reglab/housing_qa huggingface dataset:
CA Pub Res Code § 25531 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25531.

25531.  (a) The decisions of the commission on any application for certification of a site and related facility are subject to judicial review by the Supreme Court of California.(b) No new or additional evidence may be introduced upon review and the cause shall be heard on the record of the commission as certified to by it. The review shall not be extended further than to determine whether the commission has regularly pursued its authority, including a determination of whether the order or decision under review violates any right of the petitioner under the United States Constitution or the California Constitution. The findings and conclusions of the commission on questions of fact are final and are not subject to review, except as provided in this article. These questions of fact shall include ultimate facts and the findings and conclusions of the commission. A report prepared by, or an approval of, the commission pursuant to Section 25510, 25514, 25516, or 25516.5, or subdivision (b) of Section 25520.5, shall not constitute a decision of the commission subject to judicial review.(c) Subject to the right of judicial review of decisions of the commission, no court in this state has jurisdiction to hear or determine any case or controversy concerning any matter which was, or could have been, determined in a proceeding before the commission, or to stop or delay the construction or operation of any thermal powerplant except to enforce compliance with the provisions of a decision of the commission.(d) Notwithstanding Section 1250.370 of the Code of Civil Procedure:(1) If the commission requires, pursuant to subdivision (a) of Section 25528, as a condition of certification of any site and related facility, that the applicant acquire development rights, that requirement conclusively establishes the matters referred to in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any eminent domain proceeding brought by the applicant to acquire the development rights.(2) If the commission certifies any site and related facility, that certification conclusively establishes the matters referred to in Sections 1240.030 and 1240.220 of the Code of Civil Procedure in any eminent domain proceeding brought to acquire the site and related facility.(e) No decision of the commission pursuant to Section 25516, 25522, or 25523 shall be found to mandate a specific supply plan for any utility as prohibited by Section 25323.(Amended by Stats. 2001, 1st Ex. Sess., Ch. 12, Sec. 8. Effective May 22, 2001.)
CA Pub Res Code § 25532 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25532.

25532.  The commission shall establish a monitoring system to assure that any facility certified under this division is constructed and is operating in compliance with air and water quality, public health and safety, and other applicable regulations, guidelines, and conditions adopted or established by the commission or specified in the written decision on the application. In designing and operating the monitoring system, the commission shall seek the cooperation and assistance of the State Air Resources Board, the State Water Resources Control Board, the Department of Health, and other state, regional, and local agencies which have an interest in environmental control.(Added by Stats. 1974, Ch. 276.)
CA Pub Res Code § 25534.1 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25534.1.

25534.1.  (a) The executive director of the commission may issue a complaint to any person or entity on whom an administrative civil penalty may be imposed pursuant to Section 25534. The complaint shall allege the act or failure to act for which the civil penalty is proposed, the provision of law authorizing civil liability, and the proposed civil penalty.(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing will be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.(d) Orders setting an administrative civil penalty shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.(e) In determining the amount of the administrative civil penalty, the commission shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the violation is susceptible to removal or resolution, the cost to the state in pursuing the enforcement action, and with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary removal or resolution efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require.(Added by Stats. 1987, Ch. 1079, Sec. 2.)
CA Pub Res Code § 25534.2 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25534.2.

25534.2.  (a) Within 30 days after service of an order issued under Section 25534.1, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil Procedure. If no aggrieved party petition for a writ of mandate is filed within the time provided by this section, an order of the commission is not subject to review by any court or agency, except that the commission may grant review on its own motion of an order issued under Section 25534.1 after the expiration of the time limits set by this section.(b) Upon request of the commission, the Attorney General shall institute an action in the appropriate superior court to collect and recover any administrative civil penalties imposed pursuant to Section 25534.1. The court shall accord priority on its calendar to any action under this subdivision.(c) Any moneys recovered by the commission pursuant to this section shall be deposited in the General Fund.(Added by Stats. 1987, Ch. 1079, Sec. 3.)
CA Pub Res Code § 25535 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25535.

