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ENVIRONMENTAL DOCUMENT REVIEW PROCESS |
Lead agencies are required to send environmental documents, including draft Negative Declarations, Notices of Preparation, and Draft Environmental Impact Reports, to the SCH pursuant to CEQA Guidelines Sections 15205 and 15206.
a) Draft EIRs and Negative Declarations to be reviewed by state agencies must be submitted to the State Clearinghouse, P.O. Box 3044, Sacramento, CA 95812-3044. For courier or hand delivery, submit to: 1400 Tenth Street, Suite 222, Sacramento, CA 95814.
b) The following environmental documents must be submitted to SCH for review by state agencies:
1) Draft EIRs and Negative Declarations prepared by a state Lead Agency.
2) Draft EIRs and Negative Declarations prepared by any public agency where a state agency is a Responsible Agency, Trustee Agency, or otherwise has jurisdiction by law with respect to the project.
3) Draft EIRs and Negative Declarations on projects identified in CEQA Guidelines Section 15206 as being of statewide, regional, or areawide significance.
4) Draft EISs, environmental assessments, and Findings of No Significant Impact (FONSI) prepared pursuant to NEPA, the Federal Guidelines (Title 40 CFR, Part 1500, commencing with Section 1500.1).
The following pages outline the step-by-step environmental document review procedures of SCH.
This section explains the procedures when a draft Negative Declaration is submitted to SCH for state agency review.
Step 1: Submittal of Negative Declaration to State Clearinghouse
When a Negative Declaration requires state agency review, submit at least 15 copies to the SCH. State review of a Negative Declaration is required when a state agency is the Lead Agency, a Responsible Agency, a Trustee Agency, or otherwise has jurisdiction by law over a project, or when the project has statewide, regional, or areawide impacts as identified in Section 15206 of the CEQA Guidelines. As with draft EIRs, submittal of draft Negative Declarations to SCH must be done by the Lead Agency or by a party clearly authorized by the Lead Agency.
The minimum content requirements for a Negative Declaration are:
A. Description and title of the project;
B. Location of the project, preferably shown on a map;
C. Name of the project proponent;
D. A proposed finding that the project will not have a significant effect on the environment;
E. An attached copy of the Initial Study documenting reasons to support the finding; and
F. Mitigation measures, if any, included in the project to avoid potentially significant effects.
Minimum content requirements for a Negative Declaration are discussed in CEQA Guidelines, Section 15071.
Although not required by CEQA, SCH requests a completed Notice of Completion (NOC) Form to be submitted with the 15 copies of the draft Negative Declaration. This form facilitates the processing of environmental documents and is circulated to state agencies together with the Negative Declaration. The information from the NOC form is entered into the SCH database.
Step 2: Distribution and Review Period
When a Negative Declaration is received by the SCH for distribution, a staff analyst assigns an SCH number to the project. If the project already has a number from a previous submittal of an environmental document, the Lead Agency should reference the previously assigned SCH number. Next, the document is skimmed to determine its scope and to identify the state agencies that should receive it for review. The SCH will distribute the document to any Responsible or Trustee state agencies, and to any other agencies which may have relevant expertise in the subject or otherwise have a reason to review the document. (Refer to the appendices for a listing of all state agencies and departments to whom environmental documents normally are distributed.)
The SCH staff analyst sets the review dates and attaches a distribution list to the Notice of Completion form. Documents are then mailed or otherwise delivered to the selected agencies for review and comment. An acknowledgement of receipt, containing the assigned review period, will be mailed to the Lead Agency.
The normal review period for Negative Declarations submitted to SCH is 30 calendar days (see CEQA Guidelines, Section 15105). The review period begins when SCH circulates the document, which is usually the same day it is received. Documents received after noon may be distributed the next working day. Specific review dates are calculated by counting as "day 1" the date on which the document is distributed by SCH and concluding on the 30th calendar day thereafter. A shortened review period of not less than 20 days may be granted under special circumstances, as described below. Lead Agencies may request or provide for a longer review period. Such requests or provisions will routinely be honored.
Step 3: Review of Negative Declaration
After SCH has distributed a Negative Declaration to state agencies, those agencies assign the document to staff members in either their Sacramento or regional offices for review, analysis and comment. Agency comments are forwarded to SCH prior to the end of the assigned review period.
Occasionally, state agencies may request an extension of a review period. Reasonable requests for extensions will be granted. The SCH will notify the Lead Agency upon approval of an extension.
Step 4: Negative Declaration Comments
At the end of the state review period, all comments from the reviewing state agencies are collected at SCH. A closing letter and a complete package of comments are forwarded to the Lead Agency on the day following the close of the review period.
