reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16010 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Words used in these regulations, unless otherwise defined,
					 shall have the meaning ascribed to them in the State Guidelines. In addition,
					 the following definitions not contained in the State Guidelines are
					 used:
(a) State Guidelines means the
				  Guidelines for Implementation of the California Environmental Quality Act of
				  1970 adopted by the Secretary for Resources (Div. 6, Title 14, Cal. Adm. Code
				  Sections 15000-15180).
(b) OPR means the Office of Planning and
				  Research.
(c) Director means the
				  Director of the Office of Planning and Research or the Director's
				  designee.
(d) Interested Person
				  means public agencies having jurisdiction over the project, public agencies
				  which approve or comment on the project, consultants hired with respect to the
				  project, and individuals or groups known to be interested in the
				  project.
1. Repealer
					 of Article 4 (Sections
					 16010-16017) and new Article 4
					 (Sections 16010-16016, not consecutive)
					 filed 11-22-78;effective thirtieth day thereafter (Register 78, No.
					 47).
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16011 - General

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event a dispute arises between two or more public
					 agencies as to which agency shall be a "lead agency" pursuant to the State
					 Guidelines, the following procedures and criteria shall
					 apply.
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5. Government Code Reference Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16012 - Dispute, What Constitutes

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations, "dispute" means a contested,
					 active difference of opinion between two or more public agencies as to which
					 shall prepare environmental documents. A dispute exists where each such public
					 agency claims that it either has or does not have the obligation to prepare
					 such environmental documents. OPR will not designate the lead agency in the
					 absence of such a dispute.
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16013 - Public Agency Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to submission of a request for designation to OPR,
					 the disputing agencies, or the disputing agencies and the project applicant for
					 a project described in subdivision (c) of Section
					 21065 if such applicant requests
					 the designation, shall consult with each other in an effort to resolve the
					 dispute pursuant to the State Guidelines. Such consultation should include
					 efforts to designate a lead agency by agreement. Such agencies or applicant may
					 request OPR to assist in arranging for this consultation.
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16014 - Request for Designation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A request for designation of the lead agency pursuant to
					 this Article shall be made in writing to the Director. It shall be signed by an
					 executive of the public agency making the request, or by the project applicant
					 for a project described in subdivision (c) of Section
					 21065 if such applicant requests
					 the designation. A complete request shall set forth:
(a) The general nature of the
				  dispute,
(b) The other disputing
				  agencies,
(c) Written information
				  showing that the requesting agency or project applicant and the other disputing
				  agencies have consulted pursuant to Section
				  16013 in an effort to resolve the
				  dispute,
(d) A statement of
				  contentions pursuant to Section
				  16015 from the agency or project
				  applicant requesting the designation, and
(e) Written information showing that the
				  agency or applicant requesting the designation has given notice in writing to,
				  and such notice has been received by, all disputing agencies and the project
				  applicant, stating that;
i) the dispute is
				  being submitted to OPR for resolution; and that,
ii) each disputing agency is required to
				  prepare and send a statement of contentions to OPR within 10 days after receipt
				  of such notice.
OPR may require as a part of the application that notice of
					 the request be published in newspapers of general circulation where the lead
					 agency dispute exists. Such notice may allow for submission of written comments
					 on or before a specified date, and it may also state whether or not a hearing
					 will be held, and may specify the time and place of the
					 hearing.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16015 - Statement of Contentions: List of Interested Persons

