Cal. Code Regs. tit. 25 § 6973

Current through Register 2024 Notice Reg. No. 52, December 27, 2024
Section 6973 - Procedure Where the Department is a Responsible Agency
(a) General. Where the Department is the responsible agency (see definition Section 6950), it must require any local agency that is the Lead Agency to prepare environmental documents and submit them with the request for project approval. The Department must ensure that the environmental documents that it uses in reviewing the project comply with CEQA. The Department shall encourage a Lead Agency to incorporate environmental considerations at the earliest feasible stage in project planning and remind it of its obligation to consult and respond to consultation prior to development of environmental documents. The Department shall explain its reasons for recommending whether an EIR or an ND should be prepared, including the identification of potential environmental effects.
(b) Procedure. The Department shall:
(1) Respond to a consultation request by the Lead Agency regarding whether to prepare a ND or an EIR.
(2) No later than 45 days after receiving a Notice of Preparation for an EIR, send a written reply by certified mail or another method that will provide a record of receipt, specifying the scope and content of environmental information germane to its responsibilities.
(3) Review and comment on draft EIR's and Negative Declarations for projects which it would later be asked to approve.
(4) In those instances in which it believes that the EIR or ND is inadequate and the Lead Agency does not concur with this assessment, the Department must take the issue to court within 30 days after Notice of Determination was filed, prepare a subsequent EIR (if permissible under Section 15067 of the State EIR Guidelines) or be deemed to waive objections to the document's adequacy.
(5) Consider environmental effect of the project as shown in EIR or ND prior to reaching a decision on project. The Department shall not approve a project as proposed if there is any feasible alternative or mitigation measure within its powers that would substantially lessen any significant effect the project would have on the environment.
(6) Prepare Findings for Significant Environmental Effects (see Section 6993).
(7) Prepare Statement of Overriding Considerations (Section 6984) where environmental effects cannot be mitigated and the Department decides to approve the project (see Section 6994).
(8) File a Notice of Determination with the Secretary of Resources for those projects which the Department determines to approve or carry out (Appendix B).

Cal. Code Regs. Tit. 25, § 6973

1. New subsection (b)(8) 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. New subsection (b)(8) filed 5-5-82; designated effective 6-2-82 pursuant to Government Code Section 11346.2(d) (Register 82, No. 19).