Sec.22a-1a-2. Determination of sponsoring agency

(a) Each agency responsible for the recommendation or initiation of an action is considered a sponsoring agency for the purpose of the Act and the CEPA regulations. When more than one agency is involved in the recommendation or initiation of an action, one agency shall act as the sponsoring agency. The participating agency or agencies not acting as the sponsoring agency shall share with the sponsoring agency the responsibility for the scope and content of environmental review documents prepared pursuant to the Act and the CEPA regulations.

(b) The determination of the sponsoring agency shall be based on the:

(1) Magnitude of the agency's involvement;

(2) Activity approval or disapproval authority;

(3) Expertise concerning the action's environmental effects;

(4) Duration of the agency's involvement;

(5) Sequence of the agency's involvement.

(c) The sponsoring agency may delegate the task of preparing any environmental review document to a contractor. When such a document is prepared for the sponsoring agency by a contractor, the contractor shall execute a disclosure statement specifying that it has no financial interest in the outcome of the action. If an environmental review document is prepared by a contractor, the sponsoring agency and other participating agencies shall assist in the preparation of the document and shall independently assess the document prior to its general circulation.

(Effective November 6, 1978; Amended September 9, 2019)