4. Environmental Review

The California Environmental Quality Act (Public Resources Code Sections 21000, et seq., hereafter "CEQA") applies to discretionary projects to be carried out or approved by public agencies. A basic purpose of CEQA is to "inform governmental decision-makers and the public about the potential, significant environmental effects of the proposed activities." (Title 14 of the California Code of Regulations, hereinafter "CEQA Guidelines," Section 15002.)

Since the proposed project is subject to CEQA and the Commission must issue a discretionary decision without which the project cannot proceed (i.e., the Commission must act on the § 851 application), this Commission must act as either a Lead Agency or a Responsible Agency under CEQA. The Lead Agency is the public agency with the greatest responsibility for supervising or approving the project as a whole (CEQA Guidelines, Section 15051(b)).

Here, MOD is the Lead Agency for the project under CEQA. The Commission is a Responsible Agency for this proposed project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project that is subject to its discretionary approval. In particular, the Commission must consider the Lead Agency's environmental documents and findings before acting upon or approving the project (CEQA Guidelines, Section 15050(b)). The specific duties of a Responsible Agency are contained in CEQA Guidelines, Section 15096.

MOD staff analyzed the purchase of PG&E electrical distribution equipment and addition of equipment necessary to connect the PG&E facilities to the MOD electrical system, and found the activities to be consistent with Categorical Exemptions pursuant to CEQA Guidelines, Sections 15301, 15303, and 15311.

On December 17, 2002, MOD staff presented their findings of exemption from CEQA to the MOD Board of Directors, who subsequently acted on their discretionary authority and approved the project under Resolution No. 2002-186.

On December 20, 2002, MOD filed a notice of exemption with the County of San Joaquin pursuant to CEQA Guidelines, Section 15062.

We have reviewed MOD's environmental documents and find them adequate for our decision-making purposes. We adopt MOD's finding that the project is exempt from CEQA for purposes of our approval.