Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A voluntary local program shall be submitted, reviewed
and authorized in accordance with this section. During its review of a local
program, the Department may extend any of the time periods specified in this
section for a period of no more than 15 days by providing written notice of the
extension to the designated representative, and including an explanation of the
reason additional time is required.
(a) Early Review. Before submitting the
voluntary local program including the environmental analysis element for
review, the voluntary local program representatives may request a meeting with
the Regional Manager or the Regional Manager's designee for an unofficial
review of the voluntary local program. The Regional Manager or the Regional
Manager's designee is encouraged to meet with representatives of the voluntary
local program upon request.
(b)
Department liaison. Within 14 days of receiving a request for consultation or
the submittal of a voluntary local program, the Department shall designate a
staff person at its appropriate regional office to serve as the primary contact
with program sponsors during the consultation and review processes. This
designated liaison will be responsible for working with the voluntary local
program's designated representative and for responding to inquiries from
voluntary local program sponsors, keeping program sponsors informed of the
status of the Department's review of the voluntary local program, and assisting
with communication of Department comments and questions to program
sponsors.
(c) Review of Voluntary
Local Program. The voluntary local program shall be submitted to the Department
for review. The Department shall conduct an initial review of the plan to
determine whether the submissions are complete. Within 60 days after receipt of
the local program plan, the Department shall report to the local program
designee whether the local program as submitted is complete.
(1) If the plan is not complete, the
Department shall inform the designee about what additional elements,
information or documents are required to complete the plan and environmental
analysis.
(2) If the plan is
complete, the Department shall conduct a review of the environmental analysis
and make any revisions in the environmental analysis that the Department deems
necessary or appropriate to accurately describe the voluntary local program and
its potential effects on the environment. If the Department makes any revisions
to the environmental analysis, the Department shall inform the designee about
the revisions before making the materials, including the program plan and the
revised environmental analysis, available for public review in order to give
the voluntary local program the opportunity to withdraw the proposed program
before public review.
(d)
Lead Agency -- Public Review and Comment. When the Department is acting as CEQA
lead agency, after the program plan and any environmental analysis have been
reviewed, the Department shall make all materials, including the local program
plan and environmental analysis, available for public review at the
headquarters of the region in which the plan was submitted and at the
Department's headquarters in Sacramento.
(1)
Notice of Public Availability. The Department shall distribute copies of a
Notice of Public Availability announcing that the voluntary local program and
related documents are being made available for public review and comment. A
minimum of 30 days shall be allowed for public review and comment after
distribution of a Notice of Public Availability. The Notice of Public
Availability shall include the following:
(A)
The date on which the Department accepted the voluntary local program as
complete.
(B) A brief description
of the geographic area covered by the application and of the activities
proposed to be covered by the local program.
(C) The location where the application is
available for public review and the name and telephone numbers of a contact
person within the Department who can answer questions regarding the
application.
(D) A statement that
the Department seeks written comments from the public regarding the plan, an
address to which written comments regarding the application should be
submitted, and the deadline for submission of the comments.
(2) Publication and Distribution of the
Notice. The Department shall publish the Notice of Public Availability at least
once in a newspaper of general circulation in the area affected by the local
program. Copies of the Notice of Public Availability shall also be distributed
as follows:
(A) A copy to the office of the
County Clerk of the county or counties in which the proposed activity would
occur for posting at the customary place for posting notices of environmental
matters.
(B) A copy to the Office
of Planning and Research.
(C) A
copy to any other person upon written request.
(D) Copies may also be posted or made
available at such other locations as the Department deems desirable and
reasonably required to provide adequate public notice.
(3) Response to Public Comment. After the
public comment period has closed, the Department shall:
(A) Review all public comments received,
including those from public agencies with which the Department consults;
and
(B) Prepare a written summary
and response to all significant environmental points raised during the review
of the application.
(e) External Consultation. The Department
shall consult with and request written comments from the Department of Food and
Agriculture, county agricultural commissioner(s) of the county or counties in
which the local program is proposed, and all public agencies with jurisdiction
by law over the activity to be covered by the local program. The consultations
shall occur during the public comment period when the Department is acting as
CEQA lead agency and during the 75-day local program review period when the
Department is acting as CEQA responsible agency. In their comments, the
Department of Food and Agriculture and the county agricultural commissioner(s)
shall consider if the proposed voluntary local program is consistent with the
economics of the agricultural operations.
(f) Department's Authorization of the
Voluntary Local Program. Within 75 days of the close of the public comment
period when the Department is acting as CEQA lead agency, and within 75 days of
the Department's determination that the submitted local program is complete
when the Department is acting as CEQA responsible agency, the Department shall
take one of the following actions:
(1) Make
the findings required by subsection (g) of this section and authorize the
voluntary local program.
(2) If the
Department determines that changes in the voluntary local program are
necessary, the Department shall promptly communicate that determination and
proposed changes to the voluntary local program's designated representative.
With the consent of the voluntary local program designee, the Department may
make changes in the voluntary local program and authorize the revised local
program provided the revisions do not require further environmental analysis or
public notice.
(3) If major changes
requiring additional time or further environmental review are needed, the
Department shall reject the voluntary local program and convey the identified
deficiencies in the local program plan to the designee for further
revisions.
(g) Mandatory
Findings for Authorization of Local Program. The director shall authorize a
voluntary local program only upon making the following written findings in
support of that authorization:
(1) That the
voluntary local program includes management practices that will, to the
greatest extent practicable:
(A) avoid the
take of listed species,
(B)
minimize take of species that cannot be avoided,
(C) encourage the enhancement of habitat;
and
(D) maximize wildlife benefits
without compromising the economics of agricultural
operations.
(2) That the
local program is consistent with the goals and policies of the California
Endangered Species Act and is supported by the best available scientific
information.
(3) For every
significant adverse environmental effect that has been identified for a local
program, one or more of the findings required by section
21081
of the Public Resources Code. The Department may not approve any local program
for which significant adverse environmental effects have been identified if
feasible alternatives or feasible mitigation measures are available that would
substantially lessen a remaining significant adverse environmental effect and
those alternatives or measures have not been incorporated into the local
program. For purposes of these findings:
(A)
"Feasible" means "feasible" as defined in section
21061.1
of the Public Resources Code.
(B)
"Environmental impact report" means an environmental impact report prepared
pursuant to CEQA or, if the Secretary for Resources certifies this article
under section
21080.5
of the Public Resources Code, an environmental analysis prepared pursuant to
this article.
(C) Mitigation
measures shall consist of new or revised management practices designed to
reduce or avoid significant adverse environmental
effects.
(h)
Notice of Decision. Within five working days of authorizing or amending a
voluntary local program, the Director shall file a Notice of Decision with the
Secretary for Resources. The Notice of Decision shall include a statement that
the Director authorized or amended the local program.
1. New
section filed 12-31-98; operative 12-31-98 pursuant to Government Code section
11343.4(d)
(Register 99, No. 1).
2. Amendment of section heading and repealer
and new section filed 8-28-2002; operative 9-27-2002 (Register 2002, No.
35).
Note: Authority cited: Sections
702 and
2086,
Fish and Game Code. Reference: Sections
2062,
2067,
2068
and
2086,
Fish and Game Code.
