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40 <br />2021 Amended and Restated WSA 17162043.1 <br />7.Reduce or terminate supply to San Jose and/or Santa Clara; <br />8.Provide additional water to Wholesale Customers in excess of the Supply <br />Assurance to meet their projected future water demands; <br />9.Offer a corresponding volumetric increase in the Supply Assurance; and <br />10.Implement the Hetch Hetchy Water and Power projects listed in <br />Attachment R-2. <br /> The Discretionary Actions may require the SFPUC or Wholesale Customers to prepare <br />environmental documents in accordance with CEQA prior to the SFPUC or the Wholesale <br />Customers determining whether to proceed with any of the Discretionary Actions. Accordingly, <br />and notwithstanding any provision of this Agreement to the contrary, nothing in this Agreement <br />commits the SFPUC or the Wholesale Customers to approve or carry out any Discretionary <br />Actions that are subject to CEQA. Furthermore, the SFPUC’s or Wholesale Customers’ <br />decisions to approve any of these Discretionary Actions are subject to the requirement that San <br />Francisco and each Wholesale Customer, as either a “Lead Agency” (as defined in Section <br />21067 of CEQA and Section 15367 of the CEQA Guidelines) or a “Responsible Agency” (as <br />defined in Section 21069 of CEQA and Section 15381 of the CEQA Guidelines) shall have <br />completed any CEQA-required environmental review prior to approving a proposed <br />Discretionary Action. <br />B.In considering any proposed Discretionary Actions, the SFPUC and Wholesale <br />Customers retain absolute discretion to: (1) make such modifications to any of the proposed <br />Discretionary Actions as may be necessary to mitigate significant environmental impacts; (2) <br />select feasible alternatives to the proposed Discretionary Actions that avoid significant adverse <br />impacts; (3) require the implementation of specific measures to mitigate the significant adverse <br />environmental impacts as part of the decision to approve the Discretionary Actions; (4) balance <br />the benefits of the proposed Discretionary Actions against any significant environmental impacts <br />before taking final actions to approve the proposed Discretionary Actions if such significant <br />impacts cannot otherwise be avoided; or (5) determine not to proceed with the proposed <br />Discretionary Actions.