1. (a) Procedure for Developing and Public Review of Administrative Record. CARB shall prepare and keep an administrative record of the proceedings during which an environmental analysis is prepared.

2. (b) Contents. For a rulemaking item, the rulemaking record as specified in section 11347.3 of the California Government Code will generally also constitute the CEQA administrative record for that item under section 21167.6 of the California Public Resources Code. The administrative record for a non-rulemaking item shall generally include all documents relied upon by the state board in making its decision on the project. The administrative record shall include external studies and any internal communications that were actually relied upon for decision-making by the state board, information submitted to CARB, and any other information required by law to be considered by the state board in making its decision. However, notwithstanding the above, and to the extent consistent with section 21167.6 of the Public Resources Code, the administrative record need not include any documents that are privileged or otherwise not relied upon by the state board in making its decision on the project, including, without limitation, documents that:

   1. (1) Would cause CARB to abrogate its attorney-client privileges or work product doctrine;
   2. (2) Are currently subject to the deliberative process privilege; or
   3. (3) Constitute administrative drafts of environmental documents, working drafts or papers concerning environmental documents, draft staff reports, internal staff-level emails or similar correspondence, and other preliminary documents.

Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 21080.5, Public Resources Code; and Section 11347.3, Government Code.

History

1. Renumbering of former section 60005 to new section 60003 and new section 60005 filed 8-22-2019; operative 10-1-2019 (Register 2019, No. 34).