Section 60004.2 - Environmental Impact Analysis(a) Contents. The Draft and Final Environmental Impact Analyses shall contain the following: (1) A description of the project;(2) A description of the applicable environmental and regulatory setting for the project;(3) A discussion and consideration of environmental impacts, adverse or beneficial, and feasible mitigation measures which could minimize significant adverse impacts identified;(4) A discussion of cumulative and growth-inducing impacts, and any mandatory findings of significance per California Code of Requlations, title 14, section 15065; and(5) A discussion of a reasonable range of alternatives to the proposed project, which could feasibly attain most of the project objectives but could avoid or substantially lessen any of the identified significant impacts, consistent with California Code of Regulations, title 14, section 15126.6.(b) Public Review Period. (1) Public Notice. CARB shall provide public notice of the availability of a draft Environmental Impact Analysis at the same time it sends a notice of completion to the Office of Planning and Research. The public notice shall include the information set forth in section 21092(b)(1) of the Public Resources Code.(2) Public Comment. CARB shall make the draft Environmental Impact Analysis available for public review and public comment for 45 days. Comments shall be submitted as provided in the notice; comments not submitted as provided in the notice are not validly submitted, and may be, but are not required to be, responded to by the state board. Public comment on a sufficiently-related change to proposed regulatory text as set forth in section 11346.8(c) of the California Government Code, or on 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.(3) Response to Public Comment. CARB shall evaluate comments on environmental issues received during the noticed comment period and shall respond as follows: (A) Comments received during the noticed public comment period regarding environmental impacts that may result from the proposed project shall be considered, and a written response shall be prepared where required by section 15088 of title 14 of the California Code of Regulations.(B) CARB may, but is not required to, respond to late comments made outside the noticed comment period.(C) When responding to a comment raising significant environmental impacts from a public agency, a written proposed response shall be provided to that agency at least 10 days prior to certifying an Environmental Impact Analysis.(D) The response to comment may be prepared in the form of (1) a revision to the draft Environmental Impact Analysis, (2) a separate section in or attachment to the Final Environmental Impact Analysis, or (3) a separate response to comments document.(E) The response to comment shall include the following:1. Comments and recommendations concerning significant environmental issues received during the noticed public review period on the draft Environmental Impact Analysis, either verbatim or in summary;2. A list of persons, organizations, and public agencies commenting on the draft Environmental Impact Analysis during the noticed public review period; and3. The responses to significant environmental issues raised during the noticed public review period.(4) Distribution to State Agencies. CARB will use the State Clearinghouse to distribute copies of the draft Environmental Impact Analysis to state agencies for review.(5) Preparation of Final Environmental Impact Analysis. CARB shall prepare a final Environmental Impact Analysis, which may include the responses to comments as provided in (b)(3)(D) above (if the responses to comment are not instead included in a separate document or as an attachment as also provided in (b)(3)(D) above), and shall include any other information added by CARB, as necessary.(6) Hearings. Hearings by the state board are encouraged, but not required by this subchapter. If a state board hearing is held, the state board may vote on a resolution that directs staff to make direct changes or prepare written responses to environmental comments, and in such case shall direct staff to schedule a subsequent hearing for the state board's consideration of the final proposal for approval.(c) Consideration and Certification of Final Environmental Impact Analysis and Project Approval. (1) Prior to approving a project, the state board shall consider the Final Environmental Impact Analysis and certify that: (A) the Final Environmental Impact Analysis has been completed in compliance with the certified regulatory program and CEQA;(B) the Final Environmental Impact Analysis was presented to the state board and the state board reviewed and considered the information contained in the Final Environmental Impact Analysis prior to approving the project; and(C) the Final Environmental Impact Analysis reflects the state board's independent judgment and analysis.(2) After considering the Final Environmental Impact Analysis and any responses to comments prepared by CARB staff and certifying the Final Environmental Impact Analysis, the state board may decide whether or how to approve or carry out the project. The state board shall not decide to approve or carry out a project for which an Environmental Impact Analysis was prepared unless either: (A) The project as approved will not have a significant effect on the environment, or(B) CARB has eliminated or substantially lessened all significant effects on the environment where feasible (as that term is defined in Public Resources Code § 21061.1 and California Code of Regulations, title 14, section 15364); and determined that no feasible alternatives or mitigation measures are available that would substantially lessen any remaining significant adverse effect that the activity may have on the environment, and that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding considerations.(3) Approval by the state board of a proposed project subject to an Environmental Impact Analysis 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).(d) Notice of Decision. The state board 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 15094(b). A courtesy copy of the Notice of Decision may also be filed with the State Clearinghouse.(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, delegate to the Executive Officer the authority to both (1) either approve or disapprove proposed changes in 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, § 60004.2
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; and California Code of Regulations, title 14, sections 15082, 15087, 15088, 15088.5, 15090 and 15092.
1. New section filed 8-22-2019; operative 10/1/2019 (Register 2019, No. 34).