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§ 3776. Roles of State Board and Regional Boards.


Barclays Official California Code of Regulations Currentness
Title 23. Waters
Division 3. State Water Resources Control Board and Regional Water Quality Control Boards
Chapter 27. Regulations for Implementation of the Environmental Quality Act of 1970
Article 6. Exempt Regulatory Programs
23 CCR § 3776
§ 3776. Roles of State Board and Regional Boards.
(a) The state board shall be the lead agency with respect to its adoption or revision of any state policy for water quality control or other plans, policies, or regulations that it adopts or revises.
(b) The regional board shall be the lead agency with respect to adoption or amendment of any of its regional water quality control plans or guidelines, as described in Water Code sections 13240 through 13244 and 13245.5. Substitute environmental documentation adopted or approved by the regional board is final upon such adoption or approval, subject to subdivision (d), below. The Notice of Decision shall be filed upon approval of the regional water quality control plan or guidelines by the state board, and if applicable, the Office of Administrative Law.
(c) Pursuant to its approval authority under Water Code sections 13245 through 13246, the state board shall review the substitute environmental documentation of the regional board, and consider the regional board's findings under section 3777 subdivisions (d), (e), and (f) . The state board may make its own findings, or may incorporate by reference the regional board's findings.
(d) Notwithstanding subdivision (c), above, the state board shall become the lead agency if, following resubmission of a regional water quality control plan or revision thereof that it has previously returned to the regional board for reconsideration, the state board revises and approves such plan pursuant to Water Code section 13245. In such event, the state board need not duplicate the CEQA processes performed by the regional board, and need not recirculate the substitute environmental documentation prepared by the regional board unless recirculation would be required pursuant to California Code of Regulations, title 14, section 15088.5.
Note: Authority cited: Section 21082, Public Resources Code. Reference: Sections 21000-21177, Public Resources Code; Sections 13140-13147 and 13240-13247, Water Code.
1. Amendment of section heading, repealer and new section and amendment of Note filed 1-19-2011; operative 2-18-2011 (Register 2011, No. 3).
This database is current through 6/24/22 Register 2022, No. 25
23 CCR § 3776, 23 CA ADC § 3776
End of Document