25535.  Such reasonable and direct costs as the applicant incurs to comply with the provisions of this chapter shall be allowed for ratemaking purposes.(Amended by Stats. 1978, Ch. 1090.)
CA Pub Res Code § 25537 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25537.

25537.  Upon approval of an application, the commission shall forward to the United States Nuclear Regulatory Commission, the Environmental Protection Agency, and to other appropriate federal agencies, the results of its studies including the environmental impact report on the facility, the written decision on the facility contained in the application, and the commission’s determination of facility safety and reliability as provided in Section 25511.(Amended by Stats. 1977, Ch. 1114.)
CA Pub Res Code § 25538 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25538.

25538.  Upon receiving the commission’s request for review under subdivision (f) of Section 25519 and Section 25506, the local agency may request a fee from the commission to reimburse the local agency for the actual and added costs of this review by the local agency. The commission shall reimburse the local agency for the added costs that shall be actually incurred by the local agency in complying with the commission’s request. The local agency may also request reimbursement for permit fees that the local agency would receive but for the operation of Section 25500, provided, however, that such fees may only be requested in accordance with actual services performed by the local agency. The commission shall either request a fee from the person proposing the project or devote a special fund in its budget, for the reimbursement of such costs incurred by local agencies.(Amended by Stats. 1981, Ch. 1028, Sec. 1.)
CA Pub Res Code § 25539 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25539.

25539.  In reviewing notices and applications for certification of modifications of existing facilities, the commission shall adopt rules and regulations as necessary to insure that relevant duties pursuant to this division are carried out.(Added by Stats. 1974, Ch. 276.)
CA Pub Res Code § 25540 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.

25540.  If a person proposes to construct a geothermal powerplant and related facility or facilities on a site, the commission shall not require three alternative sites and related facilities to be proposed in the notice. Except as otherwise provided, the commission shall issue its findings on the notice, as specified in Section 25514, within nine months from the date of filing of such notice, and shall issue its final decision on the application, as specified in Section 25523, within nine months from the date of the filing of the application for certification, or at such later time as is mutually agreed to by the commission and the applicant or person submitting the notice or application.(Amended by Stats. 1979, Ch. 1091.)
CA Pub Res Code § 25540.1 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.1.

25540.1.  The commission shall determine, within 30 days after the receipt of a notice or application for a geothermal powerplant, whether the notice or application is complete. If the notice or application is determined not to be complete, the commission’s determination shall specify, in writing, those parts of the notice or application which are incomplete and shall indicate the manner in which it can be made complete. Within 30 days after receipt of the applicant’s filing with the commission the additional information requested by the commission to make the notice or application complete, the commission shall determine whether the subsequent filing is sufficient to complete the notice or application. A notice or application shall be deemed filed for purposes of Section 25540 on the date the commission determines the notice or application is completed if the commission has adopted regulations specifying the informational requirements for a complete notice or application, but if the commission has not adopted regulations, the notice or application shall be deemed filed on the last date the commission receives any additional data that completes the notice or application.(Amended by Stats. 1987, Ch. 335, Sec. 3.)
CA Pub Res Code § 25540.2 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.2.

25540.2.  Notwithstanding any other provision of law:(a) If an applicant proposes to construct a geothermal powerplant at a site which, at the outset of the proceeding, the applicant can reasonably demonstrate to be capable of providing geothermal resources in commercial quantities, no notice of intention pursuant to Section 25502 shall be required, and the commission shall issue the final decision on the application, as specified in Section 25523, within 12 months after acceptance of the application for certification of a geothermal powerplant and related facilities, or at such later time as is mutually agreed by the commission and the applicant.(b) Upon receipt of an application for certification of a geothermal powerplant and related facilities, the commission shall transmit a copy of the application to every state and local agency having jurisdiction over land use in the area involved.(Amended by Stats. 1979, Ch. 1091.)
CA Pub Res Code § 25540.3 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.3.

