Assembly Bill 972 Option A PEA/CEQA Process

This is a flowchart depicting the process districts may be required to perform if a Preliminary Endangerment Assessment (PEA)/California Environmental Quality Act (CEQA) process is required.

Per Education Code Section 17213.1 and California Department of Education policies.

Department of Toxic Substances Control (DTSC) Preliminary Endangerment Assessment (PEA) process (this process may be done before, at the same time, or after a project's CEQA document approval*)
CEQA Process may be done before, at the same time, or after DTSC's PEA approval*.

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

This is California Department of Education (CDE) School Facilities and Transportation Services Division's (SFTSD) interpretation of Assembly Bill 972, Education Code Section 17213.1, items in italics are suggestions only, not in code.

District provides DTSC format Notice to immediate area residents prior to starting PEA field work and prepares PEA.

District submits PEA to DTSC and at same time publishes a newspaper notice and posts school site stating PEA submittal to DTSC and district determination to make PEA available for review and comment via Option 'A', Notice offers to receive written comments for at least 30 calendar days starting on date published. Hearing notice shall include date and location of public hearing and location where public may review PEA documents. (District should submit notice with PEA to DTSC or otherwise advise DTSC of selection of Option 'A'.)

Through the time of public hearing the district makes available to the public the PEA, DTSC requested changes and any other DTSC PEA correspondence. Prior to receipt of public comments, DTSC informs the district if it is likely to disapprove PEA and any district actions required to secure DTSC approval. District may take action required for DTSC to approve the PEA during or after PEA comment period or hearing.

District conducts PEA public hearing, receives further comments.

District transmits copy of all PEA comments received to DTSC. District should notify DTSC of close of review period. The district makes any PEA revisions made after the district's PEA hearing available to the public.

DTSC reviews PEA comments within 30 calendar days of close of the district's PEA public review period DTSC shall approve or disapprove the PEA and inform the district of actions necessary to secure PEA approval. District takes such action.

DTSC approves PEA and determines Response Action or Further Investigation is required.
District prepares cost estimate and financial analysis of response action, assesses site benefits and suitability, obtains CDE Contingent Site Approval, prepares Response Action for approval under DTSC Voluntary Cleanup Agreement, conducts Public Participation Plan. District or DTSC completes CEQA for Response Action. DTSC notifies Division of State Architect (DSA) if any design conditions are necessary to protect response action. If necessary district acquires site.
District implements Response Action under DTSC oversight.
DTSC certifies Response Action is complete.
The district may seek CDE final approvals after PEA is approved and CEQA (if necessary Response Action) is completed.

or

DTSC approves PEA and determines No Further Action or Investigation is required. The district may seek CDE final approvals after PEA is approved and CEQA (if necessary Response Action) is completed.

Recommendations after the first step:

District prepares initial study, if DEIR is needed circulates Notice of Preparation (or if CEQA document previously approved decide if further CEQA documentation is necessary based upon available Phase 1 PEA information).

District prepares draft Negative Declaration or draft EIR on project. This may include Response Action (or if necessary, subsequent, supplemental, or addendum to prior CEQA documentation) or DTSC is lead agency on separate response action CEQA documentation including Phase 1, PEA, and DTSC information.

District provides Notice of draft CEQA documentation availability and public comment period, intent to adopt Negative Declaration or Notice of Completion of draft EIR pursuant to CEQA.

District conducts draft CEQA public review and comment period and State Clearinghouse circulation of CEQA documentation (30 days for Negative Declaration, 45 days for DEIR). District responds to DEIR comments.

District may conduct public hearing on draft CEQA documentation and may approve* Negative Declaration or certify Final EIR.

District may approve* project any time after CEQA documentation approval and file Notice of Determination within 5 working days.

The district may seek CDE final approvals after PEA is approved and CEQA (if necessary Response Action) is completed.

*When possible the district may wish to obtain DTSC's PEA approval prior to approving CEQA and the project, or if the PEA is disapproved or modified, consider if a subsequent or supplemental CEQA document and circulation is necessary.

Note that not all DTSC, CDE, CEQA or Education Code requirements or policies are shown on this chart. Districts may elect not to pursue a site at any time and projects may be approved in phases.