Section 60004.1 - Environmental Analysis Finding NO Impacts(a) Contents. The Environmental Analysis Finding No Impacts shall contain: (1) A brief description of the proposed project; and(2) Either: (A) An explanation demonstrating that the CARB's review of the project showed that the project would not have any significant or potentially significant effects on the environment and therefore no alternatives or mitigation measures are proposed to avoid or reduce any significant effects on the environment, or(B) Mitigation measures, if any, included in the project to avoid potentially significant effects that the project might have on the environment.(b) Public Review. CARB shall provide a public review period for the proposed No Impacts Environmental Analysis of at least 30 days, consistent with California Code of Regulations, title 14, section 15073, unless a shorter period is approved by the State Clearinghouse under California Code of Regulations, title 14, Section 15105(d). Public comment on either (1) a sufficiently-related change to proposed regulatory text or additional documents and/or information as set forth in section 11346.8(c) of the California Government Code, or (2) a change to a plan previously released for public comment, shall be limited to the effect of that change only, and shall not address aspects of the regulatory text or plan as originally released for public comment.(c) Consideration and Approval. The state board shall consider the proposed Environmental Analysis Finding No Impacts, together with any timely-submitted comments raising significant environmental issues regarding the environmental analysis received during the noticed public review period, prior to approval of the proposed project. The state board shall approve the proposed Environmental Analysis Finding No Impacts only if it finds on the basis of the whole record, including the comments, that there is no substantial evidence that supports a fair argument that the proposed project would have a significant or potentially significant effect on the environment. Approval by the state board of a proposed project subject to an Environmental Analysis Finding No Impacts shall occur on the date of the board meeting in which the state board approves or approves for adoption the project, consistent with California Code of Regulations, title 14, section 15352(a). The state board may, but is not required to, respond to public comments received on an Environmental Analysis Finding No Impacts.(d) Notice of Decision. CARB shall file a notice of decision with the Secretary of Natural Resources Agency after deciding to approve the project. The contents shall be consistent with the requirements of CEQA Guidelines section 15075(b).(e) Executive Officer Authority. As specified in section 60004(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 pursuant to subsection (c) above, 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 section 60004.Cal. Code Regs. Tit. 17, § 60004.1
1. New section filed 8-22-2019; operative 10-1-2019 (Register 2019, No. 34). Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 21080.5, Public Resources Code; California Code of Regulations, title 14, sections 15073, 15105, 15073.5, 15162 and 15252; and Friends of the College of San Mateo Gardens v. San Mateo County Community College District (2016), 1 Cal. 5th 937.
1. New section filed 8-22-2019; operative 10/1/2019 (Register 2019, No. 34).