History and Purpose of the California Environmental Quality Act
Since 1970, California law has required that the environmental effects of projects be assessed and known to decision-makers before that project proceeds to construction or development. The set of laws that govern this process is called CEQA, or the California Environmental Quality Act
CEQA and Napa County Agriculture
CEQA applies to many agricultural projects in Napa County, which meet the definition of a project. Typically, agricultural projects subject to CEQA involve earthmoving activities that take place on slopes of 5% or more. Agricultural projects which are not subject to CEQA are typically vineyard replants that are subject to the County´s Track II process. Once it has been determined that the agricultural project is subject to CEQA, the process described below is followed.
Summary of the CEQA Process
CEQA applies to all activities, which the statute defines as a "project" whether a private party or a government agency undertakes it. Replanting of vineyards in the same foot print and processed through the County´s Track II process is not considered a project under CEQA. Once an activity has been determined to be a project under CEQA, the activity may not commence until the CEQA process has been completed. Agricultural activities under some circumstances are projects under CEQA.
The CEQA process begins with the preparation of an Initial Study in which the staff evaluates the potential environmental effects of the agricultural activity on such resources as rare/endangered plants and animals, archeological resources, streamside vegetation. Projects that either do not impact these resources or have impacts, which can be reduced to less than significant levels are cleared for, permit approval. Those activities, which might have significant or potentially significant effects on any of the above resources, are required to prepare an Environmental Impact Report, a much more rigorous evaluation of the project and alternatives to the project. Typically, 90 days is necessary to complete the CEQA process if no significant impacts are found. Preparation of an EIR takes up to one (1) year to complete.
The Department is in the process of completing CEQA analysis for some 80 agricultural projects for which erosion control plans have been prepared and which do not involve the Track II process. The project may not proceed until the CEQA process has been completed.
Jeffrey Redding
Director
Napa County Conservation, Development and Planning Department