reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The purpose of the selection process for private
					 architectural, landscape architectural, engineering, environmental, land
					 surveying and construction project management firms is to provide procedures
					 that assure such services are engaged on the basis of demonstrated competence
					 and qualifications for the types of services to be performed, at fair and
					 reasonable prices to the Department of Boating and Waterways.
1. New
					 article 11 (sections
					 8100-8100.13) and section filed
					 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4525 and
						4526,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall be used in this
					 article.
(a) "Architectural, landscape
				  architectural, engineering, environmental, land surveying services" includes
				  those professional services of an architectural, landscape architectural,
				  engineering, environmental, or land surveying nature as well as incidental
				  services that members of these professions and those in their employ may
				  logically or justifiably perform.
(b) "Construction project management" means
				  those services provided by a licensed architect, registered engineer, or
				  licensed general contractor which meet the requirements of Section
				  4529.5 of
				  the Government Code for management and supervision of work performed on state
				  construction projects.
(c)
				  "Contract" means any agreement entered into by the Department for
				  architectural, landscape architectural, engineering, environmental, land
				  surveying, and construction project management services.
(d) "Department" means the Department of
				  Boating and Waterways.
(e) "Firm"
				  means any individual, firm, partnership, corporation, association, or other
				  legal entity permitted by law to practice the professions of architecture,
				  landscape architecture, engineering, environmental services, land surveying or
				  construction project management.
(f) "Multiple Contracts" means contracts that
				  may be awarded to multiple firms.
(g) "On-Call Contracts" means contracts for
				  projects that involve more than one component, site, or activity.
(h) "Single Firm Contract" means a contract
				  that is let to the single most qualified firm.
(i) "Small Business" is a firm that meets the
				  definition of "small business" provided in Government Code Section
				  14837.
(j) "Specific Project Contract" is a contract
				  for a project that involves a single subject matter and may result in a single
				  contract.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4525,
						4526 and
						14837 Government
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.2 - Contract Types

