Legal Resources | | T14 15052
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 4. Lead Agency Shift in Lead Agency Designation.
(a) Where a responsible agency is called on to grant an approval for a project subject to CEQA for which another public agency was the appropriate lead agency, the responsible agency shall assume the role of the lead agency when any of the following conditions occur:
(1) The lead agency did not prepare any environmental documents for the project, and the statute of limitations has expired for a challenge to the action of the appropriate lead agency.
(2) The lead agency prepared environmental documents for the project, but the following conditions occur:
(A) A subsequent EIR is required pursuant to Section 15162,
(B) The lead agency has granted a final approval for the project, and
(C) The statute of limitations for challenging the lead agency's action under CEQA has expired.
(3) The lead agency prepared inadequate environmental documents without consulting with the responsible agency as required by Sections 15072 or 15082, and the statute of limitations has expired for a challenge to the action of the appropriate lead agency.
(b) When a responsible agency assumes the duties of a lead agency under this section, the time limits applicable to a lead agency shall apply to the actions of the agency assuming the lead agency duties.
Public Resources Code 21083
Public Resources Code 21165
(Amended by Register 2005, No. 40.)