Legal Resources | | T14 15084
Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 7. EIR Process Preparing the Draft EIR.
(a) The draft EIR shall be prepared directly by or under contract to the lead agency. The required contents of a draft EIR are discussed in Article 9 beginning with Section 15120.
(b) The lead agency may require the project applicant to supply data and information both to determine whether the project may have a significant effect on the environment and to assist the lead agency in preparing the draft EIR. The requested information should include an identification of other public agencies which will have jurisdiction by law over the project.
(c) Any person, including the applicant, may submit information or comments to the lead agency to assist in the preparation of the draft EIR. The submittal may be presented in any format, including the form of a draft EIR. The lead agency must consider all information and comments received. The information or comments may be included in the draft EIR in whole or in part.
(d) The lead agency may choose one of the following arrangements or a combination of them for preparing a draft EIR.
(1) Preparing the draft EIR directly with its own staff.
(2) Contracting with another entity, public or private, to prepare the draft EIR.
(3) Accepting a draft prepared by the applicant, a consultant retained by the applicant, or any other person.
(4) Executing a third party contract or memorandum of understanding with the applicant to govern the preparation of a draft EIR by an independent contractor.
(5) Using a previously prepared EIR.
(e) Before using a draft prepared by another person, the lead agency shall subject the draft to the agency's own review and analysis. The draft EIR which is sent out for public review must reflect the independent judgment of the lead agency. The lead agency is responsible for the adequacy and objectivity of the draft EIR.
Authority cited:
Public Resources Code 21083
Reference:
Public Resources Code 21082.1
(Amended by Register 2005, No. 40.)