Section 6971 - Procedure Where the Department is Lead Agency(a) General. The department is the Lead Agency if it has the principal responsibility for carrying out or approving a project. (See Section 6950 for definition.) When acting as Lead Agency, the department shall incorporate environmental considerations at the earliest feasible stage in project planning. If the Department is acting as Lead Agency for a project for which it will issue a lease, license, or permit, it must determine whether the project will need an EIR or ND within 45 days after accepting application as complete; it must adopt an ND not more 105 days after such acceptance and an EIR in not more than one year. These time periods may be waived when the project is also subject to the requirements of NEPA and the conditions of Section 15054.2(b)(4) of the state EIR Guidelines are met.(b) Initial Steps. The Department shall: (1) Determine whether the activity is a project and if CEQA applies to the project. If it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment, the department may proceed without consideration of environmental requirements.(2) Determine if the project is exempt as: b) a ministerial project, orc) a categorical exemption. If it is exempt, file a Notice of Exemption with the Secretary of Resources (Appendix C).(3) Determine if project will clearly have a significant effect on the environment (See Section 6990). If so, no Initial Study is necessary; rather, proceed to EIR.(c) Initial Study. In all other instances, the Department shall prepare an Initial Study (IS). (See Section 6995). The Department shall:(1) Consult with all responsible agencies to determine whether a ND or an EIR is required. This may be done quickly and informally.(2) If the IS demonstrates that the project may have a significant effect on the environment, or if mandatory findings of significance apply, proceed to an EIR. (See Section 6990 for "Determining Significant Effect" and Section 6991 for "Mandatory Findings of Significance.")(3) If the IS demonstrates that there will be no significant effect on the environment, or if project has been or will be modified to eliminate significant effects, proceed to preparation of Negative Declaration.(d) Negative Declaration. The Department shall: (1) Consult informally with responsible agencies to insure that their concerns will be reflected in the ND. This may occur during the public review period, subsection (3) below.(2) Prepare ND (see Section 6996 for contents).(3) Provide for public review of Negative Declaration, including the following: (A) Provide public notice of preparation of ND, including notice to all organizations and individuals who have previously requested notice and publication in a newspaper of general circulation in the area affected by the project;(B) Keep copies available in the Department for public inspection;(C) Hold public hearings if additional public input is desired. (Follow departmental notice and hearing procedures.)(4) Provide for state agency review by submission to State Clearinghouse; allow 30 days minimum review period.(5) Consider the ND and any comments received prior to approving or disapproving the ND.(6) Prepare notice of determination (see Section 6997) and file with the Secretary of Resources.(e) Preparation of draft EIR. The Department shall: (1) Send Notice of Preparation to Responsible Agencies by certified mail and to the State Clearinghouse and any federal agencies involved in funding or approving the project.(2) Consult with Responsible Agencies, interested organizations and individuals, persons with special expertise, and relevant federal agencies prior to commencement of preparation of the draft EIR.(3) Where a federal EIS will also be required, determine if joint EIR/EIS is appropriate.(4) Prepare draft EIR or contract for its preparation (see Section 6998 for contents).(5) After completion of draft EIR, send draft EIR to State Clearinghouse with cover form (Appendix A).(6) Obtain comments on draft EIR from public agencies having jurisdiction by law and consult with persons having special expertise.(7) Provide for public review of draft EIR, including the following: (A) Provide Notice of Completion of draft EIR to all organizations and individuals who have previously requested it.(B) Provide Notice of Completion of draft EIR to the public through publication in a newspaper of general circulation in the area affected by the project.(C) Submit draft EIR to State Clearinghouse for distribution and to areawide clearinghouses, regional and local agencies.(D) Make copies of draft EIR's available to appropriate public library systems.(E) Hold public hearings if additional public input is desired. (Follow department notice and hearing procedures.)(8) Provide for state agency review of draft EIR by submission to State Clearinghouse; allow 45 days review period.(9) Evaluate comments received on draft EIR.(f) Preparation of final EIR. The Department shall:(1) Prepare final EIR or contract for its preparation (see Section 6998) and mitigate any significant environmental effects where feasible.(2) Consider the significant environmental effects identified in the EIR and approve the project only if such effects have been reduced to an acceptable level.(3) Prepare Findings for Significant Environmental Effects. (See Section 6993.)(4) Prepare Statement of Overriding Considerations where environmental effects cannot be mitigated and the Department decides to proceed with project. (See Section 6994.)(5) Certify that the EIR complies with CEQA and State EIR Guidelines and that the information contained in the EIR has been reviewed and considered prior to project approval.(6) File Notice of Determination with the Secretary of Resources (Appendix B).(7) File final EIR with the appropriate planning agency of any city and/or county which will be affected by the project.Cal. Code Regs. Tit. 25, § 6971
1. Editorial renumbering of subsection (d) to (e), subsection (e) to (f) and subsection (e)(6) to (f)(7) filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19). Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21165, Public Resources Code.
1. Editorial renumbering of subsection (d) to (e), subsection (e) to (f) and subsection (e)(6) to (f)(7) filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19).