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Item 15 - On-Call Environmental Review Services for Federally Funded Programs
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Item 15 - On-Call Environmental Review Services for Federally Funded Programs
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Agenda Packet
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Clerk of the Council
Item #
15
Date
7/6/2021
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RFP #21-017: On-Call Environmental Review Services for the <br />Housing Division <br /> City of Santa Ana Community Development Agency <br /> <br />5 <br /> 63675 <br /> <br /> <br />the economy and return Americans to work, while providing appropriate protection for public health and safety, natural <br />resources, and the environment, as required by law. The leaders of all agencies are directed to use, to the fullest extent <br />possible and consistent with applicable law, emergency procedures, statutory exemptions, categorical exclusions, <br />analyses that have already been completed, and concise and focused analyses, consistent with NEPA, the Council for <br />Environmental Quality’s NEPA regulations, and agencies’ NEPA procedures. With this knowledge, Chambers Group staff <br />will pursue streamlined NEPA processes and push project timelines to the greatest extent possible to take full advantage <br />of the allowances under EO 13927. <br />Council on Environmental Quality Revisions to NEPA Rules <br />On July 16, 2020, the Council on Environmental Quality (CEQ) published their final rule to update the regulations for <br />Federal agencies to implement NEPA for the first time in 40 years. The final rule revises, modernizes, and clarifies the <br />regulations with the intention to facilitate more efficient, effective, and timely NEPA reviews by Federal agencies in <br />connection with proposals for agency action. Some key changes to NEPA involve the use of CEs, as well as cumulative <br />impacts and GHG analyses. The final rule provides that agencies may use CEs to define actions that normally do not <br />have a significant effect and may adopt another agency’s CE determination or portions thereof if the two actions subject <br />to the determinations are substantially similar. Additionally, the cumulative impacts analysis is no longer required as <br />part of a NEPA review. With respect to GHG, CEQ explains in the preamble to the final rule that “the analysis of the <br />impacts on climate change will depend on the specific circumstances of the proposed action” and that agencies “will <br />consider predictable trends in the area in the baseline analysis of the affected environment.” Although cumulative <br />impact analyses are not required, CEQ clarified that consideration of the cumulative and indirect effects of climate <br />change are not precluded by the final rule. <br />NEPA Literature Review and Scoping Meeting(s) <br />After receiving a NTP from the City, Chambers Group will be prepared to meet with the City and project Applicant(s), <br />when applicable, at a Project Initiation/Kick-off Meeting to discuss the project. Chambers Group will receive project <br />plans, and other project related information and studies. This information will be reviewed in order to determine the <br />appropriate NEPA documentation to be prepared. Chambers Group will assist City Staff in developing scoping meetings <br />and identify the appropriate responsible/trustee agencies and other relevant stakeholders should the project require <br />these meetings (such as during the preparation of an EIS. While it is not necessary to conduct scoping meetings during <br />the preparation of Environmental Assessment, this could be helpful in data collection for a project. <br />NEPA Documents <br />Categorical Exclusion (CE) <br />There are certain conditions under which NEPA does not apply to an action. These conditions include, but are not <br />limited to statutory exemptions, emergencies, and classified information. Any of these, and some additional exempted <br />actions, may involve the City to some degree, by way of location of the action within the City. Thus, the City may have <br />a role in the NEPA process as a Review Agency, or as a Lead or Co-Lead Agency. As such, the City may be responsible <br />for preparation of some type of record of environmental consideration, documenting the applicability of the NEPA CE. <br />Environmental Assessment / Findings of No Significant Impact (EA/FONSI) <br />An EA is to be a concise public document that focuses on those environmental areas where potential adverse impacts <br />are anticipated. It will provide sufficient evidence and analysis to determine whether or not an EIS is required. The EA <br />would be limited to an analysis of potential significant environmental issues which area identified through a scoping <br />process with the public and review agencies. The EA will include brief descriptions of the need for the proposed project, <br />alternatives to the proposed project, the environmental impacts of the proposed project and its alternatives, and a <br />listing of agencies and persons consulted. Based on the Final EA, Chambers Group will prepare the FONSI that outlines <br />the reasons why the federal agency has concluded that no significant environmental impacts would result from <br />implementation of the proposed action. The FONSI will inform the decision record for the federal agency. <br />EAs and Compliance Findings - 24 CFR Part 580 <br />Chambers Group will prepare an EA in accordance with HUD’s format for EA Determinations and Compliance Findings <br />for HUD-assisted Projects (24 CFR Part 58). <br />EXHIBIT 2
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