The Department, acting as a Responsible Agency, must assume the responsibilities of Lead Agency when the following conditions occur: the Lead Agency fails to prepare an EIR, inadequately prepares an EIR without consulting the department, or a subsequent EIR is required and the statute of limitations for challenging the Lead Agency's action under CEQA has expired (see Section 15065.3 of State EIR Guidelines). The Department may charge and collect fees if it prepares an EIR or an ND for projects for which it is the Lead Agency but not the implementing agency.
Cal. Code Regs. Tit. 25, § 6972
Note: Authority cited: Section 21082, Public Resources Code. Reference: Title 14, CAC, Section 15050; and Section 21165, Public Resources Code.