IV. Environmental Review

The California Environmental Quality Act (CEQA, Public Resources Code Section 21000 et seq.) applies to discretionary projects to be carried out or approved by public agencies. The 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, hereafter CEQA Guidelines, Section 15002.)

Since the Commission must issue a discretionary decision (i.e., grant Section 851 authority) in order for the proposed activity to proceed, the Commission must act as either a Lead or 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)). The Commission is the Lead Agency for this project under CEQA. CEQA requires that the Commission consider the environmental consequences of a project that is subject to its discretionary approval.

Here, the 12-month lease extension does not change the amount or the use of space of that is currently leased to ADP. The remainder of the building not leased to ADP is used to provide information technology service to SDG&E and SoCalGas as a utility-shared service.

SDG&E requests that the Commission find that the lease extension is exempt from CEQA review as a Class 1 categorical exemption under CEQA Guidelines Section 15301. Section 15301 provides an exemption for leasing of existing facilities involving negligible or no expansion of an existing use at the time of the lead agency's determination. SDG&E states that ADP will continue to use its existing office space and no physical changes to the facilities are anticipated as part of this lease extension. Consistent with our guidance provided in
D.04-07-021, we agree that the use of existing facilities which involves no construction of change in its use is exempt from CEQA review under CEQA Guideline Section 15301.