Section 60004 - General Environmental Review Provisions(a) Definitions. As used in this Article, the following definitions shall apply. (1) "CARB" means the State Air Resources Board and its staff.(2) "state board" means the governing body of the State Air Resources Board.(b) A staff report for a proposed regulation, or other state action for which a staff report is prepared under section 60003, shall include an environmental analysis if the regulation or other state action is considered a "project" under subsection (c) of this section and no exemptions apply. The environmental analysis shall be a separate chapter of, or appendix to, the staff report and shall be prepared in accordance with the requirements of Public Resources Code section 21080.5; California Code of Regulations, title 14, sections 15250-15253; and CARB's certified regulatory program as implemented through this subchapter. In developing the environmental analysis, CARB shall determine whether the proposed project may have a significant effect on the environment, and shall prepare the appropriate environmental analysis to prepare as follows: (1) If CARB determines that there is substantial evidence (as set forth in California Code of Regulations, title 14, section 15064, including subsection (f) of section 15064) that any aspect of the project, either individually or cumulatively, may have a significant effect on the environment, CARB shall do one of the following: (A) Prepare an Environmental Impact Analysis pursuant to section 60004.2, if CARB determines a new analysis is required;(B) Rely upon or tier (as set forth in California Code of Regulations, title 14, Section 15152) from a prior Environmental Impact Analysis, if CARB determines a previous analysis remains applicable to and adequate for the project; or(C) Prepare a supplemental Environmental Impact Analysis pursuant to section 60004.3, if CEQA Guidelines section 15162 applies and CARB determines a previous Environmental Impact Analysis remains applicable to the project and the addition of supplemental information would make the environmental analysis adequate as revised.(2) If CARB determines that there is no substantial evidence (as set forth in California Code of Regulations, title 14, section 15064, including subsection 15064(f)) that any aspect of the proposed project may cause a significant effect on the environment, CARB shall do one of the following: (A) Prepare an Environmental Analysis Finding No Impacts pursuant to section 60004.1., if CARB determines a new analysis is required;(B) Rely upon a prior Environmental Impact Analysis or Environmental Analysis Finding No Impacts, if CARB determines a previous analysis remains applicable to and adequate for the project; or(C) Prepare a supplemental Environmental Analysis Finding No Impacts pursuant to section 60004.3, if CEQA Guidelines section 15162 applies and CARB determines a previous Environmental Analysis Finding No Impacts remains applicable to the project and the addition of supplemental information would make the environmental analysis adequate as revised.(3) If CARB determines that a certified Environmental Impact Analysis or adopted Environmental Analysis Finding No Impacts requires minor changes or additions to the information contained in the previous document and CEQA Guidelines section 15162 does not apply, CARB may prepare an addendum to the Environmental Impact Analysis or to the Environmental Analysis Finding No Impacts pursuant to 60004.4.(c) The term "project" has the same meaning as set forth in California Code of Regulations, title 14, section 15378. The following activities do not constitute a "project": (1) Proposals for legislation to be enacted by the State Legislature;(2) Continuing administrative or maintenance activities, such as purchases for supplies, personnel-related actions, general policy and procedure making;(3) The creation of government funding mechanisms or other government fiscal activities, which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, pursuant to California Code of Regulation, title 14, section 15378(b)(4);(4) Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment;(5) Approval of planning documents that contain no commitment to a course of action by the state board, including planning documents discussing actions to be taken by other agencies that do not require CARB approval and where CARB lacks authority to require such actions to be taken;(6) "Ministerial Projects" as defined in California Code of Regulations, title 14, section 15268, including activities for which by law CARB exercises little to no discretionary authority to alter or modify the project to address environmental impacts and CARB's role is limited to determining conformity to fixed, objective standards. This includes but is not limited to:A. Approval of those air district-submitted State Implementation Plans which CARB by law may not unilaterally modify; andB. Certification of vehicles, engines, or other components under established regulatory standards.