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The Department may utilize specific project contracts, single firm contracts,
				  multiple contracts, or on-call contracts depending on the specific situation.
				  All contract types are subject to this Article.
(b) Multiple contracts may be awarded for
				  contracts that cover different, specific geographic regions; contracts that
				  encompass different specific, unique disciplines; or contracts for which there
				  would be a primary contractor, with a backup contractor in the event the
				  primary contractor is unavailable for the assignment.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4525 and
						4526,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.3 - Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Department shall establish selection criteria that will
					 comprise the basis for the selection of eligible firms to perform the required
					 services. The criteria may include such factors as professional experience of
					 the firm in performing services of similar nature; quality and relevance of
					 recently completed or ongoing work; reliability, continuity, and location of
					 firm to the project site; staffing capability; education and experience of key
					 personnel to be assigned; knowledge of applicable regulations and technology
					 associated with the services required; specialized experience of the firm in
					 the services to be performed; participation as small business firm; and other
					 factors the Department deems relevant to the specific task to be
					 performed.
The Department may weigh these factors according to the
					 nature of the proposed project, the complexity and special requirements of the
					 specific services, and the needs of the Department.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4527 and
						4529.5,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.4 - Request for Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A statewide announcement of each proposed
				  project shall be published in the California State Contracts Register, in
				  accordance with the Government Code (commencing with Section
				  14825), and in the publications of
				  the respective professional societies. Failure of any professional society to
				  publish the announcement shall not invalidate any contract.
(b) The announcement for each proposed
				  project shall include, at a minimum, a brief description of the services
				  required, location and duration of services, criteria upon which the award will
				  be made, submittal requirements, contact person for the Department, and the
				  final response date for receipt of statements from firms of their demonstrated
				  competence and professional qualifications.
(c) The Department shall identify potentially
				  qualified small business firms interested in contracting with the Department,
				  and shall provide copies of project announcements to those small business firms
				  that have indicated an interest in receiving the announcements. Failure of the
				  Department to send a copy of an announcement to any firm shall not invalidate
				  any contract.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526,
						4527 and
						14825,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.5 - Annual Submission of Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In compliance with Government Code section
					 4527,
					 interested firms may submit their qualifications and performance data to the
					 Department annually throughout the year. The Department may consider such
					 qualifications and performance data when selecting a contractor in accordance
					 with Section
					 8100.6. Such qualifications and
					 performance data that are on file with the Department for longer than one year,
					 and not subsequently renewed or refiled, shall not be considered by the
					 Department in its selection process.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4527,
						Government Code. Reference: Section
						4527,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.6 - Selection of Qualified Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the expiration of the final
				  response date in the published project announcement, the Department shall
				  review and evaluate the written statements of demonstrated competence and
				  professional qualifications using the selection criteria in the published
				  project announcement, and rank, in order of preference, the firms determined as
				  most highly qualified to perform the required services.
(b) The Department shall conduct discussions
				  with at least the three most eligible firms, or a lesser number if fewer than
				  three eligible firms have responded, about anticipated concepts and the benefit
				  of alternative methods for furnishing the required services. From the firms
				  with which discussions are held, the Department shall select, in order of
				  preference, not less than three firms, or lesser number if fewer than three
				  eligible firms responded, deemed to be the most highly qualified to perform the
				  required services.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526 and
						4527,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.7 - Negotiation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) From among the
				  firms selected in Section
				  8100.6, as most highly qualified
				  to perform the services required, the Department shall attempt to negotiate a
				  satisfactory contract with the best qualified firm at a compensation which the
				  Department determines is fair and reasonable.
(b) If the Department is unable to negotiate
				  a satisfactory contract with the best qualified firm at a compensation which
				  the Department determines is fair and reasonable, negotiations with that firm
				  shall be terminated and negotiations undertaken with the second best qualified
				  firm. If unable to negotiate a satisfactory contract with the second best
				  qualified firm at a compensation which the Department determines is fair and
				  reasonable, negotiations with that firm shall be terminated and negotiations
				  undertaken with the third best qualified firm. If unable to negotiate a
				  satisfactory contract with the third best qualified firm at a compensation
				  which the Department determines is fair and reasonable, negotiations with that
				  firm shall be terminated.
(c) Where
				  the Department is unable to negotiate a satisfactory contract in accordance
				  with subsections (a) and (b), the Department shall continue the negotiations
				  process with the remaining qualified firms, if any, in order of preference,
				  until a satisfactory contract is reached. If unable to negotiate a satisfactory
				  contract with any of the qualified firms, the Department shall abandon the
				  negotiation process for the required services.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4527 and
						4528,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.8 - Estimated Value of Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Before entering into discussion with any
				  firm selected pursuant to Section
				  8100.6, Department staff shall
				  prepare an estimate of the value of the proposed contract, based upon accepted
				  rates for comparable services. The estimate will serve as a guide in
				  determining fair and reasonable compensation in the negotiation of a
				  satisfactory contract in accordance with the provisions of Section
				  8100.7, and shall not be disclosed
				  until award of the contract or abandonment of the negotiation process for the
				  services to which it relates.
(b)
				  At any time the Department determines the estimate prepared in accordance with
				  (a) to be unrealistic for any reason, the Department shall reevaluate the
				  estimate and, if necessary, modify the estimate.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526 and
						4528,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.9 - Amendments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Department determines that a change in the
					 contract is necessary during the performance of the services, the parties may,
					 by mutual consent, in writing, agree to modifications, additions or deletions
					 in the general terms, conditions and specifications for the services involved,
					 with a reasonable adjustment in the firm's compensation.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4527 and
						4528,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.10 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the Department determines it is necessary or
					 desirable for a project to be performed in separate phases, the Department may
					 negotiate a partial compensation for the initial phase of the services
					 required; provided, however, the Department first determines that the firm
					 selected is best qualified to perform the entire project. The contract shall
					 include a provision that the Department may, at its option, utilize the firm to
					 perform other phases of the services at a compensation which the Department
					 determines is fair and reasonable, to be later negotiated and included in a
					 mutual written agreement. In the event that the Department exercises its option
					 under the contract to utilize the firm to perform other phases of the project,
					 the procedures of Sections
					 8100.7 and
					 8100.8, regarding estimates of
					 value of services and negotiation shall be followed.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Sections
						4526 and
						4528,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.11 - Department's Power to Require Bids