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In the event that the lead agency dispute
				  is not resolved by consultation pursuant to Section
				  16013, and upon a request for
				  designation made pursuant to Section
				  16014, the Director shall require
				  a statement of contentions from each disputing agency and from the project
				  applicant if requesting the designation, and may require a statement of
				  contentions from the project applicant if not requesting the
				  designation.
(b) Each disputing
				  agency shall prepare a written statement of contentions in support of its claim
				  as to which agency should or should not be the lead agency. The statement shall
				  contain the following information:
(1) A
				  description of the project.
(2) A
				  description of the agency's responsibility for constructing, approving,
				  supervising, and financing the project as a whole.
(3) Citation of the agency's general
				  governmental powers relating to the project.
(4) Data outlining all aspects of the
				  agency's relationship to the project.
(5) The date the agency first undertook
				  formal action, if any, on the project and a chronology of actions taken and to
				  be taken concerning the project.
(6) A list of all interested persons who
				  might comment on the project.
(7)
				  Such other information as the Director may require.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 4 - Submission of Dispute to OPR › Section 16016 - Distribution of Statement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each disputing agency shall mail a copy of the statement of
					 contentions to all other disputing agencies, to the applicant, and to OPR
					 within 10 calendar days after the agency receives the notice specified in
					 Section 16014. If an agency requested the
					 designation, the agency shall mail such statement to all other disputing
					 agencies and to the applicant when the agency submits a completed request to
					 OPR. Each disputing agency shall make such statement or an informative summary
					 thereof available to all interested persons upon request. If an informative
					 summary is used, interested persons shall be given the full statement of
					 contentions upon request.
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 5 - Designation on the Statements › Section 16020 - Designation on the Statements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Director may designate a lead agency on the basis of
					 the completed requests and written statements, or may require a hearing. The
					 Director may request additional written information from any disputing agency,
					 applicant, or interested person without extending the time period for
					 designation provided in Section
					 16021. Written notice of such
					 request shall be given to all disputing agencies and the project applicant if
					 the applicant has been required to submit a statement of
					 contentions.
1. Amendment
					 filed 11-22-78; effective thirtieth day thereafter (Register 78, No.
					 47).
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 5 - Designation on the Statements › Section 16021 - Designation: Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In making a designation of lead agency, the Director shall
					 find which of the disputing agencies is most appropriate to carry out the
					 obligations of a lead agency. In making this finding, the Director shall
					 consider the capacity of each such agency adequately to fulfill the
					 requirements of CEQA. In addition, the Director shall consider the lead agency
					 criteria set forth in the State Guidelines Section
					 15065. Generally, such criteria
					 will control unless the Director finds that another agency has greater capacity
					 to carry out the requirements of CEQA. The designation shall be made within 21
					 calendar days of receipt by OPR of the completed request for
					 designation.
1. Amendment
					 filed 11-22-78; effective thirtieth day thereafter (Register 78, No.
					 47).
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 5 - Designation on the Statements › Section 16022 - Designation: Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The designation shall be in writing and it shall be
					 published in the
California EIR Monitor
and made available to
					 all public agencies involved in the dispute and to all interested persons. The
					 designation shall name the lead agency and it shall include findings upon which
					 the designation is made. It shall be signed by the director.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 6 - Hearing › Section 16030 - Hearing: When Called

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Director finds on the basis of consultation pursuant
					 to Section
					 16013 or the completed request for
					 designation that the dispute involves issues of general application to other
					 projects, or is of regional or statewide impact, or that the project involves
					 substantial public interest or concern, the Director may require a hearing
					 prior to making a designation. Notice of the time and place of the hearing
					 shall be published in newspapers of general circulation where the dispute
					 exists and be sent to all interested parties, disputing agencies, and the
					 applicant not later than 7 calendar days after receiving the completed request
					 for designation.
1. Amendment
					 filed 11-22-78; effective thirtieth day thereafter (Register 78, No.
					 47).
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 6 - Hearing › Section 16031 - Presiding Officer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The presiding officer at the hearing shall be the Director
					 or any other person designated by the Director.
1. Amendment
					 filed 11-22-78; effective thirtieth day thereafter (Register 78, No.
					 47).
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 6 - Hearing › Section 16032 - Order of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The hearing will ordinarily proceed in
				  the following order:
(1) Identification of
				  the dispute and a brief, fair summary of correspondence received by the
				  presiding officer.
(2) Presentation
				  by or on behalf of the disputing agency which initially submitted a request for
				  certification pursuant to Section
				  16014, if such agency wishes to
				  expand upon the material contained in its statement of contentions.
(3) Other disputing agencies wishing to
				  expand upon the material contained in their statement of contentions.
(4) Other speakers concerning the dispute.
				  Any person wishing to speak shall be heard.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 6 - Hearing › Section 16033 - Presentations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Presentations shall be to the point, shall be as brief as
					 possible and shall assume that OPR is familiar with the dispute from reading
					 the statement of contentions.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 6 - Hearing › Section 16034 - Summary of Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The presiding officer may prepare a summary of the
					 testimony at the hearing and shall prepare a recommended decision. The director
					 shall consider the summary and recommended decision together with the statement
					 of contentions and any other material presented at the hearing in making his
					 decision.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 6 - Hearing › Section 16035 - Designation: Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The provisions of Section
					 16021 shall apply to a designation
					 made pursuant to this Article.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 7 - Administrative Record › Section 16040 - Administrative Record

