Responsible Agency
Comments on Adequacy of Draft EIR or Negative Declaration Prepared by Lead
Agency

What is the Purpose of the Comments?

  • Lead agencies are required to consult with and obtain comments from responsible agencies and other agencies with jurisdiction regarding the project.
  • The responsible agency should review the adequacy of and comment on decisions to prepare draft EIRs and negative declarations for projects which the responsible agency would later be asked to approve.

On What Areas Should the Comments Focus?

  • Shortcomings in the EIR;
  • Appropriateness of using a negative declaration; or
  • Significant environmental effects relevant to the agency's decision which shall include:
    • complete and detailed performance objectives for mitigation measures or
    • reference to appropriate, readily available guidelines or reference documents concerning mitigation measures.

To What Types of Project Activities Should the Comments be Limited?

  • Activities within the responsible agency's area of expertise.
  • Activities required to be carried out or approved by the responsible agency.
  • Activities subject to the powers of the responsible agency.

May the Responsible Agency Make General Comments, or Must the Comments be Specific?

  • The comments shall be specific and supported by oral or written documentation.
SELECTED STATUTORY REFERENCES

Definition of Responsible Agency | Public Resources Code §21069
State Agency Consultation with Other Agencies | Public Resources Code §21104
Local Agency Consultation with Other Agencies | Public Resources Code §21153

SELECTED GUIDELINES REFERENCES

Authority to Comment | 14 California Code of Regulations §15044
Determination of Scope of EIR | 14 California Code of Regulations §15082
Consultation Concerning a Draft EIR | 14 California Code of Regulations §15086
Process for Responsible Agency | 14 California Code of Regulations §15096
Definition of Responsible Agency | 14 California Code of Regulations §15381

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