Streamlining Restoration: Understanding California's CEQA Statutory Exemption for Restoration Projects (SERP)
California is dedicated to preserving its diverse ecosystems and abundant wildlife. Recognizing the critical need for efficient environmental restoration, the state has implemented the California Environmental Quality Act (CEQA) Statutory Exemption for Restoration Projects (SERP). This initiative, coordinated by the California Department of Fish and Wildlife's (CDFW's) Cutting the Green Tape (CGT) Program, aims to accelerate the pace and scale of vital restoration work while maintaining environmental safeguards.
What is the CEQA Statutory Exemption for Restoration Projects (SERP)?
The CEQA Statutory Exemption for Restoration Projects (SERP), established under California Public Resources Code section 21080.56, allows certain restoration projects to be exempt from the often lengthy and complex CEQA review process. This exemption applies specifically to projects that focus on conserving, restoring, protecting, or enhancing California's native fish, wildlife, and their habitats. Senate Bill (SB) 174, signed on July 2, 2024, extends SERP through January 1, 2030.
Key Benefits of SERP
- Accelerated Restoration: By streamlining the environmental review process, SERP enables faster implementation of crucial restoration projects.
- Increased Efficiency: Reduced administrative burdens allow resources to be directed toward on-the-ground restoration efforts.
- Support for Biodiversity: SERP prioritizes projects that improve climate resilience, biodiversity, and the recovery of sensitive species.
Qualifying for the SERP Exemption
To qualify for the SERP exemption, projects must meet specific criteria outlined in Public Resources Code section 21080.56:
- Primary Focus: The project must exclusively conserve, restore, protect, or enhance California native fish and wildlife and their habitats.
- Incidental Public Benefits: The project may have incidental public benefits, such as public access and recreation.
- Long-Term Net Benefits: The project must result in long-term net benefits to climate resiliency, biodiversity, and sensitive species recovery.
- Environmental Protection: The project must include procedures and ongoing management for the protection of the environment.
- Limited Construction: Construction activities are limited to those solely related to habitat restoration.
The SERP Process: A Collaborative Approach
The SERP process emphasizes collaboration between the CEQA Lead Agency and the CDFW. Here's a breakdown of the key steps:
- Lead Agency Determination: The CEQA Lead Agency independently determines if the statutory exemption applies to the project.
- CDFW Concurrence Request: The Lead Agency seeks concurrence from the CDFW Director, providing substantial evidence and the best available science to support their determination.
- CDFW Review: CDFW reviews the request and may consult with the Lead Agency for additional information or clarification.
- Director Concurrence: The CDFW Director, based on the evidence provided, either concurs or non-concurs with the Lead Agency's determination.
- Public Notice: Within 48 hours of a determination, the Lead Agency files a notice with the Office of Planning and Research, and CDFW posts the concurrence on its website.
- Ongoing Compliance: The project remains subject to all other applicable federal, state, and local laws and regulations.
The Importance of Pre-Concurrence Consultation
CDFW strongly encourages Lead Agencies to consult with CDFW staff early in the planning process. These consultations offer several benefits:
- Discuss Project Objectives: Clarify project goals and ensure alignment with SERP criteria.
- Avoid Unnecessary Delays: Identify potential issues early on and address them proactively.
- Develop Strong SERP Determinations: Receive guidance on preparing comprehensive and well-supported concurrence requests.
To request a SERP Consultation, contact the Cutting the Green Tape Regional Support Staff or send an email to [email protected].
Examples of SERP Projects
Several restoration projects have successfully utilized the SERP exemption. Here are a few examples:
- Capinero Creek Restoration Project, Tulare County: Implemented by the Pixley Irrigation District, this project focuses on restoring the natural flow and habitat along Capinero Creek.
- Santa Monica Beach Dunes Restoration Project – Phase 3, Los Angeles County: Led by the City of Santa Monica, this project aims to restore and enhance the coastal dune ecosystem.
- Lodge Road Wildfire Resilience and Large Tree Restoration Demonstration Project, Santa Cruz County: Implemented by the California Department of Parks and Recreation, this project demonstrates strategies for wildfire resilience and forest restoration.
More examples of Lead Agency Determinations and SERP Concurrences can be found here.
Additional Permitting Considerations
While SERP provides an exemption from CEQA, it is crucial to remember that projects must still comply with all other applicable permits and regulations. This may include:
- County grading permits
- CDFW authorizations (e.g., Lake or Streambed Alteration Agreements, California Endangered Species Act take authorization)
- California Coastal Act compliance
- U.S. Fish and Wildlife Service or National Marine Fisheries Service take authorization
- Clean Water Act section 401 or 404 permits
Project proponents are responsible for obtaining all necessary permits before commencing any work.
Conclusion
The CEQA Statutory Exemption for Restoration Projects (SERP) represents a significant step forward in California's efforts to expedite and enhance environmental restoration. By streamlining the CEQA process for qualifying projects, SERP enables faster action, increased efficiency, and greater support for the state's valuable ecosystems and wildlife. Lead agencies are encouraged to utilize this valuable tool and engage with CDFW to ensure successful and impactful restoration outcomes.
For further information, please see the SERP Overview page on the CDFW website.
