reglab/statecodes huggingface dataset:
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › A - General Provisions › Section 1807 - Schedule for Review of Applications Following Approval of a Geothermal Notice. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsection (a) filed 1-11-83; designated effective 2-1-83 pursuant
						to Government Code section
						11346.2(d)
						(Register 83, No. 3).
2. Repealer filed 8-10-93; operative 9-9-93
						(Register 93, No. 33).
Note: Authority cited: Sections
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Section
						  25540,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › A - General Provisions › Section 1808 - Schedule for 12-Month Review of Geothermal Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Repealer filed 1-11-83; designated effective 2-1-83 pursuant to Government Code
						Section
						11346.2(d)
						(Register 83, No. 3).
Note: Authority cited: Sections
						  25213,
						  25218(e),
						  25539,
						  Public Resources Code. Reference: Section
						  25540.2(a),
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › A - General Provisions › Section 1809 - Determination of Availability of Commercial Resource

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within thirty (30) days of the filing of
					 an application pursuant to Public Resources Code Section
					 25540.2(a)
					 and Section
					 1803 of these regulations, the
					 committee shall hold a hearing for the sole purpose of determining whether the
					 proposed site is reasonably capable of supplying geothermal resources in
					 commercial quantities. Such hearing shall be publicly noticed.
(b) The applicant shall present testimony,
					 studies or other evidence in support of its contention that sufficient
					 geothermal resources have been confirmed at the site. The staff shall also
					 present its evaluation of the site's resource capabilities.
(c) The California Division of Oil and Gas
					 (DOG) shall be requested to review the application and all well records filed
					 with the division concerning wells completed at the site, and shall be
					 requested to present at the hearing its conclusions, based on the professional
					 experience of its personnel, as to whether the site is reasonably capable of
					 providing geothermal resources in commercial quantities.
(d) If the commission determines that the
					 site is reasonably capable of providing geothermal resources in commercial
					 quantities, the application shall be processed in accordance with Section
					 1803(b) of these
					 regulations.
(e) If the commission
					 determines that the site is not reasonably capable of producing geothermal
					 resources in commercial quantities, or that the applicant has failed to
					 demonstrate that the site is reasonably capable of producing geothermal
					 resources in commercial quantities, the applicant may withdraw the application
					 or request that the application be treated as a notice filed pursuant to
					 Section 1803(a). The
					 document shall, as of the date such request is granted, be processed in
					 accordance with Sections
					 1806 and
					 1807.
1.
						Amendment of subsections (e) and (f) filed 1-28-81; effective thirtieth day
						thereafter (Register 81, No. 5).
2. Amendment filed 1-11-83;
						designated effective 2-1-83 pursuant to Government Code Section
						11346.2(d)
						(Register 83, No. 3).
Note: Authority cited: Sections
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25540.1
						  and
						  25540.2(b),
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1860 - Policy and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) General.
					 Pursuant to Section
					 25540.5
					 of the Public Resources Code, the commission is permitted to delegate its
					 siting authority over geothermal power plants and related facilities to county
					 governments which have adopted geothermal elements to their general
					 plans.
(b) Policy. It is the policy
					 of the California Energy Commission to delegate its geothermal power plant
					 siting authority to county governments which have demonstrated a capability to
					 expeditiously process applications for geothermal power plants and/or
					 geothermal field development projects, provided, however, that such county
					 governments have formally adopted policies which are consistent with adopted
					 policies of the commission with respect to the development of geothermal
					 resources for the generation of electrical energy.