Step 5: Notice of Determination
Within five working days of approving a project for which a Negative Declaration has been adopted, a local Lead Agency must file a Notice of Determination (NOD) with the county clerk of the county or counties where the project is located. If a project requires discretionary approval from a state agency, the NOD also must be filed with SCH. If the Lead Agency is a state agency, the NOD must be filed with the SCH.
The information required in a Notice of Determination is listed in Section 15075 of the CEQA Guidelines. The filing of the NOD begins a 30-calendar-day statute of limitations on court challenges to the project approval under CEQA.
Lead agencies are required to pay an environmental filing fee to the State Department of Fish and Game if the draft EIR or Negative Declaration identified any potential impacts on fish or wildlife resources (see Fish and Game Code Section 711.4; Title 14, CCR, Section 753.5). The fee for EIRs is $850 and the fee for Negative Declarations is $1,250. The SCH cannot post a NOD without proof of payment of (or a certificate of exemption from) the required Fish and Game filing fee.
Helpful Hints
| SCH Negative Declaration Process Step-By-Step Checklist |
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| 1. On the basis of the Initial Study, prepare Negative Declaration. |
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| 2. Send 15 copies of Negative Declaration and one copy of completed NOC form to State Clearinghouse. |
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| 3. Assign SCH number and state review period (normally 30 days) and distribute to selected state agencies. |
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| 4. Review and comment on Negative Declaration. Send comments to State Clearinghouse within assigned review period. |
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| 5. Forward comments to Lead Agency at end of review period with a closing letter. |
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| 6. Consider comments received; adopt Negative Declaration; make decision on project. |
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| 7. File NOD with county clerk. Also file NOD with SCH if project requires discretionary approval from state agency. |
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Step1: Notice of Preparation
To assist the EIR scoping process, a Lead Agency must circulate a Notice of Preparation (NOP) to OPR and to all Responsible and Trustee Agencies advising them of its intention to prepare a Draft EIR (Public Resources Code, Section 21080.4; CEQA Guidelines, Section 15082).
The 30-calendar-day review period for a NOP begins when an agency receives the notice for review. Lead Agencies are required to send copies of a NOP directly to all Responsible and Trustee Agencies. SCH staff can assist in identifying Responsible and Trustee state agencies and distributing the NOP to them.
The Lead Agency's distribution list for the NOP should be attached to SCH's copy of the NOP. Filing the NOP and distribution list with SCH helps ensure that no Responsible or Trustee state agencies have been overlooked.
The minimum content requirements for a NOP are:
A. Description of the project;
B. Location of the project, indicated either on an attached map (preferably a topographical map), or by a street address in an urbanized area;
C. Salient environmental issues; and
D. Probable environmental effects of the project.
The SCH also requests that a completed Notice of Completion form be submitted with the NOP, to expedite processing of the NOP and to allow for accurate data entry into the database. This form facilitates processing of all environmental documents through SCH.
The project description provided in the NOP should be complete enough to give reviewers sufficient information to make meaningful comments. Even though a map is not required in all cases, provision of a good site map and vicinity map is strongly encouraged. The mapping should show the site in a context broad enough to indicate the area to be affected by the project, including rivers, airports, schools, railways, and highways. The Initial Study, if one has been done, should be included to show the probable environmental effects of the project.
Step 2: SCH Number and Distribution
When a NOP is submitted to SCH, a number is assigned to the project. The SCH staff analyst will check the Lead Agency's distribution list and may send copies of the NOP to additional state agencies that have relevant expertise in the subject or otherwise have reason to review the project, even though they are not Responsible Agencies. This does not extend the 30-day comment period for Responsible and Trustee Agencies that already received the NOP directly from the Lead Agency.
SCH receipt of the NOP will be acknowledged by letter to the Lead Agency, noting the SCH number that is to be used for all subsequent environmental documents for that project. A state agency distribution list will be sent with the acknowledgement letter noting any agencies to which SCH has forwarded a copy of the NOP.
Step 3: NOP Review Period
Responsible agencies have a maximum of 30 calendar days from receipt of a NOP to comment on a proposed project (Section 15103 of the CEQA Guidelines). When a state agency comments on a NOP, a copy of the comment letter must be submitted to SCH.
The SCH does not compile and transmit state agency comment letters on NOPs after the end of the 30-day NOP comment period. Each commenting state agency must send its comment letter directly to the Lead Agency, with a copy to SCH.
Step 4: Submittal of Draft EIR to SCH
When a Draft EIR requires state agency review, at least 15 copies must be submitted to SCH together with one copy of the NOC form. Lead Agencies are required to submit their Draft EIR and NOC form to SCH when: (a) the Lead Agency is a state agency, (b) the project involves one or more Responsible or Trustee state agencies, or (c) the project has statewide, regional, or areawide significance, as identified in Section 15206 of the CEQA Guidelines. Submittal of Draft EIRs to SCH must be done by the Lead Agency or by a party clearly authorized by the Lead Agency.
