1. (a) Where a project is to be carried out or approved by more than one public agency, one public agency shall be responsible for preparing an EIR or negative declaration for the project. This agency shall be called the lead agency.
2. (b) Except as provided in subdivision (c), the decisionmaking body of each responsible agency shall consider the lead agency's EIR or negative declaration prior to acting upon or approving the project. Each responsible agency shall certify that its decisionmaking body reviewed and considered the information contained in the EIR or negative declaration on the project.

3. (c) The determination of the lead agency of whether to prepare an EIR or a negative declaration shall be final and conclusive for all persons, including responsible agencies, unless:

   1. (1) The decision is successfully challenged as provided in Section 21167 of the Public Resources Code,
   2. (2) Circumstances or conditions change as provided in Section 15162, or
   3. (3) A responsible agency becomes a lead agency under Section 15052.

Note: Authority cited: Section 21083, Public Resources Code. Reference: Sections 21080.1, 21165 and 21167.2, Public Resources Code.

History

1. Repealer of Article 4 (Sections 15020-15043) and new Article 4 (Sections 15050-15053) filed 7-13-83; effective thirtieth day thereafter (Register 83, No. 29). For prior history, see Registers 82, No. 2; 80, No. 19; 78, No. 5; 76, No. 41; 75, Nos. 1, 5 and 22; 74, Nos. 13 and 26; and 73, No. 50.

2. Editorial correction of 7-13-83 order redesignating effective date to 8-1-83 filed 7-14-83 (Register 83, No. 29).

3. Change without regulatory effect amending subsection (b) and Note filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).