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Department determines that the services are
					 technical in nature and involve little professional judgment and that requiring
					 bids would be in the public interest, a contract may be awarded on the basis of
					 competitive bids and not the procedures of this Article.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Section
						4529,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.12 - Unlawful Considerations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each contract shall include a provision by which the firm
					 warrants that the contract was not obtained or secured through rebates,
					 kickbacks or other unlawful considerations either promised or paid to any
					 Department employee. Failure to adhere to this warranty may be cause for
					 contract termination and recovery of damages under the rights and remedies due
					 the Department under the default provision of the contract.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Section
						4526,
						Government Code. Reference: Section
						4526,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 11 - Selection Process for Private Architectural, Landscape Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 8100.13 - Prohibited Relationships

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No Department employee who participates in the evaluation
					 or selection process leading to award of a contract shall have a relationship
					 with any of the firms seeking that contract, if that relationship is subject to
					 the prohibition of Government Code Section
					 87100.
1. New
					 section filed 5-3-2004; operative 5-3-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 19).
Note: Authority cited: Sections
						4526 and
						4527,
						Government Code. Reference: Sections
						4526,
						4527,
						87100 and
						87102,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 12 - Vessel Operators' Education and Certification Cards › Section 8200 - Short Title

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This article shall be known and may be cited as, the
					 California Boater Card Regulations, under the Department of Parks and
					 Recreation, Division of Boating and Waterways.
1. New
					 article 12 (sections
					 8200-8200.4) and section filed
					 12-16-2019; operative 12-16-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 51).
Note: Authority cited: Section
						678,
						Harbors and Navigation Code. Reference: Section
						678,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 12 - Vessel Operators' Education and Certification Cards › Section 8200.1 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall be used in this
					 article:
(a) "Division" means the
				  State of California, Department of Parks and Recreation, Division of Boating
				  and Waterways.
(b) "Operator" means
				  the person on board who is steering the vessel while underway.
(c) "California Boater Card" means a vessel
				  operator card pursuant to the requirements of Harbors and Navigation Code
				  sections
				  678.
1. New
					 section filed 12-16-2019; operative 12-16-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 51).
Note: Authority cited: Section
						678,
						Harbors and Navigation Code. Reference: Sections
						32,
						651
						and
						678,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 12 - Vessel Operators' Education and Certification Cards › Section 8200.2 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The fee for the
				  California Boater Card is $10 and is paid when submitting the California Boater
				  Card application to the Division.
(b) The fee for a replacement California
				  Boater Card is $5 and is paid with each replacement California Boater Card
				  application requesting a replacement California Boater Card.
1. New
					 section filed 12-16-2019; operative 12-16-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 51).
Note: Authority cited: Sections
						678
						and
						678.3,
						Harbors and Navigation Code. Reference: Sections
						678
						and
						678.3,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 1 - Division of Boating and Waterways › Article 12 - Vessel Operators' Education and Certification Cards › Section 8200.4 - Temporary and Permanent California Boater Card

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a person has completed a Division
				  approved boating safety course and has submitted proof that they have passed a
				  Division approved boating safety course, the Division will issue a temporary
				  California Boater Card with the same rights as a permanent California Boater
				  Card pending issuance of a permanent California Boater Card that will replace
				  the temporary card.
(b) The
				  California Boater Card will have the following applicant's information on the
				  card, as follows: first and last name, address, sex or gender, eye color, hair
				  color, height, and date of birth. It will also have the date of issue, and a
				  unique California Boater Card identification number as issued by the Division.
				  The temporary California Boater Card will not have the applicant's address, but
				  includes all other information.
1. New
					 section filed 12-16-2019; operative 12-16-2019 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2019, No. 51).
Note: Authority cited: Section
						678,
						Harbors and Navigation Code. Reference: Section
						678,
						Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 2 - Regulations for Implementation of the California Environmental Quality Act of 1970

