California Code of Regulations
Title 22 - Social Security
Division 7 - Health Planning and Facility Construction
Chapter 1 - Health Planning and Resources Development
Article 12 - Procedures and Requirements Relating to the California Environmental Quality Act
Section 90955 - Categorical Exemption

Universal Citation: 22 CA Code of Regs 90955

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) The following list summarizes, within relevant categories established in Title 14, California Administrative Code, commencing with Section 15101, types of projects which are or may be subject to Certificate of Need requirements but which are categorically exempt from the requirements of CEQA. These types of projects involve no significant environmental impacts.

(1) Class 1: existing facilities. This class consists of the operation, repair, maintenance, or minor alteration of existing structures, facilities, equipment, or topographical features, involving little or no expansion of use.
(A) Change of facility bed classification.

(B) Change of license category.

(C) Establishment of a new service within an existing facility, utilizing existing buildings.

(D) Acquisition of equipment to be used within existing buildings.

(E) Acquisition by a facility of any previously existing building or other capital item or of land when the type of use is not to be significantly changed.

(F) Addition of beds or dialysis stations within an existing building or buildings of a facility, if the capacity of the facility is not increased by more than 25 percent.

(G) Remodeling of existing buildings.

(2) Class 2: replacement or reconstruction. This class consists of replacement or reconstruction in whole or in part of an existing facility on the same site, as long as the replacement or reconstruction does not increase capacity more than 50 percent and the use of the facility does not materially change.

(3) Class 3: new construction of small structures. This class consists of construction and location of single, new, small structures (including those appurtenant to existing structures) and installation of small new equipment.

(b) Any project which is not specifically described above but which is, in the judgment of the Certificate of Need Division, clearly within the scope of any exempt lass described in Title 14, California Administrative Code, commencing with Section 15101, shall be deemed to be exempt from the requirements of CEQA.

(c) A written explanation for a finding that a project is categorically exempt shall be prepared by the Certificate of Need Division and shall be available for public inspection.

1. Amendment filed 10-14-83; designated effective 10-17-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 42).

Note: Authority cited: Sections 437.6 and 467.2, Health and Safety Code; and Section 21084, Public Resources Code. Reference: Sections 437.15 and 438.2, Health and Safety Code; and Section 21084, Public Resources Code.

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