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of any court proceeding, the
					 administrative record of OPR shall be deemed to be the request or requests for
					 designation, the statement of contentions, the correspondence received with
					 regard to the dispute, evidence introduced at the hearing, if any, the record
					 of the hearing, if one is made, the hearing summary and recommended decision,
					 and any other evidence considered by the Director.
1. Amendment
					 filed 11-22-78; effective thirtieth day thereafter (Register 78, No.
					 47).
Note: Authority cited: Division 13, Public Resources
						Code; Title 7, Division 1, Chapter 1.5, Government Code. Reference: Section
						21165,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 1 - Regulations for Designation of Lead Agency for the Preparation of Environmental Documents › Article 7 - Administrative Record › Section 16041 - Final Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The decision of the director, whether made under Article 5.
					 or 6. of this Division, shall be final and binding on the parties to the
					 dispute.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 2 - Regulations Governing Applicant Fees for Environmental Leadership Project Applications › Section 16100 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The fee for filing an application for streamlining
				  certification pursuant to Chapter 6.5 of Division 13 of the Public Resources
				  Code is thirty-nine thousand dollars ($39,000).
1. New chapter
				  2 (sections
				  16100-16102) and section filed
				  6-30-2023; operative 10-1-2023 (Register 2023, No.
				  26).
Note: Authority cited: Section
					 21184.7,
					 Public Resources Code. Reference: Sections
					 21180,
					 21182,
					 21183,
					 21184,
					 21184.7
					 and
					 21187.5,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 2 - Regulations Governing Applicant Fees for Environmental Leadership Project Applications › Section 16101 - Submission of Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				application fee for each application is due at the time of filing the
				application with the Office of Planning and Research.
(b) Application fees must be submitted by a
				check made out to the Office of Planning and Research. Application fees must be
				submitted to 1400 10th St. Sacramento CA, 95814 in
				person or via certified mail.
(c)
				Applicants must include the following information alongside submission of their
				application fee:
(1) The applicant
				name;
(2) The name of project the
				applicant is seeking certification for; and
(3) A statement that the enclosed check is
				the application fee for the applicant's Environmental Leadership Project
				Application and that OPR is authorized to process the
				check.
California Code of Regulations › Title 14 - Natural Resources › Division 6.3 - Office of Planning and Research › Chapter 2 - Regulations Governing Applicant Fees for Environmental Leadership Project Applications › Section 16102 - Exemption for Certain Housing Project Applicants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Housing development project applicants that meet the criteria
				  set forth at Section
				  21180, subdivision (b)(4) of the
				  Public Resources Code, are exempt from the fee set forth in section
				  16100 of this
				  chapter.
1. New section
				  filed 6-30-2023; operative 10-1-2023 (Register 2023, No.
				  26).
Note: Authority cited: Section
					 21184.7,
					 Public Resources Code. Reference: Sections
					 21180,
					 21182,
					 21183,
					 21184,
					 21184.7
					 and
					 21187.5,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 6.5 - Strategic Growth Council › Chapter 1 - Transformative Climate Community Program › Section 16500 - Transformative Climate Community Program Allocation of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Transformative Climate Community Program funds shall be
				  allocated in the cities of Los Angeles and Fresno, and a third location. A
				  minimum of half of the funds shall be allocated in the City of Fresno. A
				  minimum of one fourth of the funds shall be allocated in the City of Los
				  Angeles.
1. New
				  division 6.5, chapter 1 (section
				  16500) and section filed 3-3-2017;
				  operative 7-1-2017 (Register 2017, No. 9).
Note: Authority cited: Section
					 75243,
					 Public Resources Code. Reference: Sections
					 75240,
					 75241,
					 75242
					 and
					 75243,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17000 - Waiver of Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17001 - Purpose and Limitations of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17002 - Reporting Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17003 - Effect on Other Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17004 - Diversion Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17005 - LEA Report to the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17006 - Executive Director's Duties and Powers Relative to the Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17008 - Waiver of Standards