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter 2
				( §§
									8500 through
				8530, not consecutive) filed
				6-15-73; effective thirtieth day thereafter (Register 73, No.
				24).
2. Amendment filed 5-13-80; effective thirtieth day thereafter
				(Register 80, No. 20).
3. Repealer of Chapter 2 (Articles 1-6,
				Sections 8500-8530, not consecutive) filed
				12-3-81; effective thirtieth day thereafter (Register 81, No. 49). For prior
				history, see Register 74, No. 25.
Note: Authority cited: Section
				  21082,
				  Public Resources Code; and Section
				  63.9,
				  Harbors and Navigation Code. Reference: Sections
				  21000,
				  21174,
				  Public Resources Code; and Sections
				  71.4
				  and
				  72.5,
				  Harbors and Navigation Code.
California Code of Regulations › Title 14 - Natural Resources › Division 4 - Division of Boating and Waterways › Chapter 3 - Conflict of Interest Code › Section 8600 - General Provisions. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New Chapter
				  3, Articles 1-5 (Sections
				  8600-8650, not consecutive) filed
				  5-13-77; effective thirtieth day thereafter. Approved by Fair Political
				  Practices Commission 3-17-77 (Register 77, No. 20).
2. Repealer of
				  Chapter 3 (Articles 1-5, Sections
				  8600-8650, not consecutive) and
				  new Chapter 3 (Section
				  8600 and Appendix) filed 2-26-81;
				  effective thirtieth day thereafter. Approved by Fair Political Practices
				  Commission 12-1-80 (Register 81, No. 9).
3. Amendment of section and
				  Appendix filed 2-11-2003; operative 3-13-2003. Submitted to OAL for printing
				  only (Register 2003, No. 7).
4. Repealer of section and Appendix
				  filed 3-14-2017; operative 4-13-2017 pursuant to Cal. Code Regs., tit. 2,
				  section 18750(l).
				  Approved by the Fair Political Practices Commission 2-22-2017 and submitted to
				  OAL for filing and printing only pursuant to Cal. Code Regs., tit. 2, section
				  18750(k)
				  (Register 2017, No. 11).
Note: Authority cited: Sections
					 87300 and
					 87304,
					 Government Code. Reference: Section
					 87300, et seq., Government
					 Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 1 - Interpretation of Regulations › Section 10110 - Purpose of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations supplement and interpret the
					 McAteer-Petris Act (Sections
					 66600
					 through
					 66661 of
					 the Government Code), the Suisun Marsh Preservation Act (Sections
					 29000
					 through
					 29610
					 of the Public Resources Code), the San Francisco Bay Conservation and
					 Development Commission's San Francisco Bay Plan, the San Francisco Bay
					 Conservation and Development Commission's Suisun Marsh Protection Plan, the
					 Coastal Zone Management Act of 1972, as amended (16 U.S.C. Sections
					 1451 through
					 1464), the California
					 Environmental Quality Act (Sections
					 21000
					 through
					 21176
					 of the Public Resources Code), and the act creating the State Coastal
					 Conservancy (Division 21 of the Public Resources Code), as all of them may be
					 amended from time to time. No attempt has been made to reproduce in these
					 regulations the definitions, policies, and other provisions found in the Acts
					 and in the Plans. Therefore, these regulations should be read together with the
					 Acts and the Plans.
1. New
					 Division 5 (§§
											10110 through
					 10836, not consecutive) filed
					 11-10-70; effective thirtieth day thereafter (Register 70, No.
					 46).
2. Amendment filed 11-28-80; effective thirtieth day thereafter
					 (Register 80, No. 48).
3. Amendment filed 5-18-87; operative 6-17-87
					 (Register 87, No. 30).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Title 7.2, Government Code; Divisions 13, 19
						and 21, Public Resources Code; San Francisco Bay Plan; Suisun Marsh Protection
						Plan; and 16 U.S.C. Sections
						1451-1464(a).
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 1 - Interpretation of Regulations › Section 10111 - Explanation of References

