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§ 15253. Use of an EIR Substitute by a Responsible Agency.

14 CA ADC § 15253BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS

Barclays Official California Code of Regulations Currentness
Title 14. Natural Resources
Division 6. Resources Agency
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act
Article 17. Exemption for Certified State Regulatory Programs
14 CCR § 15253
§ 15253. Use of an EIR Substitute by a Responsible Agency.
(a) An environmental analysis document prepared for a project under a certified program listed in Section 15251 shall be used by another agency granting an approval for the same project where the conditions in subdivision (b) have been met. In this situation, the certified agency shall act as lead agency, and the other permitting agencies shall act as responsible agencies using the certified agency's document.
(b) The conditions under which a public agency shall act as a responsible agency when approving a project using an environmental analysis document prepared under a certified program in the place of an EIR or negative declaration are as follows:
(1) The certified agency is the first agency to grant a discretionary approval for the project.
(2) The certified agency consults with the responsible agencies, but the consultation need not include the exchange of written notices.
(3) The environmental analysis document identifies:
(A) The significant environmental effects within the jurisdiction or special expertise of the responsible agency.
(B) Alternatives or mitigation measures that could avoid or reduce the severity of the significant environmental effects.
(4) Where written notices were not exchanged in the consultation process, the responsible agency was afforded the opportunity to participate in the review of the property by the certified agency in a regular manner designed to inform the certified agency of the concerns of the responsible agency before release of the EIR substitute for public review.
(5) The certified agency established a consultation period between the certified agency and the responsible agency that was at least as long as the period allowed for public review of the EIR substitute document.
(6) The certified agency exercised the powers of a lead agency by considering all the significant environmental effects of the project and making a finding under Section 15091 for each significant effect.
(c) Certified agencies are not required to adjust their activities to meet the criteria in subdivision (b). Where a certified agency does not meet the criteria in subdivision (b):
(1) The substitute document prepared by the agency shall not be used by other permitting agencies in the place of an EIR or negative declaration, and
(2) Any other agencies granting approvals for the project shall comply with CEQA in the normal manner. A permitting agency shall act as a lead agency and prepare an EIR or a negative declaration. Other permitting agencies, if any, shall act as responsible agencies and use the EIR or negative declaration prepared by the lead agency.
Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21002.1(d), 21080.5 and 21165, Public Resources Code.
HISTORY
1. Change without regulatory effect amending subsections (a) and (c) and amendingNote filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
This database is current through 7/29/22 Register 2022, No. 30
14 CCR § 15253, 14 CA ADC § 15253
End of Document