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AAV of CDE Site Approval and DTSC Review Process


This is an Accessible Alternative Version of the flowchart of the California Department of Education (CDE) and Department of Toxic Substances Control (DTSC) review (PDF), not all requirements are shown. The Adobe Acrobat Portable Document should be the preferred version for downloading.

(For Districts seeking State Facility Program funding or CDE review, per Assembly Bill 2644 and CDE Policy effective September 14, 2000).

Disclaimer: This is a linear list of the decisions from the flowchart and it may not represent the actual flow of information.

Note: Financial hardship Districts may seek CDE Contingent Site Approval at any time regardless of DTSC project status.

Note: Districts may elect not to pursue site at any point in the process and not all requirements are shown on the chart.

SFPD 4.0 Site Review - conditions/ranking of alternate sites.

District contracts with qualified Environmental Assessor to supervise preparation of and sign Phase 1 to ASTM/DTSC standards on preferred site(s).

Phase 1 concludes no further investigation is required, District submits two copies of Phase 1 with qualifications to School Facilities and Transportation Services Division (SFTSD) along with $1,500 payable to CDE for DTSC review.

SFPD submits Phase 1 to DTSC within ten calendar days of receipt of Phase 1 and fee.

DTSC conducts review of Phase 1 (or additional information) within 30 calendar days of receipt.

DTSC approves Phase 1, determines "No Action" is needed, no health/environmental threat, notifies District.

District may proceed with Final Site Approval SFPD 4.01 requirements.

SFPD 4.0 Site Review conditions/ranking of alternate sites.

District contracts with qualified Environmental Assessor to supervise preparation of and sign Phase 1 to ASTM/DTSC standards on preferred site(s).

Phase 1 concludes Preliminary Endangerment Assessment (PEA) (further investigation) is needed due to recognized environmental conditions. District submits one copy with no fee to CDE.

District applies for and enters into Environmental Oversight Agreement (EOA) with DTSC to oversee PEA, District contracts with qualified Environmental Assessor to prepare PEA.

District provides DTSC's approved public notice to immediate area residents prior to starting PEA.

If necessary District seeks DTSC site access authority, completes and submits Preliminary Draft PEA to DTSC for review within 60 calendar days of receipt. At this point DTSC may request modifications to draft PEA, District takes action to secure approval and resubmits.

DTSC approves final draft PEA, determines "No Further Action" required, no threat to health or environmental, notifies District.
or
DTSC approves Final Draft PEA, determines release, threat, or naturally occurring hazardous materials, further investigation and Response Action is required.

If "No Further Action" required District makes Final Draft PEA available on same basis and time as draft CEQA document (notices/conducts public comment period/hearing on Final Draft PEA and draft CEQA documents). District approves project's CEQA document only (may also approve site acquisition as separate advance phase of project). District immediately submits all comments received to DTSC.

Within 30 days of District's CEQA approval, DTSC issues Final PEA approval or disapproves and requests revisions. District submits any revisions.

District considers if any changes are necessary to CEQA determination. District approves project (with Response Action, if any) files CEQA Notice of Determination.

District may proceed with Final Site Approval SFPD 4.01 requirements.

If further investigation and Response Action is required District enters DTSC Voluntary Cleanup Agreement, contracts Assessor for preparation of Removal Action Workplan or studies leading to a Remedial Action Plan for DTSC approval, conducts DTSC Public Participation Plan activities, prepares financial analysis and cost estimate of response action, assesses benefits compared to alternate sites, evaluates suitability of alternative sites, obtains SFPD Contingent Site Approval and may seek DTSC Environmental Hardship and SFTSD best available site determination. District or DTSC is lead agency on separate or concurrent Response Action CEQA document. If necessary and after CEQA approval District acquires site.

District implements Response Acts under DTSC oversight.

DTSC certifies all Response Actions completed, notifies Department of State Architect if any facility design condition.

District may proceed with Final Site Approval SFPD 4.01 requirements.

Questions:   School Facilities and Transportation Services Division | sftsd@cde.ca.gov | 916-322-2470
Last Reviewed: Thursday, July 13, 2023