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
References in these regulations to "Chapter__________,"
					 "Subchapter__________," "Article__________," "Section__________," and
					 "Paragraph (__________)" denote subdivisions of these
					 regulations.
1. Amendment
					 filed 11-28-80; effective thirtieth day thereafter (Register 80, No.
					 48).
2. Amendment filed 5-18-87; operative 6-17-87 (Register 87, No.
					 30).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Title 7.2, Government Code; and Divisions 13,
						19 and 21, Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10120 - Emergency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Emergency," as used in the McAteer-Petris Act, the Suisun
					 Marsh Preservation Act, and in these regulations other than in the context of
					 calling an emergency meeting means a sudden, unexpected situation that poses an
					 immediate danger to life, health, property, or essential public services and
					 that demands action by the Commission more quickly than the Commission's normal
					 permit procedures would allow. A sudden, unexpected situation that poses an
					 immediate danger to life, health, property, or essential public services may
					 include, for example, an accident, sabotage, vandalism, fire, flood,
					 earthquake, or soil or geologic movements.
1. Amendment
					 filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2. Amendment
					 filed 9-25-96; operative 10-25-96 (Register 96, No. 39).
3.
					 Amendment filed 8-2-2022; operative 10-1-2022 pursuant to Government Code
					 section
					 11343.4(a)
					 (Register 2022, No. 31). Transmission deadline specified in Government Code
					 section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order N-40-20
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						66632(f)
						and
						11125.5,
						Government Code; and Section
						29509(a),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10122 - Slough

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Slough" means:
(a) a stream of water labelled as a slough on
				  the U.S. Geological Survey maps current as of September 1, 1968; or
(b) any other stream of water that passes
				  through a tidal marsh or mudflat or a former tidal marsh or mudflat extending
				  up to the shoreline, except those certain waterways covered by the provisions
				  of subdivision (e) of Government Code Section
				  66610 and
				  those waterways enumerated in Section
				  10121(b).
1. Repealer
					 of former Section
					 10122, and renumbering and
					 amendment of Section
					 10131 to Section
					 10122 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 44.
2. Amendment of subsection (b) and NOTE filed 5-24-96;
					 operative 6-23-96 (Register 96, No. 21).
Note: Authority cited: Section
						66632(f),
						Government Code. Reference: Section
						66610(a); and
						Littoral Dev. Co. v. San Francisco Bay Conservation and Dev. Comm'n (1994) 24
						Cal.App. 4th 1050, 29 Cal. Rptr. 2d
						518.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10123 - Areas Excluded from Commission Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An area that would fall within the
				  Commission's jurisdiction only as the result of the natural destruction of a
				  man-made works, such as a dike, levee, or other similar tidal control
				  structure, shall remain excluded from the Commission's jurisdiction:
(i) for a period ending one year after the
				  event or occurrence causing the natural destruction of a man-made works if the
				  affected property owner completes the repairs of the destruction within one
				  year of the event or occurrence; or
(ii) if the affected property owner gives the
				  Commission written notice within one-hundred and eighty (180) days of the event
				  or occurrence causing the natural destruction of a man-made works and provides
				  an estimate of the time that will be required to complete the repairs of the
				  destruction that exceeds one year after the event or occurrence causing such
				  natural destruction, for such longer period as may be specified by Commission
				  resolution based upon its finding that repairs of the destruction could not
				  physically be completed within one year after the event or occurrence causing
				  such natural destruction; and
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10124 - Coastal Management Program for San Francisco Bay