(c) Purposes. Delegation of the commission's
					 geothermal power plant siting authority to county governments will maximize
					 local control over development projects whose impacts are peculiarly local. The
					 provisions of this article will ensure that local exercise of such control will
					 occur in a manner that is consistent with the state's interests in a reliable
					 supply of electrical energy and environmental maintenance. Further, a
					 delegation pursuant to this article will vest permitting authority over both
					 the geothermal field and the geothermal power plant in a single agency, thus
					 allowing a consolidated review of all aspects of a geothermal
					 project.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1861 - Counties Eligible to Petition for Delegation of Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any county government which has adopted a
					 geothermal element to its general plan may petition the commission for
					 delegation of the commission's exclusive authority to certify geothermal power
					 plants and related facilities vested in Section
					 25500
					 of the Public Resources Code.
(b)
					 Two or more counties, each of which has adopted a geothermal element to its
					 general plan and which have executed a joint powers agreement or its equivalent
					 for the administration of such geothermal power plant siting authority as may
					 be delegated by the commission, may jointly petition the Energy Commission for
					 delegation of its exclusive authority to site its geothermal power plants and
					 related facilities.
(c) Upon the
					 delegation of geothermal power plant siting authority by the Energy Commission,
					 the county government or governments which have petitioned for such delegation
					 shall be exclusively responsible for administering and deciding upon all
					 applications for geothermal power plants and related facilities which are
					 wholly located within the territorial jurisdiction of the petitioning county or
					 counties until such time as the authority delegated pursuant to this article
					 shall have been revoked pursuant to the provisions of Section
					 1870.
(d) The provisions of this section shall not
					 apply to any application for a geothermal power plant and related facilities
					 which are not wholly located within the territorial jurisdiction of such
					 counties that have been delegated siting authority pursuant to the provisions
					 of this article. Applications for such facilities shall be filed with the
					 commission.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1862 - Contents of Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Every petition filed pursuant to Section
						1861 shall contain all of the
						following:
(a) A resolution approving
					 and directing the submission of the petition adopted by the county board of
					 supervisors;
(b) A copy of the
					 geothermal element and the date of adoption;
(c) A description of how the policy
					 statements contained in the geothermal element with respect to the development
					 of geothermal resources for the generation of electrical energy align with the
					 commission's adopted policies for geothermal development set forth in section
					 1802;
(d) A description of the procedures contained
					 in the geothermal element for the implementation of the policies expressed in
					 the element, and a discussion of the status of such implementation;
(e) A complete and detailed description of
					 the program that the county seeks to have designated as an equivalent
					 certification program for the orderly and efficient review of geothermal power
					 plant applications. Such description shall indicate the manner in which the
					 program complies with each of the requirements set forth in Section
					 1863 below;
(f) A detailed description of the procedures
					 that will be employed to comply with the provisions of the California
					 Environmental Quality Act (Public Resources Code Section
					 21000
					 et seq.);
(g) The level of staffing
					 required to carry out the responsibilities delegated pursuant to this
					 article;
(h) A discussion of any
					 additional staffing required by the administering agency, including job
					 descriptions and duration of need;
(i) A discussion of how the administering
					 agency intends to generate the sources and amount of funding required to
					 implement an equivalent certification program in accordance with the provisions
					 of this article; and
(j) Such
					 additional information as the county desires to submit.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code section
						11346.2(d)
						(Register 83, No. 3).
2. Amendment of subsection (g) filed 8-10-93;
						operative 9-9-93 (Register 93, No. 33).
