6. California Environmental Quality Act
CEQA applies to discretionary projects to be carried out or approved by a public agency, such as the Commission. The basic purpose of CEQA is to "inform governmental decision-makers and the public about the potential significant environmental effects of the proposed activities." Cal. Code Regs., Tit. 14, § 15002. CEQA requires the Commission to act as the Lead Agency for purposes of considering the environmental consequences of projects subject to its discretionary approval. Cal. Code Regs., Tit. 14, § 15051. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole. Cal. Code Regs., Tit. 14, § 15051(b). Here, the Commission is the Lead Agency under CEQA.
Applicant is not requesting approval for any specific construction or extension of its facilities in this proceeding. Nor is Applicant seeking authority to construct new telecommunication facilities within existing rights-of-way without obtaining Commission approval. We denied this type of request in D.07-06-001. Instead, Applicant is seeking authority to undertake certain construction activities that it believes are exempt from CEQA subject to the 21-day process for obtaining review and approval of such construction by the Commission ED staff.
According to the application, Applicant's proposed construction activities will primarily consist of: 1) installation of new fiber, conduit, and poles,
2) small-scale trenching and underground conduit installation, and 3) micro-trenching and installation of laterals. These activities will generally take place in existing PROW and utility easements in urban areas. Applicant states that these activities involve the construction of reasonably short utility extensions and the installation of a limited number of poles, and that most of the ground-disturbing activity will be limited to minor trenching and backfilling in heavily developed urban and suburban areas.
We have granted other carriers authority to rely upon the 21-day review process to determine if a proposed project is exempt from CEQA. See, e.g., ClearLinx Network Corporation (D.06-04-063), New Path Networks, LLC
(D.06-04-030), CA-CLEC LLC (D.06-04-067), Sunesys, Inc. (D.06-06-047), NextG Networks of California, Inc. (D.07-04-045), Broadband Associates International (D.07-08-026), and Trillion Partners, Inc. (D.07-11-028).
Applicant claims that these full facilities-based construction projects will most likely fall within various exemptions to CEQA.6 The Commission, as Lead Agency, must evaluate the availability of any claimed exemption from CEQA and direct any additional CEQA review that may be necessary. By this decision, we make the expedited 21-day process for CEQA review available to Applicant.
6 For example, Applicant states that one or more of the following categorical exemptions under CEQA may apply to these projects:
1) Class 3 Exemption: Construction including water main, sewage, electrical and other utility extensions of reasonable length to serve such construction. According to Applicant, this exemption includes construction of limited numbers of new small facilities or utility extensions. 14 CCR Section 15303.
2) Class 4 Exemption: Minor public or private alterations in the condition of land, water, and/or vegetation which do not involve the removal of healthy, mature scenic trees except for forestry and agricultural purposes. According to Applicant, this exemption includes the filling of earth into previously excavated land with material compatible with the natural features of the site and minor trenching and backfilling when the surface is restored. 14 CCR Section 15304.
3) Class 32 ("In Fill") Exemption: This exemption applies when: a) the projects are consistent with the applicable general plan designation and applicable general plan policies and zoning designation and regulations; b) proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; c) the project site has no value as habitat for endangered, rare or threatened species, d) approval of the project would not result in significant impacts related to traffic noise, noise, air quality, or water quality, and e) the site can be adequately served by all required utilities and public services. 14 CCR 15332.