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Coastal Management Program for San Francisco Bay" means
					 the documents for the San Francisco Bay segment of the California coastal zone
					 approved as consistent with the Coastal Zone Management Act of 1972, as
					 amended, by the Office of Coastal Zone Management, United States National
					 Oceanic and Atmospheric Administration. It consists of a narrative portion that
					 describes the Bay segment of the California Coastal Zone Management Program and
					 BCDC compliance with the requirements established by the Office of Ocean and
					 Coastal Resource Management under Section
					 306 of the Coastal Zone Management
					 Act. It also contains appendices that include all relevant statutes, plans, and
					 regulations.
1. Repealer
					 of former Section
					 10124, and renumbering and
					 amendment of Section
					 10128 to Section
					 10124 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 73, No. 16.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: The Coastal Zone Management Act, as amended,
						16 USC Sections
						1451-1464; and Section
						29205, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10125 - Substantial Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Substantial change in use" includes any one of the
					 following:
(a) as to any "salt pond"
				  or "managed wetland," any change in use including abandonment which, for the
				  purposes of this section, shall include any draining of water except temporary
				  draining for a short period of time in accordance with routine operating
				  practice; or
(b) as to other areas
				  within the Commission's McAteer-Petris Act jurisdiction, any construction,
				  reconstruction, or alteration of a structure, or any other activity, whether or
				  not involving a structure, if the construction, reconstruction, or alteration
				  of a structure or the activity either:
(1)
				  has an estimated cost of $500,000 or more;
(2) involves a change in the general category
				  of use of a structure or of water or land, i.e., agriculture, residential,
				  commercial, office, industrial, recreational, vacant non-use, etc.;
(3) involves a substantial change in the
				  intensity of use, to either a substantially greater or lesser intensity of
				  use;
(4) adversely affects (i)
				  existing public access or (ii) future public access as shown on any Commission
				  permit, the San Francisco Bay Plan, any Commission special area plan, or any
				  other Commission planning document; or
(5) is any subdivision of land pursuant to
				  the Subdivision Map Act (Government Code Section
				  66410 et
				  seq.) or other division of land, including a lot split, where the subdivision
				  or other division of land will substantially affect either present or future
				  public access to or along the shoreline or substantially affect either the
				  present or future suitability of a water-oriented priority land use site for
				  that priority use, but not a subdivision or other division of land that is
				  brought about in connection with the acquisition of an interest in such land by
				  a public agency for wildlife habitat, marsh restoration, public recreation, or
				  public access.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10126 - Members of the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Members of the Commission," "members," and "Commissioner,"
					 means any Commissioner appointed pursuant to Section
					 66620 of
					 the Government Code and any Alternate appointed pursuant to Section
					 66622 of
					 the Government Code, provided that a Commissioner and his or her Alternate may
					 not both constitute the two members of the Commission appealing an action
					 pursuant to Section
					 29522
					 of the Public Resources Code.
1.
					 Renumbering and amendment of former Section
					 10126 to Section
					 10121, and renumbering and
					 amendment of Section
					 10138 to Section
					 10126 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 79, No. 44.
Note: Authority cited: Section
						29201(e),
						Public Resources Code. Reference: Section
						29522,
						Public Resources Code; and Section
						1774,
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10127 - Houseboat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "houseboat" is a boat that is used for a residential or
					 other nonwater-oriented purpose and that is not capable of being used for
					 active navigation.
1. New
					 section filed 8-6-87; operative 9-5-87 (Register 87, No. 34).
2.
					 Editorial renumbering of Section
					 10128"Houseboat" to Section
					 10127 (Register 87, No.
					 47).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; Section
						29008,
						Public Resources Code; and the San Francisco Bay Conservation and Development
						Commission, San Francisco Bay Plan, Recreation (As amended March 20, 1986,
						pursuant to Government Code Section
						66652).
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10128 - Live-Aboard Boat