25540.3.  (a) An applicant for a geothermal powerplant may propose a site to be approved that will accommodate a potential maximum electric generating capacity in excess of the capacity being proposed for initial construction. In addition to the information concerning the initial powerplant and related facilities proposed for construction required pursuant to Section 25520, such application shall include all of the following, to the extent known:(1) The number, type, and energy source of electric generating units which the site is proposed ultimately to accommodate and the maximum generating capacity for each unit.(2) The projected installation schedule for each unit.(3) The impact of the site, when fully developed, on the environment and public health and safety.(4) The amount and sources of cooling water needed at the fully developed site.(5) The general location and design of auxiliary facilities planned for each stage of development, including, but not limited to pipelines, transmission lines, waste storage and disposal facilites, switchyards, and cooling ponds, lakes, or towers.(6) Such other information relating to the design, operation, and siting of the facility as the commission may by regulation require.(b) If an application is filed pursuant to subdivision (a) which proposes a site to be approved which will accommodate a potential maximum electric generating capacity in excess of the capacity being proposed for initial construction, the commission may, in its decision pursuant to subdivision (a) of Section 25540.3, either certify only the initial facility or facilities proposed for initial construction or may certify the initial facility or facilities and find the site acceptable for additional generating capacity of the type tentatively proposed. The maximum allowable amount and type of such additional capacity shall be determined by the commission.If the decision includes a finding that a particular site is suitable to accommodate a particular additional generating capacity, the site shall be designated a potential multiple facility site. The commission may, in determining the acceptability of a potential multiple facility site, specify conditions or criteria necessary to ensure that future additional facilities will not exceed the limitations of the site.(Added by Stats. 1978, Ch. 1271.)
CA Pub Res Code § 25540.4 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.4.

25540.4.  Notwithstanding any other provision of law:(a) The decision of the commission on an application for an additional facility at a potential multiple facility site shall be issued within three months after the acceptance of the application or at such later time as is mutually agreed upon by the commission and the applicant.(b) In reviewing an application for an additional facility at a potential multiple facility site, the commission may, upon a showing of good cause, undertake a reconsideration of its prior determinations in the final report for the site pursuant to Section 25514 or its decision pursuant to Section 25523 based on current conditions and other reasonable alternatives to the proposed facility. Such reconsideration must be completed within seven months after acceptance of such application for an additional facility.(c) The commission shall, pursuant to Section 21100.2, provide by resolution or order for completing and certifying the environmental impact report within the time limits established by subdivisions (a) and (b).(Added by Stats. 1978, Ch. 1271.)
CA Pub Res Code § 25540.5 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.5.

25540.5.  The commission may, at the petition of a county which has adopted a geothermal element for its general plan, approve an equivalent certification program which delegates to that county full authority for the certification of all geothermal powerplants within such county. Once approved by the commission, the equivalent certification program shall replace and supersede the procedures for certification of all geothermal powerplants and related facilities, pursuant to Sections 25540 to 25540.4, inclusive, to be located within such county. The commission may, after public hearings, revoke the approved equivalent certification program of such county if the commission finds that the program does not comply with current commission certification requirements. The equivalent certification program shall include, but not be limited to, provisions for all of the following:(a) Certification of geothermal areas as potential multiple facility sites, if so applied for.(b) Processing of applications in less than 12 months.(c) Periodic review and updating of the program by the county as may be required by law and the commission.(d) Appeal procedures, including appeals to the commission on substantive issues. In any such appeal on a substantive issue, the commission shall determine whether the act or decision is supported by substantial evidence in the light of the whole record. The commission shall determine, within 15 days of receipt of an appeal, whether the appeal has merit and whether action should be taken.(e) Input and review by other relevant public agencies and members of the public.(f) Public hearing procedures equivalent to those specified in Article 6 (commencing with Section 65350) of Chapter 3 of Title 7 of the Government Code.(Added by Stats. 1978, Ch. 1271.)
CA Pub Res Code § 25540.6 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25540.6.

