MBUAPCD APPENDIX F DISTRICT CEQA GUIDELINES
LAST REVISED 08/30/89


RULES AND REGULATIONS

APPENDIX F


GUIDELINES FOR DISTRICT ACTIVITIES UNDER

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)

Adopted April 29, 1987

Revised August 30, 1989

I.  Introduction

The California Environmental Quality Act (hereafter, CEQA) was enacted by the Legislature to provide mandatory mechanisms by which governmental decision-makers review proposed activities for potential significant environmental effects and inform the public of their findings.  CEQA is codified in the Public Resources Code at sections 21000 et seq.  Pursuant to CEQA, the Secretary for Resources has promulgated State CEQA Guidelines, which are regulations implementing CEQA and which are binding upon all public agencies in California.  The State CEQA Guidelines are codified in Title 14 of the California Administrative Code (hereafter, 14 CAC) at sections 15000 et seq.

Both CEQA and the State Guidelines set requirements which are mandatory upon all California public agencies.  The District Guidelines herein interpret CEQA and the State Guidelines as they apply to the activities of the Monterey Bay Unified Air Pollution Control District (hereafter, the District) and set forth the means by which the District shall implement those requirements.

The CEQA requirements (meaning the requirements of both CEQA and the State Guidelines) apply to discretionary agency action involving either activities undertaken directly by an agency, activities financed by an agency, or activities requiring agency approval.  There are three functions performed by the District which in some cases may require compliance with the CEQA requirements:  permit issuance, rulemaking, and certain Hearing Board adjudications.  These District Guidelines set forth the District's application of CEQA requirements to permit issuance and rulemaking activities, while implementation of the CEQA requirements applicable to Hearing Board adjudications is within the province of the Hearing Board to adopt.



II.  Permit Issuance

In undertaking its permit activities pursuant to District Regulation II, the District shall be guided by the following guidelines in complying with CEQA requirements.

III.  Rulemaking

In adopting or revising District Rules and Regulations, the District shall be guided by the following guidelines in complying with CEQA requirements.

IV.  Implementation

CEQA and the State CEQA Guidelines are mandatory upon the District, setting forth the substantive and procedural requirements which all public agencies must comply with to accomplish the legislative objectives of investigating, evaluating, and disclosing the possible environmental consequences of certain agency actions.  These District Guidelines augment CEQA and the State Guidelines by interpreting those requirements and applying them to the particular functions performed by this District.  As such, these District Guidelines shall be implemented by the District as of the date they are adopted by the District Board.

To facilitate the District's implementation of these Guidelines, the District shall prepare proposed rules and rule revisions as necessary to assure thorough and expeditious CEQA review of permit applications, and shall present such proposed rules for Board consideration in the near future.

1. But see section 15040 discussing limitations on District authority.