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Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 2. General Responsibilities Delegation of Responsibilities.   

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(a) A public agency may assign specific functions to its staff to assist in administering CEQA. Functions which may be delegated include but are not limited to:

(1) Determining whether a project is exempt.

(2) Conducting an initial study and deciding whether to prepare a draft EIR or negative declaration.

(3) Preparing a negative declaration or EIR.

(4) Determining that a negative declaration has been completed within a period of 180 days.

(5) Preparing responses to comments on environmental documents.

(6) Filing of notices.

(b) The decisionmaking body of a public agency shall not delegate the following functions:

(1) Reviewing and considering a final EIR or approving a negative declaration prior to approving a project.

(2) The making of findings as required by Sections 15091 and 15093.

(c) Where an advisory body such as a planning commission is required to make a recommendation on a project to the decisionmaking body, the advisory body shall also review and consider the EIR or negative declaration in draft or final form.

Authority cited:

Public Resources Code 21083


Public Resources Code 21082

Public Resources Code 21100.2

Public Resources Code 21151.5

Kleist v. City of Glendale (1976) 56 Cal. App. 3d 770.

(Amended by Register 2005, No. 40.)