California Code of Regulations › Title 14 - Natural Resources › Division 6 - Resources Agency › Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act › Article 6 - Negative Declaration Process › Section 15073 - Public Review of a Proposed Negative Declaration or Mitigated Negative Declaration

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The lead agency shall provide a public
				  review period pursuant to Section
				  15105 of not less than 20 days.
				  When a proposed negative declaration or mitigated negative declaration and
				  initial study are submitted to the State Clearinghouse for review by state
				  agencies, the public review period shall not be less than 30 days, unless a
				  shorter period is approved by the State Clearinghouse under Section
				  15105(d).
(b) When a proposed negative declaration or
				  mitigated negative declaration and initial study have been submitted to the
				  State Clearinghouse for review by state agencies, the public review period
				  shall be at least as long as the review period established by the State
				  Clearinghouse. The public review period and the state agency review period may,
				  but are not required to, begin and end at the same time. Day one of the state
				  review period shall be the date that the State Clearinghouse distributes the
				  document to state agencies.
(c) A
				  copy of the proposed negative declaration or mitigated negative declaration and
				  the initial study shall be attached to the notice of intent to adopt the
				  proposed declaration that is sent to every responsible agency and trustee
				  agency concerned with the project and every other public agency with
				  jurisdiction by law over resources affected by the project.
(d) Where one or more state agencies will be
				  a responsible agency or a trustee agency or will exercise jurisdiction by law
				  over natural resources affected by the project, or where the project is of
				  statewide, regional, or areawide environmental significance, the lead agency
				  shall send copies of the proposed negative declaration or mitigated negative
				  declaration to the State Clearinghouse for distribution to the state
				  agencies.
(e) The lead agency shall
				  notify in writing any public agency which comments on a proposed negative
				  declaration or mitigated negative declaration of any public hearing to be held
				  for the project for which the document was prepared. A notice provided to a
				  public agency pursuant to Section
				  15072 satisfies this
				  requirement.
1. Amendment
					 of section heading, section and NOTE filed 5-27-97; operative 5-27-97 pursuant
					 to Government Code section
					 11343.4(d)
					 (Register 97, No. 22).
2. Change without regulatory effect amending
					 NOTE filed 10-6-2005 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2005, No. 40).
3. Amendment of subsection (b)
					 filed 7-27-2007; operative 7-27-2007 pursuant to Public Resources Code section
					 21083(f)
					 (Register 2007, No. 30).
Note: Authority cited: Section
						21083,
						Public Resources Code. Reference: Sections
						21000(e),
						21003(b),
						21080(c),
						21081.6,
						21091
						and
						21092.5,
						Public Resources Code; Plaggmier v. City of San Jose, (1980) 101 Cal. App. 3d
						842.