New OPR Technical Advisory Lists Legislative CEQA Exemptions Found Outside Statute

On June 6, 2018, the Governor’s Office of Planning and Research (OPR) announced that it had issued a new technical advisory listing legislative CEQA exemptions located in statutes outside of Division 13 of the Public Resources Code.  The advisory contains bullet point citations to more than 50 statutes and includes an Appendix A setting forth the full text of these exemptions, most of which are not contained in the CEQA Guidelines.  The advisory notes that its list – which contains statutes codified in the Public Resources, Water, Penal, Government, Business and Professions, Education, Fish and Game, Health and Safety, Military and Veterans, and Welfare and Institutions Codes – is not exhaustive. As CEQA practitioners know, the Legislature establishes statutory CEQA exemptions for certain projects and actions for a wide range of legislative policy reasons; unlike categorical (i.e., regulatory) exemptions designated for categories of projects by the…

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