded. CEQA was enacted to protect the health of the environment from current and future development.
The Environmental Impact Report (EIR) must include a listing of the significant effects that a project would have on the environment, including what effects would be inevitable and those that could be permanent. The EIR needs to contain information about the efforts that could be done to lessen the effects predicted and any alternatives to the project. The EIR has a time limit of one year to be completed for a particular project.
The CEQA process starts with an evaluation of the proposed project to determine if there will be any physical changes to the environment and then if the project will be subject to CEQA. There are some statutory exemptions that some projects could fall under, so determining if the project needs to be regulated under CEQA is one of the first steps. Then a lead agency must make the determination of whether or not there will be any significant impacts. The third step is for the lead agency to issue a negative declaration that says that the project will not have any significant effects, or if there may be impacts, if they can be avoided by modifications to the project plan. The other option is to deem an EIR to be prepared and then invite public review and comments after completion. The last step is for the lead agency to approve the negative declaration, modifications or the EIR and to make the final decision on the project.
The permitting process is composed of three main parts; the pre-application phase, the application phase and the review phase. During the pre-application phase, the developer completes all the necessary studies and designs for the project, identifies all the permits that will be needed and finds out which agency will be the lead agency for the project. The lead agency will make the decision about what type of environmental reports must be completed.
In the second application phase, the permit applications are filed and reviewed by each respective agency for accuracy and completeness, then the lead agency has to make its determination in writing within 30 days. If the lead agency does not reply within the 30 days, then the permits are accepted. If the lead agency determines that the permit applications are incomplete, they must state exactly what is deficient and then the applicant can refile. Once the applications have been approved, the lead agency has six months to approve or disapprove the project.
The final phase is the review phase and this is where the lead agency reviews the proposed project and takes care of any environmental analyses that need to be performed. The lead agency is also responsible for producing a Draft Environmental Impact Report (DEIR), which must be available to all agencies involved and to the public for review. Any comments must be made within 45 days and then the lead agency must respond to the comments. After the comment period, the lead agency must produce a Final Environmental Impact Report (DEIR). The lead agency then has six months to approve or deny the CEQA permit.
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