Assembly Bill 972 Option B 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 (CDE) policies.

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

This is the 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.

Department of Toxic Substances Control (DTSC) Preliminary Endangerment Assessment (PEA) Process

District submits PEA to DTSC for completed review within 60 calendar days of receipt, at same time publishes newspaper notice and posts school site stating PEA submittal to DTSC and district determination to make PEA available for review and comment via Option 'B'. (The district should submit notice with PEA to DTSC or otherwise advise DTSC of Option 'B' selection.)

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

Within 60 calendar days of receipt, DTSC requests PEA modifications and further investigation. The district may prepare and submit PEA revisions to DTSC.
or
Within 60 calendar days of receipt or anytime after receipt of requested revisions DTSC concurs with PEA Adequacy.

If a Response Action is required the district may now prepare cost estimates and financial analysis of Response Action, assess site benefits and suitability, obtain CDE Contingent Site Approval, prepare Response Action for approval under DTSC Volunteer Cleanup Agreement for concurrent PEA, draft CEQA review and conduct DTSC Public Participation Plan, or do all separately and after PEA approval.

Linked PEA/CEQA Review and Hearing

If the district's CEQA documentation will not be available until more than 90 days after DTSC approval of PEA the district shall publish separate Notices of Availability of PEA in a local newspaper within 60 calendar days of approval of PEA and then completes CEQA process.
and
District provides Notice of PEA Availability and comment period along with intent to adopt Negative Declaration or Notice of Completion of draft EIR pursuant to CEQA
District conducts PEA/CEQA Public Review and Comment Period and State Clearinghouse circulation of CEQA documentation (30 days for Negative Declaration, 45 days for DEIR), and the district responds to DEIR comments.
At the same time the district conducts Hearing on PEA and draft CEQA documentation and approves Negative Declaration or Certifies Final EIR. The district should notify DTSC of CEQA approval.
District makes PEA available to the public on same basis and at the same time it makes the site's draft CEQA document available pursuant to CEQA.

and

District immediately forwards all PEA comments to DTSC.

DTSC reviews PEA and comments within 30 days of district's CEQA document approval. DTSC shall approve PEA or disapprove PEA and inform the district of actions necessary to secure approval. District takes action.

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

If not previously completed, district prepares financial analysis of Response Action, assess site benefits and suitability, obtains CDE Contingent Site Approval, prepares Response Action for approval under DTSC VCA, conducts Public Participation Plan and district or DTSC completes CEQA for Response Action. DTSC notifies Division of the State Architect of any design conditions. If necessary district acquires site.

District implements response Action under DTSC oversight.

DTSC certifies Response Action is completed.

District may seek CDE final approvals after PEA is approved and CEQA (and if necessary Response Action) is/are completed.

Recommendations after the first step CEQA Process:

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

District prepares Draft Negative Declaration or Draft EIR on Project - may include Response Action (or if necessary supplement, subsequent or addendum to prior CEQA documentation. DTSC may be lead agency on separate Response Action CEQA documentation) includes Phase 1 PEA information.

District may Approve* Project any time after CEQA documentation approval and File Notice of Determination within 5 working days.

*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 subsequent or supplemental CEQA documentation and circulation is necessary.

Note: 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.