Ordinance No. 26-1 Adopting Substantive Transactions and Use Tax and Expenditure Plan

Summary

SCH Number
2026060229
Public Agency
San Bernardino County Transportation Authority
Document Title
Ordinance No. 26-1 Adopting Substantive Transactions and Use Tax and Expenditure Plan
Document Type
NOE - Notice of Exemption
Received
Posted
6/5/2026
Document Description
The Ordinance authorizes the Authority to continue to levy a countywide sales tax within San Bernardino County that, if approved by the voters, would procure funding for the Authority's operations and investments. The Ordinance does not commit the Authority to any particular project program.

Contact Information

Name
Otis Greer
Agency Name
San Bernardino County Transportation Authority (SBCTA)
Job Title
Deputy Executive Director
Contact Types
Lead/Public Agency

Location

Counties
San Bernardino
Regions
Countywide
Other Location Info
County of San Bernardino

Notice of Exemption

Exempt Status
Other
Type, Section or Code
Sections 15378(b)(4), 15004, 15352, 15061(b)(3)
Reasons for Exemption
The approval of this Ordinance is not a "project" and, alternatively, is exempt from the California Environmental Quality Act ("CEQA"). The Ordinance is intended to provide a funding mechanism for potential future projects and programs related to the Authority's provision of transportation services. The Ordinance does not commit the Authority to any particular project, program, or capital improvement. Accordingly, the Authority finds that, under CEQA Guidelines Section 15378(b)(4), adoption of this Ordinance is not a project subject to the requirements of CEQA because the Ordinance is merely "[t]he creation of [a] government funding mechanism or other government fiscal activit[y], which do[es] not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment." (CEQA Guidelines § 15378, subd. (b)(4); see also Sustainable Transportation Advocates of Santa Barbara v. Santa Barbara County Association of Governments, 179 Cal.App.4th 113, 123.) Additionally, the timing, design, and approval of individual projects to be funded by the Ordinance are dependent on future funding availability, need, feasibility, CEQA review, future Expenditure Plan review and amendments, and numerous other factors. Thus, the timing and design of future projects, which may not be brought forward for many years, are unknown, and insufficient information is available to enable meaningful environmental review. (CEQA Guidelines § 15004.) Further, because the Ordinance does not approve the construction of any projects that may result in any direct or indirect physical change in the environment, and because future voter approval is required as set forth in PUC Sections 180201 and 180203, approving the Ordinance is not an approval that commits the Authority to a definite course of action. (CEQA Guidelines§ 15352.) Thus, it can also be seen with certainty that the Ordinance has no potential for causing a significant effect on the environment and is exempt from any further review under CEQA. (CEQA Guidelines§ 1506l(b)(3).)
County Clerk
San Bernardino

Attachments

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