Legal Resources | | T14 15050
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 4. Lead Agency Lead Agency Concept.
(a) Where a project is to be carried out or approved by more than one public agency, one public agency shall be responsible for preparing an EIR or negative declaration for the project. This agency shall be called the lead agency.
(b) Except as provided in subdivision (c), the decisionmaking body of each responsible agency shall consider the lead agency's EIR or negative declaration prior to acting upon or approving the project. Each responsible agency shall certify that its decisionmaking body reviewed and considered the information contained in the EIR or negative declaration on the project.
(c) The determination of the lead agency of whether to prepare an EIR or a negative declaration shall be final and conclusive for all persons, including responsible agencies, unless:
(1) The decision is successfully challenged as provided in Section 21167 of the Public Resources Code,
(2) Circumstances or conditions change as provided in Section 15162, or
(3) A responsible agency becomes a lead agency under Section 15052.
Authority cited:
Public Resources Code 21083
Reference:
Public Resources Code 21080.1
Public Resources Code 21165
Public Resources Code 21167.2
(Amended by Register 2005, No. 40.)