Cal. Code Regs. tit. 17 § 60004.3

Current through Register 2024 Notice Reg. No. 23, June 7, 2024
Section 60004.3 - Supplemental Environmental Impact Analysis and Supplemental Environmental Analysis Finding NO Impacts
(a) General. A Supplemental Environmental Impact Analysis may be prepared where any of the circumstances set forth in section 15162(a) of title 14 of the California Code of Regulations exist. A Supplemental Environmental Analysis Finding No Impacts may be prepared where provided by section 15162(b) of title 14 of the California Code of Regulations.
(b) Contents. The Supplemental Environmental Impact Analysis or Supplemental Environmental Analysis Finding No Impacts shall contain only the information necessary to make the previous environmental analysis adequate for the project as revised.
(c) Public Review. A Supplemental Environmental Impact Analysis or Supplemental Environmental Analysis Finding No Impacts shall be given the same kind of notice and public review as is given to a draft Environmental Impact Analysis as specified in section 60004.2(b) or 60004.1(b), respectively.
(d) Consideration and Approval. Before deciding to approve the project, the state board shall consider the Supplemental Environmental Impact Analysis or Supplemental Environmental Analysis Finding No Impacts, along with the previous environmental analysis as revised by the Supplemental Environmental Impact Analysis or Supplemental Environmental Analysis Finding No Impacts. Approval by the state board of a proposed project subject to a Supplemental Environmental Impact Analysis or Supplemental 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). To the extent this subsection requires actions to be undertaken by the state board, those requirements shall not apply where the relevant actions are instead undertaken by the Executive Officer under delegation from the state board to carry out changes in regulatory language pursuant to Government Code section 11346.8(c). The requirements for such actions are specified in sections 60004(e), 60004.1(e), 60004.2(e), 60004.3(f), and 60004.4(e), as applicable.
(e) 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.
(f) 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, delegate to the Executive Officer the authority to both (1) either approve or disapprove proposed changes in the 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, § 60004.3

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 15162 and 15163; and Friends of the College of San Mateo Gardens v. San Mateo County Community College District, Cal. Supreme Court, Case No. S 214061 (September 19, 2016), 1 Cal. 5th 937.

1. New section filed 8-22-2019; operative 10/1/2019 (Register 2019, No. 34).