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AB 972 (Calderon) became effective October 13, 2001. This bill changed the Preliminary Endangerment Assessment (PEA) public review and approval process. These changes are not yet reflected on this website. Please contact the SFPD representative assigned to your county, or the DTSC, for more information on the effects of AB 972. This website is being updated to reflect the changes made by AB 972 and AB 1367 (Wiggins). AB 1367 takes effect on January 1, 2002.
Below is some basic information about the Site Approval process.
Your school district will work primarily with the California Department of Education's (CDE) School Facilities Planning Division (SFPD) and the Department of Toxic Substances Control (DTSC). Together, they will identify an appropriate school site that meets the following general criteria:
- The site is safe and supports learning.
- The site does not contain hazardous material which would pose a threat to human health or the environment.
The CEQA review, which does not involve the SFPD or DTSC, ensures that construction on the site will not have any significant effect on the environment, or those effects can be avoided or mitigated.
It is theoretically possible that as many as 40 different State agencies or offices can be involved in the Site Approval process (mainly during CEQA review), but most school construction projects require far fewer. The SFPD is the key agency in all proposed school construction projects.
Your school district has:
In order to assemble the various documents required to obtain site approval, your district will require the help of outside consultants. Your district's architect and/or civil engineer will normally recommend, or help your district locate, appropriate consultants.
Specifically, your school district must hire a qualified environmental assessor to conduct environmental reviews in accordance with the standards of the American Society of Testing and Materials (ASTM). A qualified assessor may be any of the following:
- A Class II environmental assessor, or REA II, registered by the Office of Environmental Health Hazard Assessment (OEHHA)
- A hazardous substance contractor licensed by the Contractors State License Board (CLSB)
- Other licensed professionals registered in California, including professional engineers, registered geologists, and certified engineering geologists
Per California Education Code Section 17210(b), any person who conducts a Phase 1 Environmental Assessment (Phase 1) must have at least two years' experience. Any person who conducts a Preliminary Endangerment Assessment (PEA) must have at least three years' experience.
To identify qualified REA IIs, see the Registered Environmental Assessor (REA) program website at http://www.dtsc.ca.gov/REA/.
If your district will be applying for funding from the State, it must use a competitive selection process to obtain all professional services used on its project.
Under State law, your district must obtain SFPD site approval if it will be applying for any State funding for a new construction project.
Districts that do not request State funding must follow applicable laws and regulations governing site selection, but do not need the SFPD site approval. For more information, see Tasks to Complete.
The SFPD grants final site approval, but other agencies may be involved. In particular, before the SFPD will issue a final site approval letter, the Department of Toxic Substances Control (DTSC) must determine that no action or further action is required on the site. Your district obtains the approval of these additional agencies during the required environmental reviews.
The Site Approval process can take months to complete, depending on the issues that arise when your district performs the required environmental reviews of the site. The SFPD encourages your district to begin these environmental reviews as soon as your district receives the SFPD site ratings and selects its preferred site.
The SFPD review and ranking of your district's potential sites takes approximately two weeks.
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