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17009 - Purpose and Limitations of Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17010 - Reporting Requirement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17011 - Effect on Other Standards, Ordinances, Regulations and Laws

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17012 - Diversion Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17013 - LEA Report to the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17014 - Executive Director's Duties and Powers Relative to the Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17015 - LEA Report to the Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17016 - Executive Director's Duties and Powers Relative to the Waiver

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Section 40502, Public Resources
						Code. Reference: Sections 40002,43020 and 43021, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 1 - Definitions › Section 17017 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in this division:
(a) "Department" means the Department of
				  Resources Recycling and Recovery, which is vested with the authority, duties,
				  powers, purposes, responsibilities and jurisdiction of the former California
				  Integrated Waste Management Board (board).
(b) "Board" or "CIWMB" means the California
				  Integrated Waste Management Board, which, as of January 1, 2010, ceased to
				  exist as an agency and became part of (subjoined into) a new Department of
				  Resources Recovery and Recycling (Department).
1. New
					 article 1 (section
					 17017) and section filed
					 11-10-2015; operative 1-1-2016 (Register 2015, No. 46). For prior history of
					 article 1 (sections
					 17000-17016), see Register 95, No.
					 36 and Register 93, No. 46. For prior history of Division 7 heading, see
					 Register 2015, No. 14.
Note: Authority cited: Sections
						40502,
						43020
						and
						43021,
						Public Resources Code. Reference: Sections
						40110,
						40400,
						40401,
						43020
						and
						43021,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17020 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
As used in these regulations:
(a) "Architectural, engineering,
				  environmental, land surveying services," and "construction project management"
				  have the respective meanings set forth in Section
				  4525 of
				  the Government Code.
(b) "Board"
				  means the California Integrated Waste Management Board or the Board's designee
				  authorized to contract for architectural, engineering, environmental, land
				  surveying and construction project management services on behalf of the
				  board.
(c) "Firm" means any
				  individual, firm, partnership, corporation, association, or other legal entity
				  permitted by law to practice the profession of architecture, engineering,
				  environmental services, land surveying, or construction project
				  management.
(d) "M/WBE" means
				  Minority Business Enterprise and/or Women Business Enterprise.
(e) "DVBE" means Disabled Veteran Business
				  Enterprise.
(f) "Small Business
				  Firm" has the meaning set forth in Section
				  14837(c)
				  of the Government Code.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						40502,
						Public Resources Code; Section
						4526,
						Government Code. Reference: Sections
						4525 and
						4526,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17021 - Publication of Request for Qualifications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The board shall publish a Request for
				  Qualifications (RFQ) for expected architectural, engineering, environmental,
				  land surveying and construction project management services in the State
				  Contracts Register and in statewide publications of appropriate professional
				  societies.
(b) The announcement
				  shall include the following information: a contract identification number, a
				  brief description of services required; location, budget, and duration;
				  eligibility and preferences; submittal requirements and deadlines; and name and
				  telephone number of board contact for questions on the publication.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Sections
						4526,
						4527 and
						4529.5,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17022 - Selection Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall select firms based on their ability to
					 perform the specific functions outlined in the RFQ. The criteria for selection
					 will include:
(a) Overall professional
				  experience, reliability, and continuity of the firm as related to the tasks
				  described in the RFQ.
(b)
				  Professional experience of the firm in executing contracts of a similar
				  nature.
(c) Adequacy of personnel
				  numbers within specific disciplines required to complete the work required by
				  the RFQ.
(d) Experience and
				  training of key personnel as related to the work described in the
				  RFQ.
(e) Adequacy of number of
				  principal(s) which are intended to be assigned to the contract.
(f) Knowledge of applicable regulations and
				  technology associated with the contract.
(g) Quality and timeliness of recently
				  completed or nearly completed projects which were similar to the work described
				  in the RFQ.
(h) Specialized
				  qualifications for the services to be performed.
(i) Compliance with M/WBE and DVBE goals or
				  good faith effort pursuant to Public Contract Code section
				  10115
				  et seq.
These factors shall be weighted by the board according to
					 the nature of the project, the needs of the State and complexity and special
					 requirements of the specific project.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Sections
						4526,
						4527 and
						4529.5,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17023 - Selection of Firms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After expiration of the deadline date in the publications,
					 the board shall review and rank eligible firms on file at the board using the
					 selection criteria contained in Section
					 17022. The board shall conduct
					 interviews with no less than the top three ranked firms to discuss
					 qualifications and methods for furnishing the required services. From the firms
					 with which discussions are held, the board shall select no less than three, in
					 order of preference, based upon the established criteria, who are deemed to be
					 the most highly qualified to provide the services required.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Sections
						4526,
						4527 and
						4529.5,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17024 - Negotiation of Contract

