§ 10201. The Consolidated Permit Agency Designation Process
(a) The Secretary will designate the consolidated permit agency within 30 days of the date that the notification is received. The Secretary is then responsible for notifying the environmental agency of the decision on the same day that the environmental agency is designated as the consolidated permit agency. The Secretary will select the consolidated permit agency according to the following priority:
(1) If an agency is designated lead by the CEQA process pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, that agency will be the consolidated permit agency;
(2) If an agency is designated a lead agency for the purpose of the Permit Streamlining Act, Chapter 4.5 (commencing with Section65920) of Division 1 of Title 7 of the Government Code, that agency will be designated as the consolidated permit agency;
(3) If the first or second priorities do not apply, the Secretary will select the environmental agency that the Secretary judges to have the greatest overall jurisdiction over the project, to be the consolidated permit agency. The Secretary will consider the following factors:
(A) the types of facilities or activities that make up the project;
(B) the types of public health and safety and environmental concerns that should be considered in issuing environmental permits for the project;
(C) the environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects;
(D) the regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment, such as evaluating comparable risks associated with the project;
(E) a comprehensive risk assessment, if applicable;
(F) the statutory and regulatory requirements that apply to the project;
(G) the geographical location of the project;
(H) the available resources of the environmental agency to carry out the responsibilities of the Consolidated Permit Agency; and
(I) the application submitted pursuant to Health and Safety Code section 25262(b), if applicable, and the reason, if known, that an Administering Agency was not selected pursuant to Health and Safety Code Section 25262(c).
(b) If the environmental agency that was initially designated as the consolidated permit agency declines the designation, the environmental agency will be relieved of all obligations associated with that designation as of the date of receipt of their refusal by the Secretary. When the Secretary receives the refusal, the Secretary will then refer the project to the Council for the designation of a consolidated permit agency. If the council decides to designate the original agency that declined the designation, that agency shall then again be responsible for all obligations associated with being the consolidated permit agency.(1. New section filed 7-12-95; operative 8-11-95 (Register 95, No. 28).)
Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71020 and 71021, Public Resources Code.
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