25540.6.  (a) Notwithstanding any other provision of law, no notice of intention is required, and the commission shall issue its final decision on the application, as specified in Section 25523, within 12 months after the filing of the application for certification of the powerplant and related facility or facilities, or at any later time as is mutually agreed by the commission and the applicant, for any of the following:(1) A thermal powerplant which will employ cogeneration technology, a thermal powerplant that will employ natural gas-fired technology, or a solar thermal powerplant.(2) A modification of an existing facility.(3) A thermal powerplant which it is only technologically or economically feasible to site at or near the energy source.(4) A thermal powerplant with a generating capacity of up to 100 megawatts.(5) A thermal powerplant designed to develop or demonstrate technologies which have not previously been built or operated on a commercial scale. Such a research, development, or commercial demonstration project may include, but is not limited to, the use of renewable or alternative fuels, improvements in energy conversion efficiency, or the use of advanced pollution control systems. Such a facility may not exceed 300 megawatts unless the commission, by regulation, authorizes a greater capacity. Section 25524 does not apply to such a powerplant and related facility or facilities.(b) Projects exempted from the notice of intention requirement pursuant to paragraph (1), (4), or (5) of subdivision (a) shall include, in the application for certification, a discussion of the applicant’s site selection criteria, any alternative sites that the applicant considered for the project, and the reasons why the applicant chose the proposed site. That discussion shall not be required for cogeneration projects at existing industrial sites. The commission may also accept an application for a noncogeneration project at an existing industrial site without requiring a discussion of site alternatives if the commission finds that the project has a strong relationship to the existing industrial site and that it is therefore reasonable not to analyze alternative sites for the project.(Amended by Stats. 1999, Ch. 581, Sec. 11. Effective January 1, 2000.)
CA Pub Res Code § 25541 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25541.

25541.  The commission may exempt from this chapter thermal powerplants with a generating capacity of up to 100 megawatts and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications.(Amended by Stats. 1999, Ch. 581, Sec. 12. Effective January 1, 2000.)
CA Pub Res Code § 25541.1 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25541.1.

25541.1.  It is the intent of the Legislature to encourage the development of thermal powerplants using resource recovery (waste-to-energy) technology. Previously enacted incentives for the production of electrical energy from nonfossil fuels in commercially scaled projects have failed to produce the desired results. At the same time, the state faces a growing problem in the environmentally safe disposal of its solid waste. The creation of electricity by a thermal powerplant using resource recovery technology addresses both problems by doing all of the following:(a) Generating electricity from a nonfossil fuel of an ample, growing supply. (b) Conserving landfill space, thus reducing waste disposal costs.(c) Avoiding the health hazards of burying garbage.Furthermore, development of resource recovery facilities creates new construction jobs, as well as ongoing operating jobs, in the communities in which they are located.(Added by Stats. 1984, Ch. 743, Sec. 2.)
CA Pub Res Code § 25541.5 (2021)
2021 California Code|Public Resources Code - PRC|DIVISION 15 - ENERGY CONSERVATION AND DEVELOPMENT|CHAPTER 6 - Power Facility and Site Certification|Section 25541.5.

25541.5.  (a) On or before January 1, 2001, the Secretary of the Resources Agency shall review the regulatory program conducted pursuant to this chapter that was certified pursuant to subdivision (k) of Section 15251 of Title 14 of the California Code of Regulations, to determine whether the regulatory program meets the criteria specified in Section 21080.5. If the Secretary of the Resources Agency determines that the regulatory program meets those criteria, the secretary shall continue the certification of the regulatory program.(b) If the Secretary of the Resources Agency continues the certification of the regulatory program, the commission shall amend the regulatory program from time to time, as necessary to permit the secretary to continue to certify the program.(c) This section does not invalidate the certification of the regulatory program, as it existed on January 1, 2000, pending the review required by subdivision (a).(Repealed and added by Stats. 1999, Ch. 581, Sec. 14. Effective January 1, 2000.)