Findings and Board Resolution

1. Findings and Board Resolution Steven Blum

2. CEQA Findings in theBoard Resolution • Resolution or separate appended document contains findings critical to surviving a legal challenge • Findings must be supported by substantial evidence in the record

3. If there are No Significant Impacts • CEQA Findings must include • Statement that Board has reviewed and considered SED • Finding that there is no potential for significant adverse impacts

4. If There are Significant Impacts • One of these findings is required for each significant impact: • Mitigation has been incorporated in the project • Mitigation is within another agency’s jurisdiction and has been adopted or can and should be adopted by that agency • Project alternatives and mitigation measures have been considered and are infeasible • Infeasibility must be based on specific economic, legal, social, technological or other considerations

5. If There are Significant Impacts (cont’d) • Include brief statement of rationale for each finding • Statement of Overriding Considerations must be included in the Board Resolution • Not a substitute for CEQA findings

6. Statement of Overriding Considerations • States that for each significant impact, lead agency balances benefits and risks when making its determination • Benefits can be economic, legal, social, technological or “other” • Risks are unmitigated environmental impacts • Must be supported by substantial evidence in the record • Include evidence of benefits

7. In the Board Resolution • Provide a history of the project • State the date the Basin Plan was last amended • Provide 303(d) listing date (if applicable) • Define the pollution problem or reason for policy or Basin Plan amendment • Provide dates for public notices, workshops, peer review, board hearings, other important milestones

8. In the Board Resolution (cont’d) • Describe CEQA compliance • State that Basin Planning/policy adoption process is a Certified Regulatory Program • State that the SED consists of the Basin Plan amendment, Staff Report (including environmental Checklist), comments, responses to comments, and resolution • State the these documents were provided to individuals and public agencies for review and comment

9. Now Therefore Be it Resolved… That the Basin Plan is being amended That the SED meets all requirements of CEQA

10. Before the Gavel Falls…STOP! • Was new information presented that merits recirculation?

11. After State Board Approval…

12. Notice of Decision • After “final approval” of the BPA/TMDL/ policy, the Regional Board must file a Notice of Decision with the Resources Agency • We interpret “final approval” to mean OAL approval • Filing begins 30-day statute of limitations on lawsuits challenging the Board’s CEQA process • Failure to file results in a 180-day statute of limitations

13. Use of SED by Parties Implementing Compliance Projects • Agency implementing a compliance project must prepare a subsequent or supplemental environmental document, with project-level impact analysis • In some cases, may use previously adopted SED for program-level analysis • Must follow standard CEQA process

14. Questions?