A Draft EIR may not be circulated for public review before the end of the comment period for the NOP (CEQA Guidelines, Section 15082[a]).
Step 5: Draft EIR Review Period
When a Draft EIR is submitted to SCH for distribution, the SCH number assigned to the NOP should be referenced on the NOC and/or EIR title page. If the document has no prior SCH number, the staff analyst will assign one.
The Draft EIR is reviewed briefly by the staff analyst to determine its scope and to identify the state agencies that should review it. Review dates are then assigned, a distribution list is attached to the NOC form, and the documents distributed to selected agencies. Reviewing agencies are selected for their expertise in a particular subject matter or geographical areas, or their responsibility for particular types of projects. The appendices of this Handbook contain a listing of all state agencies to whom SCH may send environmental documents for review.
The state review period typically starts on the same date the Draft EIR is submitted to the SCH if (a) the document is received by noon, and (b) the submittal is complete. Documents received in the afternoon typically are distributed by the next working day. The standard review period for a Draft EIR submitted to SCH is 45 calendar days (see CEQA Guidelines, Section 15105). Day 1 of the review period is the date the document is distributed by SCH. The review period ends at 5 p.m. on the 45th calendar day thereafter. On the day following the close of the review period (i.e., the 46th day), the SCH will prepare and mail a closing letter to the Lead Agency. Attached to the closing letter will be copies of any comments received from reviewing state agencies.
A shortened review period of not less than 30 days may be requested and subsequently granted under exceptional circumstances, as described below. Lead Agencies may request or provide for a longer review period. Such requests will be routinely honored.
Step 6: Review of Draft EIR
When the Draft EIR is received by reviewing state agencies, those agencies assign the document to staff members for review, analysis and comment. Some state agencies refer the document to regional offices; others rely on their Sacramento staff. Agency comments are forwarded to SCH prior to the end of the assigned review period.
State agencies may request an extension of a review period while a document is in review. Reasonable requests for extensions will be granted. The SCH will notify the Lead Agency upon approval of an extension.
See CEQA Guidelines, Section 15096(d) for more information on how Responsible and Trustee state agencies are expected to comment.
Step 7: Draft EIR Comments
On the day following the close of the review period, a complete package of comments is forwarded to the Lead Agency by SCH.
Step 8: Final EIR
After receiving all public comments, including those of state agencies, the Lead Agency must prepare written responses and include them in the Final EIR. Refer to the CEQA Guidelines, Section 15088 for information on how to respond to comments; Section 15132 provides information on the content requirements for a Final EIR.
The Lead Agency then must certify the Final EIR before approving the project (CEQA Guidelines, Section 15090).
Although it is not required that Final EIRs be filed with the SCH, it is recommended that a copy be provided for information purposes.
Step 9: Notice of Determination
Within five working days of approving a project for which an EIR was prepared, a local Lead Agency must file a Notice of Determination (NOD) with the county clerk of the county or counties where the project will be located. If the project requires discretionary approval from a state agency, the NOD also must be filed with SCH. State Lead Agencies must file the NOD with the SCH. The NOD must be signed by the proper authority of the Lead Agency and completed in full before SCH will post it.
The information required in a NOD is listed in Section 15094 of the CEQA Guidelines. The filing and posting of the NOD begins a 30-day statute of limitations on court challenges to the project approval under CEQA.
Lead agencies are required to pay an environmental filing fee to the State Department of Fish and Game if the draft EIR or Negative Declaration identified any potential impacts on fish or wildlife resources (see Fish and Game Code Section 711.4; Title 14, CCR, Section 753.5). The fee for EIRs is $850 and the fee for Negative Declarations is $1,250. The SCH cannot post a NOD without proof of payment of (or a certificate of exemption from) the required Fish and Game filing fee.
Helpful Hints
| State Clearinghouse EIR Process Step-By-Step Checklist |
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| 1. Send NOP to State Clearinghouse with state agency distribution list, and directly to responsible and trustee state agencies. |
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| 2. Assign SCH number, check distribution, send to additional state agencies is necessary. |
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| 3. Review NOP and send comments to Lead Agency with copy to State Clearinghouse within 30 days of receipt. |
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| 4. Prepare DEIR and send 15 copies with NOC form to State Clearinghouse. |
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| 5. Assign DEIR state review period (normally 45 days) and distribute to selected state agencies. |
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| 6. Review and comment on DEIR. Send comments to State Clearinghouse within assigned review period. |
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| 7. Forward state agency comments to Lead Agency with closing letter following end of review period, |
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| 8. Respond to comments received; prepare and certify FEIR; make decision on project. |
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| 9. File NOD with county clerk. Also file NOD with SCH if project requires discretionary approval from a state agency. |
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