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The board shall request a detailed Fee Proposal from the best qualified firm
				  and shall require a State's Estimate of Fees to be prepared by board staff
				  prior to negotiations. The State's estimate shall remain confidential until
				  award of contract or abandonment of any further procedure for the services to
				  which it relates. If the board determines the State's estimate to be
				  unrealistic for any reason, the board shall require the estimate to be
				  reevaluated and modified if necessary.
(b) The board shall attempt to negotiate a
				  contract with the best qualified firm. Should the board be unable to negotiate
				  a satisfactory contract with the firm considered to be the most qualified at
				  fair and reasonable compensation, negotiations with that firm shall be
				  terminated. The board shall then undertake negotiations with the second most
				  qualified firm. Failing accord, negotiations shall be terminated. The board
				  shall then undertake negotiations with the third most qualified firm. Failing
				  accord, negotiations shall be terminated. Should the board be unable to
				  negotiate a satisfactory contract with any of the selected firms, the board may
				  select additional firms in the manner prescribed above and continue the
				  negotiation procedure until an agreement is reached.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Section
						4528,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17025 - Contract Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After successful negotiations, the board
				  and the firm shall complete and sign the contract agreement.
(b) In instances where the State effects a
				  necessary change in the contract during the course of performance of the
				  services, the firm's compensation may be adjusted by mutual written
				  agreement.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Section
						4528,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17026 - Contracting in Phases

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Should the board determine that it is necessary or
					 desirable to have a given project performed in phases, it will not be necessary
					 to negotiate the total contract price in the initial instance, provided that
					 the board shall have determined that the firm is best qualified to perform the
					 whole project at reasonable cost, and the contract contains provisions that the
					 state, at its option, may utilize the firm for other phases and the firm will
					 accept a fair and reasonable price for subsequent phases to be later
					 negotiated, mutually-agreed upon and reflected in a subsequent written
					 instrument. The procedure with regard to estimates and negotiation shall
					 otherwise be applicable.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Section
						4526,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17027 - Emergency Contracting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Where the board makes a finding of emergency, the board may
					 negotiate a contract for such services without following procedures in Sections
					 17020 -
					 17029. The finding of emergency
					 must include a finding that conditions at a solid waste facility pose an
					 imminent threat to life or health and insufficient time exists to implement the
					 foregoing procedures to secure services. The selection criteria will be the
					 same as those listed in Section
					 17022 and fees will still be
					 negotiated as described in Section
					 17024. The announcement, formal
					 ranking, and interviewing procedures, as specified in Sections
					 17021 and
					 17023 may be
					 by-passed.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment adopting this section transmitted to OAL 11-26-91 and filed 12-26-91
					 (Register 92, No. 13).
3. Editorial correction restoring HISTORY 1.
					 (Register 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Sections
						45001,
						45002,
						45402
						and
						45403,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 1 - General Provisions › Article 2 - Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms › Section 17028 - Small Business Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The board shall endeavor to provide copies of announcements
					 for services to Small Business Firms that have indicated an interest in
					 receiving such announcements. Failure of the board to send a copy of an
					 announcement to any firm shall not invalidate any selection or
					 contract.
1. New
					 section filed 8-1-91 as an emergency; operative 8-1-91 (Register 92, No. 3). A
					 Certificate of Compliance must be transmitted to OAL 11-29-91 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. Certificate of Compliance as to 8-1-91 order including
					 amendment of section transmitted to OAL 11-26-91 and filed 12-26-91 (Register
					 92, No. 13).
3. Editorial correction restoring HISTORY 1. (Register
					 92, No. 18).
Note: Authority cited: Section
						4526,
						Government Code; Section
						40502,
						Public Resources Code. Reference: Sections
						4526 and
						4527,
						Government Code; Sections
						45402
						and
						45403,
						Public Resources Code.