Section 786.3 - Voluntary Local Program Review and AuthorizationA voluntary local program shall be submitted, reviewed and authorized in accordance with this section. During its review of a local program, the Department may extend any of the time periods specified in this section for a period of no more than 15 days by providing written notice of the extension to the designated representative, and including an explanation of the reason additional time is required.
(a) Early Review. Before submitting the voluntary local program including the environmental analysis element for review, the voluntary local program representatives may request a meeting with the Regional Manager or the Regional Manager's designee for an unofficial review of the voluntary local program. The Regional Manager or the Regional Manager's designee is encouraged to meet with representatives of the voluntary local program upon request.(b) Department liaison. Within 14 days of receiving a request for consultation or the submittal of a voluntary local program, the Department shall designate a staff person at its appropriate regional office to serve as the primary contact with program sponsors during the consultation and review processes. This designated liaison will be responsible for working with the voluntary local program's designated representative and for responding to inquiries from voluntary local program sponsors, keeping program sponsors informed of the status of the Department's review of the voluntary local program, and assisting with communication of Department comments and questions to program sponsors.(c) Review of Voluntary Local Program. The voluntary local program shall be submitted to the Department for review. The Department shall conduct an initial review of the plan to determine whether the submissions are complete. Within 60 days after receipt of the local program plan, the Department shall report to the local program designee whether the local program as submitted is complete. (1) If the plan is not complete, the Department shall inform the designee about what additional elements, information or documents are required to complete the plan and environmental analysis.(2) If the plan is complete, the Department shall conduct a review of the environmental analysis and make any revisions in the environmental analysis that the Department deems necessary or appropriate to accurately describe the voluntary local program and its potential effects on the environment. If the Department makes any revisions to the environmental analysis, the Department shall inform the designee about the revisions before making the materials, including the program plan and the revised environmental analysis, available for public review in order to give the voluntary local program the opportunity to withdraw the proposed program before public review.(d) Lead Agency -- Public Review and Comment. When the Department is acting as CEQA lead agency, after the program plan and any environmental analysis have been reviewed, the Department shall make all materials, including the local program plan and environmental analysis, available for public review at the headquarters of the region in which the plan was submitted and at the Department's headquarters in Sacramento. (1) Notice of Public Availability. The Department shall distribute copies of a Notice of Public Availability announcing that the voluntary local program and related documents are being made available for public review and comment. A minimum of 30 days shall be allowed for public review and comment after distribution of a Notice of Public Availability. The Notice of Public Availability shall include the following: (A) The date on which the Department accepted the voluntary local program as complete.(B) A brief description of the geographic area covered by the application and of the activities proposed to be covered by the local program.(C) The location where the application is available for public review and the name and telephone numbers of a contact person within the Department who can answer questions regarding the application.(D) A statement that the Department seeks written comments from the public regarding the plan, an address to which written comments regarding the application should be submitted, and the deadline for submission of the comments.(2) Publication and Distribution of the Notice. The Department shall publish the Notice of Public Availability at least once in a newspaper of general circulation in the area affected by the local program. Copies of the Notice of Public Availability shall also be distributed as follows: (A) A copy to the office of the County Clerk of the county or counties in which the proposed activity would occur for posting at the customary place for posting notices of environmental matters.(B) A copy to the Office of Planning and Research.(C) A copy to any other person upon written request.(D) Copies may also be posted or made available at such other locations as the Department deems desirable and reasonably required to provide adequate public notice.(3) Response to Public Comment. After the public comment period has closed, the Department shall: (A) Review all public comments received, including those from public agencies with which the Department consults; and(B) Prepare a written summary and response to all significant environmental points raised during the review of the application.(e) External Consultation. The Department shall consult with and request written comments from the Department of Food and Agriculture, county agricultural commissioner(s) of the county or counties in which the local program is proposed, and all public agencies with jurisdiction by law over the activity to be covered by the local program. The consultations shall occur during the public comment period when the Department is acting as CEQA lead agency and during the 75-day local program review period when the Department is acting as CEQA responsible agency. In their comments, the Department of Food and Agriculture and the county agricultural commissioner(s) shall consider if the proposed voluntary local program is consistent with the economics of the agricultural operations.(f) Department's Authorization of the Voluntary Local Program. Within 75 days of the close of the public comment period when the Department is acting as CEQA lead agency, and within 75 days of the Department's determination that the submitted local program is complete when the Department is acting as CEQA responsible agency, the Department shall take one of the following actions:(1) Make the findings required by subsection (g) of this section and authorize the voluntary local program.(2) If the Department determines that changes in the voluntary local program are necessary, the Department shall promptly communicate that determination and proposed changes to the voluntary local program's designated representative. With the consent of the voluntary local program designee, the Department may make changes in the voluntary local program and authorize the revised local program provided the revisions do not require further environmental analysis or public notice.(3) If major changes requiring additional time or further environmental review are needed, the Department shall reject the voluntary local program and convey the identified deficiencies in the local program plan to the designee for further revisions.(g) Mandatory Findings for Authorization of Local Program. The director shall authorize a voluntary local program only upon making the following written findings in support of that authorization: (1) That the voluntary local program includes management practices that will, to the greatest extent practicable: (A) avoid the take of listed species,(B) minimize take of species that cannot be avoided,(C) encourage the enhancement of habitat; and(D) maximize wildlife benefits without compromising the economics of agricultural operations.(2) That the local program is consistent with the goals and policies of the California Endangered Species Act and is supported by the best available scientific information.(3) For every significant adverse environmental effect that has been identified for a local program, one or more of the findings required by section 21081 of the Public Resources Code. The Department may not approve any local program for which significant adverse environmental effects have been identified if feasible alternatives or feasible mitigation measures are available that would substantially lessen a remaining significant adverse environmental effect and those alternatives or measures have not been incorporated into the local program. For purposes of these findings:(A) "Feasible" means "feasible" as defined in section 21061.1 of the Public Resources Code.(B) "Environmental impact report" means an environmental impact report prepared pursuant to CEQA or, if the Secretary for Resources certifies this article under section 21080.5 of the Public Resources Code, an environmental analysis prepared pursuant to this article.(C) Mitigation measures shall consist of new or revised management practices designed to reduce or avoid significant adverse environmental effects.(h) Notice of Decision. Within five working days of authorizing or amending a voluntary local program, the Director shall file a Notice of Decision with the Secretary for Resources. The Notice of Decision shall include a statement that the Director authorized or amended the local program.Cal. Code Regs. Tit. 14, § 786.3
1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment of section heading and repealer and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35). Note: Authority cited: Sections 702 and 2086, Fish and Game Code. Reference: Sections 2062, 2067, 2068 and 2086, Fish and Game Code.
1. New section filed 12-31-98; operative 12-31-98 pursuant to Government Code section 11343.4(d) (Register 99, No. 1).
2. Amendment of section heading and repealer and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No. 35).