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A "live-aboard boat" is a boat that is not a transient
					 boat, that is capable of being used for active self-propelled navigation, and
					 that is occupied as a residence as that term is defined in California
					 Government Code Section
					 244.
1. New
					 section filed 8-6-87; operative 9-5-87 (Register 87, No. 34).
2.
					 Editorial renumbering of Section
					 10127"Live-Aboard Boat" to Section
					 10128 (Register 87, No.
					 47).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66632,
						Government Code; Section
						29008,
						Public Resources Code; and the San Francisco Bay Conservation and Development
						Commission, San Francisco Bay Plan, Other Uses of the Bay and Shoreline (As
						amended March 20, 1986, pursuant to Government Code Section
						66652).
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 2 - Definitions › Section 10129 - Line of Highest Tidal Action. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 10-12-89; operative 10-12-89 (Register 89, No. 43).
2.
					 Repealer filed 5-24-96; operative 6-23-96 (Register 96, No.
					 21).
Note: Authority cited: Section
						66632(f),
						Government Code. Reference: Sections
						66610(a)
						and
						66610(e),
						Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 3 - Boundary and Jurisdictional Questions › Section 10130 - Exclusion of Extraction of Materials for Sampling

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The term "extraction of materials worth more than $20" as
					 used in the McAteer-Petris Act and the term "extraction of material" as used in
					 the Suisun Marsh Preservation Act shall exclude the extraction of any material
					 or materials for environmental or seismic testing purposes
					 only.
1. Repealer
					 of former Section
					 10130, and renumbering and
					 amendment of Section
					 10180 to Section
					 10130 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30.) For prior history, see Registers 80, No. 48 and
					 73, No. 16.
2. Renumbering of former section
					 10130 to new section
					 10131 and new section
					 10130 filed 9-19-96; operative
					 10-19-96 (Register 96, No. 38).
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Sections
						66604 and
						66632(a),
						Government Code; and Sections
						29114
						and
						29508,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 3 - Boundary and Jurisdictional Questions › Section 10131 - Mcateer-Petris Act Jurisdiction and Bay Plan

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The information shown on the San Francisco Bay Plan Maps is
					 intended to portray the actual location of land and water, salt ponds, managed
					 wetlands, certain hills, marshes, and man-made features; however, the maps do
					 not establish the extent of the Commission's jurisdiction. In case of any
					 discrepancy between the portrayal of a feature on a Bay Plan Map and the
					 descriptions in Government Code Section
					 66610 or
					 these regulations, the provisions of Government Code Section
					 66610 and
					 these regulations shall prevail.
1.
					 Renumbering and amendment of former Section
					 10131 to Section
					 10122, and renumbering and
					 amendment of Section
					 10181 to Section
					 10131 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Registers 80, No. 48 and
					 75, No. 51.
2. Renumbering of former section
					 10131 to new section
					 10132 and renumbering of former
					 section 10130 to new section
					 10131 filed 9-19-96; operative
					 10-19-96 (Register 96, No. 38).
Note: Authority cited: Section
						66632(f),
						Government Code. Reference: Sections
						66602,
						66610 and
						66653,
						Government Code; and San Francisco Bay
						Plan.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 1 - General Provisions › Article 3 - Boundary and Jurisdictional Questions › Section 10132 - Exclusion of Larkspur and Greenbrae Boardwalk Areas from Mcateer-Petris Act Jurisdiction

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
"Areas commonly known as the Larkspur and Greenbrae
					 Boardwalks," means:
(a) within the
				  City of Larkspur, any area, excepting certain sloughs, situated within the area
				  described in the "Notice of Non-Jurisdiction of the BCDC--Larkspur Boardwalk"
				  appearing as Appendix A to these regulations and filed by the Executive
				  Director with the County of Marin; and
(b) within the County of Marin, any area,
				  excepting certain sloughs, situated within the area described in the "Notice of
				  Non-Jurisdiction of the BCDC--Greenbrae Boardwalk" appearing as Appendix B to
				  these regulations and filed by the Executive Director with the County of
				  Marin.
1.
					 Renumbering amendment of former Section
					 10132 to Section
					 10123, and new Section
					 10132 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Renumbering of former section
					 10132 to new section
					 10133 and renumbering of former
					 section 10131 to new section
					 10132 filed 9-19-96; operative
					 10-19-96 (Register 96, No. 38).
Note: Authority cited: Sections
						66610 and
						66632(f),
						Government Code. Reference: Section
						66610(e),
						Government Code.