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Findings and Board Findings and Board ResolutionResolution

Steven Blum

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CEQA Findings in theCEQA Findings in theBoard ResolutionBoard Resolution

Resolution or separate appended Resolution or separate appended document contains findings critical to document contains findings critical to surviving a legal challengesurviving a legal challenge

Findings must be supported by Findings must be supported by substantial evidence in the recordsubstantial evidence in the record

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If there are No Significant If there are No Significant ImpactsImpacts

CEQA Findings must include CEQA Findings must include

Statement that Board has reviewed and Statement that Board has reviewed and considered SEDconsidered SED

Finding that there is no potential for significant Finding that there is no potential for significant adverse impactsadverse impacts

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If There are Significant ImpactsIf There are Significant Impacts

One of these findings is required for each One of these findings is required for each significant impact:significant impact:

Mitigation has been incorporated in the projectMitigation has been incorporated in the project

Mitigation is within another agency’s jurisdiction and Mitigation is within another agency’s jurisdiction and has been adopted or can and should be adopted by has been adopted or can and should be adopted by that agencythat agency

Project alternatives and mitigation measures have Project alternatives and mitigation measures have been considered and are infeasiblebeen considered and are infeasible

• Infeasibility must be based on specific economic, legal, Infeasibility must be based on specific economic, legal, social, technological or other considerations social, technological or other considerations

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If There are Significant Impacts If There are Significant Impacts (cont’d)(cont’d)

Include brief statement of rationale for Include brief statement of rationale for each findingeach finding

Statement of Overriding Considerations Statement of Overriding Considerations must be included in the Board Resolutionmust be included in the Board Resolution

Not a substitute for CEQA findingsNot a substitute for CEQA findings

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Statement of Overriding Statement of Overriding ConsiderationsConsiderations

States that for each significant impact, lead States that for each significant impact, lead agency balances benefits and risks when agency balances benefits and risks when making its determinationmaking its determination

Benefits can be economic, legal, social, technological Benefits can be economic, legal, social, technological or “other”or “other”

Risks are unmitigated environmental impactsRisks are unmitigated environmental impacts

Must be supported by substantial evidence in Must be supported by substantial evidence in the recordthe record

Include evidence of benefits Include evidence of benefits

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In the Board ResolutionIn the Board Resolution

Provide a history of the projectProvide a history of the project

State the date the Basin Plan was last State the date the Basin Plan was last amendedamended

Provide 303(d) listing date (if applicable)Provide 303(d) listing date (if applicable)

Define the pollution problem or reason for Define the pollution problem or reason for policy or Basin Plan amendmentpolicy or Basin Plan amendment

Provide dates for public notices, workshops, Provide dates for public notices, workshops, peer review, board hearings, other important peer review, board hearings, other important milestones milestones

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In the Board Resolution In the Board Resolution (cont’d)(cont’d)

Describe CEQA complianceDescribe CEQA compliance

State that Basin Planning/policy adoption State that Basin Planning/policy adoption process is a Certified Regulatory Programprocess is a Certified Regulatory Program

State that the SED consists of the Basin Plan State that the SED consists of the Basin Plan amendment, Staff Report (including amendment, Staff Report (including environmental Checklist), comments, environmental Checklist), comments, responses to comments, and resolutionresponses to comments, and resolution

State the these documents were provided to State the these documents were provided to individuals and public agencies for review and individuals and public agencies for review and comment comment

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Now Therefore Be it Resolved…Now Therefore Be it Resolved…

That the Basin Plan is being amended That the Basin Plan is being amended

That the SED meets all requirements of That the SED meets all requirements of CEQACEQA

1010

Before the Gavel Falls…STOP!Before the Gavel Falls…STOP!

Was new Was new information information presented presented that merits that merits recirculation?recirculation?

1111

After State Board After State Board Approval…Approval…

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Notice of DecisionNotice of Decision

After “final approval” of the BPA/TMDL/ policy, After “final approval” of the BPA/TMDL/ policy, the Regional Board must file a Notice of the Regional Board must file a Notice of Decision with the Resources Agency Decision with the Resources Agency

We interpret “final approval” to mean OAL approvalWe interpret “final approval” to mean OAL approval

Filing begins 30-day statute of limitations on Filing begins 30-day statute of limitations on lawsuits challenging the Board’s CEQA process lawsuits challenging the Board’s CEQA process

Failure to file results in a 180-day statute of Failure to file results in a 180-day statute of limitations limitations

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Use of SED by Parties Use of SED by Parties Implementing Compliance ProjectsImplementing Compliance Projects

Agency implementing a compliance Agency implementing a compliance project must prepare a subsequent or project must prepare a subsequent or supplemental environmental document, supplemental environmental document, with project-level impact analysis with project-level impact analysis

In some cases, may use previously adopted In some cases, may use previously adopted SED for program-level analysisSED for program-level analysis

Must follow standard CEQA processMust follow standard CEQA process

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Questions?Questions?