CEQA Determination
CEQA Determination
Introduction and Background
As LBNL is a UC research campus operated by UC contractors and situated largely on UC Regents-owned land, projects and activities proposed to be undertaken by LBNL are subject to California Environmental Quality Act (CEQA) review. The CEQA sets review and determination requirements similar to NEPA and applies to discretionary decision-making by California state and local agencies. This includes projects and activities that would take place at LBNL's off-site leased space or other non-leased sites in California. CEQA review at LBNL most often occurs in addition to NEPA reviews; one may not substitute for the other, although they may be coordinated to garner efficiencies. New buildings of substantial size or investment typically require UC Regents design approval in addition to CEQA determination.
CEQA Strategy
LBNL provides support for NEPA and CEQA documentation through the Campus Planning Group under the Strategic Infrastructure Office. Projects should contact the LBNL Sr. Site and Environmental Planner to initiate the NEPA and CEQA processes, during preparations for CD-1.
While there is no strict requirement for a CEQA strategy in the federal Critical Decision process, it is important to federal reviewers to understand the strategy and schedule for Project CEQA review and decision making. The CEQA process, including potential CEQA litigation, presents a risk and potential liabilities to the Project and its schedule and resources.
A CEQA Strategy Plan would include a path forward for developing a categorical exemption, Initial Study / Negative Declaration, a Findings Determination (under an existing CEQA decision), or an Environmental Impact Report (EIR). For an EIR, the schedule, absent extraordinary circumstances, will provide for completion of a final environmental impact statement within approximately 16 months of the issuance of the Notice of Preparation. An Initial Study / Negative Declaration would typically take between 6 and 12 months; a categorical exemption for a large project would typically take between 1 and 2 months.