Approval of Amendment No. 5 to the Joint Exercise of Powers Agreement between the Department of Water Resources and Delta Conveyance Design & Construction JPA
Summary
SCH Number
2021030125
Public Agency
Delta Conveyance Design and Construction Authority - Delta Conveyance Finance Authority
(DCDCA)
Document Title
Approval of Amendment No. 5 to the Joint Exercise of Powers Agreement between the Department of Water Resources and Delta Conveyance Design & Construction JPA
Document Type
NOE - Notice of Exemption
Received
Posted
3/4/2021
Document Description
On February 18, 2021, the Authority approved Amendment No. 5 to the Joint Exercise of Powers Agreement (JEPA). The Amendment provides for certain administrative, organizational, ministerial, and budgetary amendments to the JEPA. Notably, the Amendment clarifies the scope of the Authority's agency under the JEPA by clarifying that the Authority is authorized to act as DWR's agent under permits, agreements, and authorizations that DWR has already obtained or will obtain in connection with environmental review, geotechnical work, planning, engineering, and design of a potential future Delta conveyance project. In addition, the Amendment makes an administrative amendment to the JEPA, changing the repayment date of the DWR initial contribution from January 10, 2021 to January 10, 2023. Amendment No. 5 to the JEPA does not commit the Authority to any current or future project, and it does not entail any construction or other activity that could result in a potentially adverse impact to the environment.
Contact Information
Name
Claudia Rodriguez
Agency Name
Chief of Staff
Contact Types
Lead/Public Agency
Phone
Location
Counties
Contra Costa, Sacramento, San Joaquin, Solano, Yolo
Cross Streets
Not applicable
Notice of Exemption
Exempt Status
Other
Type, Section or Code
State CEQA Guidelines sections 15060(c)(3), 15378(a), (b)(2)(4)-(5), 15061(b)(3)
Reasons for Exemption
The Authority's approval of the Amendment does not qualify as a "project" subject to CEQA because it constitutes (1) continuing administrative or maintenance activities, such as general policy and procedure making; (2) government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment; and (3) organizational or administrative activities of a public agency that will not result in direct or indirect physical changes in the environment. (State CEQA Guidelines sections 15060(c)(3), 15378(b)(2)(4)(5).) Moreover, the approval of the Amendment does not qualify as a "project" because it does not have a potential to result in either a direct, or reasonably foreseeable indirect, physical change in the environment. (State CEQA Guidelines section 15378(a).) Alternatively, the Authority's approval of the Amendment is exempt from CEQA under the common sense exemption set forth in State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
County Clerks
Contra Costa, Sacramento, San Joaquin, Solano, Yolo