Section 3777 - Substitute Environmental Documentation: Requirements for Adoption or Approval of Plans or Policies(a) Any water quality control plan, state policy for water quality control, and any other components of California's water quality management plan as defined in Code of Federal Regulations, title 40 sections 130.2(k) and 130.6, proposed for board approval or adoption must include or be accompanied by Substitute Environmental Documentation (SED) and supported by substantial evidence in the administrative record. The Draft SED may be comprised of a single document or a compilation of documents. The Draft SED must be circulated prior to board action approving or adopting a project, as specified in sections 3778 and 3779. The Draft SED shall consist of: (1) A written report prepared for the board, containing an environmental analysis of the project;(2) A completed Environmental Checklist, a sample of which is contained in Appendix A to this Chapter. The sample Environmental Checklist may be modified as appropriate to meet the particular circumstances of a project. The issues identified in the Environmental Checklist must be evaluated in the checklist or elsewhere in the SED; and(3) Other documentation as the board may include.(b) The Draft SED shall include, at a minimum, the following information: (1) A brief description of the proposed project;(2) An identification of any significant or potentially significant adverse environmental impacts of the proposed project;(3) An analysis of reasonable alternatives to the project and mitigation measures to avoid or reduce any significant or potentially significant adverse environmental impacts; and(4) An environmental analysis of the reasonably foreseeable methods of compliance. The environmental analysis shall include, at a minimum, all of the following: (A) An identification of the reasonably foreseeable methods of compliance with the project;(B) An analysis of any reasonably foreseeable significant adverse environmental impacts associated with those methods of compliance;(C) An analysis of reasonably foreseeable alternative methods of compliance that would have less significant adverse environmental impacts; and(D) An analysis of reasonably foreseeable mitigation measures that would minimize any unavoidable significant adverse environmental impacts of the reasonably foreseeable methods of compliance.(c) In the preparation of the environmental analysis contained in subdivision (b)(4), the board may utilize numerical ranges or averages where specific data are not available; however, the board shall not be required to engage in speculation or conjecture. The environmental analysis shall take into account a reasonable range of environmental, economic, and technical factors, population and geographic areas, and specific sites, but the board shall not be required to conduct a site-specific project level analysis of the methods of compliance, which CEQA may otherwise require of those agencies who are responsible for complying with the plan or policy when they determine the manner in which they will comply.(d) As to each impact identified in subdivisions (b)(2) and (b)(4)(B), the SED shall contain findings as described in State CEQA Guidelines section 15091, and if applicable, a statement described in section 15093.(e) If the board determines that no fair argument exists that the project could result in any reasonably foreseeable significant adverse environmental impacts, the SED shall include a finding to that effect in lieu of the analysis described in subdivision (b)(3).(f) If the board determines that no fair argument exists that the reasonably foreseeable methods of compliance with the project could result in any reasonably foreseeable significant adverse environmental impacts, the SED shall include a finding to that effect in lieu of the analysis described in subdivisions (b)(4)(C) and (b)(4)(D).Cal. Code Regs. Tit. 23, § 3777
1. Amendment of section heading, section and NOTE filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3). Note: Authority cited: Section 21082, Public Resources Code. Reference: Reference: Sections 21080.5 and 21159, Public Resources Code.
1. Amendment of section heading, section and Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).