Purpose of a Negative Declaration
The California Environmental Quality Act (CEQA) is a law that requires government agencies to consider the environmental consequences of their actions before approving plans, policies, or projects. A negative declaration is a written statement that an Environmental Impact Report (EIR) is not required because a project will not have a significant adverse impact on the environment (Pub. Res. Code §§ 21064, 21080(c)).
Key Facts
- Purpose: The purpose of a negative declaration is to determine if a project will have a significant adverse effect on the environment. If there is no substantial evidence to support the project having a significant effect, a negative declaration is prepared.
- Initial Study: An initial study is conducted to assess the potential environmental impacts of a proposed project. If the initial study identifies potentially significant effects, but revisions to the project plans can avoid or mitigate these effects, a mitigated negative declaration may be prepared.
- Responsible Agencies: In the CEQA process, there are lead agencies and responsible agencies. The lead agency is the public agency primarily responsible for carrying out or approving the project. Responsible agencies are other public agencies with discretionary approval power over the project. Responsible agencies must actively participate in the lead agency’s CEQA process and consider the lead agency’s environmental document before acting upon or approving the project.
- Public Participation: Public participation is considered an essential part of the CEQA process. While CEQA does not require formal hearings for an initial study, public notice of the intent to adopt a negative declaration or mitigated negative declaration is required. Public involvement is encouraged to ensure balanced decision-making and environmental protections.
Initial Study
Before preparing a negative declaration, an initial study is conducted to assess the potential environmental impacts of a proposed project (Pub. Res. Code § 21080.1, 21080.3). If the initial study identifies potentially significant effects, but revisions to the project plans can avoid or mitigate these effects, a mitigated negative declaration may be prepared (Guidelines § 15070(b); Pub. Res. Code § 21064.5).
Responsible Agencies
In the CEQA process, there are lead agencies and responsible agencies. The lead agency is the public agency primarily responsible for carrying out or approving the project. Responsible agencies are other public agencies with discretionary approval power over the project. Responsible agencies must actively participate in the lead agency’s CEQA process and consider the lead agency’s environmental document before acting upon or approving the project.
Public Participation
Public participation is considered an essential part of the CEQA process. While CEQA does not require formal hearings for an initial study, public notice of the intent to adopt a negative declaration or mitigated negative declaration is required. Public involvement is encouraged to ensure balanced decision-making and environmental protections.
Conclusion
A negative declaration is an important tool in the CEQA process. It allows agencies to determine if a project will have a significant environmental impact and provides a mechanism for public participation in the environmental review process.
Sources
- Governor’s Office of Planning and Research: CEQA 101
- California Department of Transportation: Chapter 35 – Initial Study and Negative Declaration
- California Department of Fish and Wildlife: CEQA Review
FAQs
What is a negative declaration under CEQA?
A negative declaration is a written statement that an Environmental Impact Report (EIR) is not required because a project will not have a significant adverse impact on the environment.
When is a negative declaration prepared?
A negative declaration is prepared after an initial study has been conducted and it is determined that the project will not have a significant environmental impact.
What is the purpose of a negative declaration?
The purpose of a negative declaration is to inform the public and decision-makers that a project will not have a significant environmental impact, and to provide a basis for approving the project without preparing an EIR.
What is the process for preparing a negative declaration?
The process for preparing a negative declaration typically involves the following steps:
- Conduct an initial study to assess the potential environmental impacts of the project.
- Prepare a draft negative declaration.
- Circulate the draft negative declaration for public review and comment.
- Respond to public comments on the draft negative declaration.
- Adopt the final negative declaration.
Is public participation required for a negative declaration?
Yes, public participation is required for a negative declaration. A draft negative declaration must be circulated for public review and comment before it can be adopted.
What are the benefits of using a negative declaration?
The benefits of using a negative declaration include:
- It is a less time-consuming and costly process than preparing an EIR.
- It provides a clear and concise statement of the environmental impacts of a project.
- It allows for public participation in the environmental review process.
What are the limitations of using a negative declaration?
The limitations of using a negative declaration include:
- It can only be used for projects that will not have a significant environmental impact.
- It does not provide the same level of environmental review as an EIR.