(7) CARB activities that otherwise do not qualify as a "project" per Public Resources Code 21065 and California Code of Regulations, title 14, section 15378.(d) Review for Exemption. The following subsections provide examples of activities which generally do not meet the definition of a project, or that fall within exempt classes under CEQA. In addition to the exemptions set forth below, all other exemptions set forth under CEQA shall also apply to any CARB activities which may qualify for such exemptions. Unless the provisions of California Code of Regulations, title 14, section 15300.2 apply, no environmental analysis is generally required for the following projects and activities: (1) Projects that are within the "Common Sense Exemption" in California Code of Regulations, title 14, section 15061(b)(3), including but not limited to: A. Assembly Bill 32 (Nuͱez, Stats. 2006) Cost of Implementation Fee; andB. Mandatory Greenhouse Gas Reporting regulation (MRR), California Code of Regulations, title 17, section 95100 et seq.(2) Activities that are within the Class 1 exemption (California Code of Regulations, title 14, section 15301) for existing facilities, replacement or reconstruction, new construction or conversion of small structures, and minor alterations to land; the Class 2 exemption (California Code of Regulations, title 14, section 15302) for replacement or reconstruction of existing structures or facilities exemptions; the Class 3 exemption (California Code of Regulations, title 14, section 15303) for new construction or conversion of small structures; the Class 4 exemption (California Code of Regulations, title 14, section 15304) for minor alterations to land; and/or the Class 11 exemption (California Code of Regulations, title 14, section 15311) for accessory structures, including but not limited to:A. Grants for clean transportation projects (electric vehicle chargers and/or hydrogen charging stations, electric vehicles and/or hydrogen-fueled vehicles);B. Approvals incentivizing construction of new vehicle charging or fueling stations; andC. Grants for community air monitoring projects that involve minor construction or alterations to land.(3) Activities that are within the Class 6 exemption (California Code of Regulations, title 14, section 15306) for information collection; the Class 14 exemption (California Code of Regulations, title 14, section 15314) for minor addition to schools; and/or the Class 22 exemption (California Code of Regulations, title 14, section 15322) for educational or training programs involving no physical changes to the area, including but not limited to:A. Grants for community engagement projects and community air monitoring projects (that may involve minor construction or minor alterations to land).(4) Activities that are within the Class 7 exemption (California Code of Regulations, title 14, section 15307) for actions taken for protection of natural resources.(5) Activities that are within the Class 8 exemption (California Code of Regulations, title 14, section 15308) actions taken for protection of the environment where the activity involves procedures for protection of the environment.(6) Activities that are within the Class 21 exemption (California Code of Regulations, title 14, section 15321) enforcement actions, including but not limited to:A. CARB enforcement actions for violations of federal law, state law, CARB regulations, or district regulations.(7) Feasibility or planning studies for possible future actions which CARB has not approved, adopted or funded, as set forth in California Code of Regulations, title 14, section 15262.(e) For projects subject to the rulemaking proceedings under the California Administrative Procedure Act (Government Code, section 11340 et seq.), the state board may, after it approves of the project, delegate to the Executive Officer the authority to both (1) either approve or disapprove proposed changes in the regulatory language under Government Code section 11346.8(c), and (2) conduct any appropriate further environmental review associated with such changes, consistent with this section 60004.(f) Notice of Exemption. CARB may prepare and file a Notice of Exemption with the Secretary of Natural Resources Agency and/or the State Clearinghouse when it approves or determines to carry out a project exempt from CEQA.(g) Tiering. CARB may tier its environmental analyses using the principles set forth in California Code of Regulations, title 14, section 15152, and other tiering-related provisions in CEQA.Cal. Code Regs. Tit. 17, § 60004
1. Renumbering of former section 60004 to section 60007 and new section 60004 filed 8-22-2019; operative 10-1-2019 (Register 2019, No. 34). Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 21080 and 21080.5, Public Resources Code; California Code of Regulations, title 14, sections 15061, 15062, 15063, 15268, 15300-15333, 15352 and 15378; Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2016) 1 Cal. 5th 937; and Save Tara v. City of W. Hollywood (2008) 45 Cal. 4th 116.
1. Renumbering of former section 60004 to section 60007 and new section 60004 filed 8-22-2019; operative 10/1/2019 (Register 2019, No. 34).