3. Repealer of subsection
						(c), subsection relettering, amendment of newly designated subsections (c) and
						(i) filed 7-13-2022; operative 7-13-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 28).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1863 - Equivalent Certification Program Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
No county program shall be designated as an equivalent
						certification program unless it contains provisions for all of the
						following:
(a) Certification of
					 geothermal areas as multiple facility sites, if so applied for;
(b) Distribution of all applications to the
					 commission and to each federal, state, and local agency having jurisdiction or
					 special interest in matters pertinent to the proposed site and related
					 facilities, as well as provisions for receipt of and response to the comments
					 and recommendations of each such agency;
(c) Notification and invitation of tribal
					 governments to participate in consultation with county staff consistent with
					 Public Resources Code section
					 21080.3.1
					 and Section
					 1714(d) of these
					 regulations;
(d) Preparation and
					 distribution of a written decision on each power plant application. Such
					 written decision shall contain each of the findings and conclusions required by
					 Section 1745.5 of these regulations, and
					 shall be based on the formal record of the proceeding;
(e) Public hearing procedures consistent with
					 Article 6 (commencing with section
					 65350) of Chapter 3 of Division 1
					 of Title 7 of the Government Code;
(f) Timely and orderly amendment of the
					 program to reflect changes in law or commission certification
					 requirements;
(g) Administration of
					 and decision upon geothermal power plant applications within 12 months of the
					 filing of such applications; and
(h) Appeal procedures, including for appeals
					 brought before the county, and for appeals to the commission pursuant to
					 Section 1868 of these regulations on any
					 substantive issues in the decision of the county.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
2. Amendment of subsection (c) filed
						12-21-2015; operative 1-1-2016 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2015, No. 52).
3. New subsection (c) and repealer of
						subsection (d), subsection relettering and amendment of subsections (e) and (h)
						filed 7-13-2022; operative 7-13-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 28).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1864 - Commission Participation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 commission and its staff may participate in an aspect of county proceedings on
					 an application for a geothermal power plant and related facilities if such
					 application would have been filed with the commission but for the delegation of
					 authority pursuant to this article.
(b) The Commission staff shall assist the
					 county in assembling a record adequate to support findings on each of the
					 following:
(1) Conformity of the site and
					 related facilities with the biennial report required under Section
					 25302
					 of the Public Resources Code; and
(2) Necessary modifications, mitigation
					 measures, conditions or other specific provisions relating to the manner in
					 which the proposed facilities are to be designed, sited, constructed and
					 operated in order to assure reliability of operation, safety and environmental
					 protection.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1865 - Air Quality Determinations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever any county is administering an application for a
						geothermal power plant and related facility pursuant to authority delegated by
						the commission, the air pollution control officer shall prepare and submit to
						such county its determination of compliance as specified in Section
						1744.5 within 180 days of the
						acceptance of the application.
1.
						Amendment filed 1-28-81; effective thirtieth day thereafter (Register 81, No.
						5).
2. Amendment of NOTE filed 1-11-83; designated effective 2-1-83
						pursuant to Government Code section
						11346.2(d)
						(Register 83, No. 3).
3. Amendment filed 8-10-93; operative 9-9-93
						(Register 93, No. 33).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1866 - Record of Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The county counsel shall be responsible for ensuring the
						preparation of a record adequate to support all required findings and
						conclusions.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1867 - Commission Action on Petition

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Within twenty (20) days of the filing of a petition pursuant to Section
					 1861, the executive director shall
					 determine whether the petition contains the information specified in Section
					 1862.
(1) If the executive director determines that
					 the petition is complete, they shall so certify in writing and shall inform the
					 petitioner.
(2) If the executive
					 director determines that the petition is not complete, it shall be returned to
					 the petitioner with a statement of its defects. The petitioner may correct the
					 petition and resubmit it at any time.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1868 - Appeals to Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any
					 party to county proceedings conducted pursuant to authority delegated by the
					 commission may, within 30 days of the issuance of the county's written
					 decision, or within 30 days of the disposition by that county of an appeal
					 filed pursuant to county ordinances, appeal any substantive issue of the county
					 decision to the commission.
(b) The
					 appeal shall specify the bases therefor, and shall include a succinct summary
					 of the evidence received by the county pertinent to the issues appealed, and
					 shall specify the relief requested.
(c) The appeal shall include a copy of the
					 administrative record of the county which has been certified by the county as
					 complete.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
2. Amendment of subsection (a) filed
						7-13-2022; operative 7-13-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 28).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1869 - Commission Action on Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
					 commission shall, within 60 days of filing of the appeal, determine whether, in
					 light of the whole record, the record contains substantial evidence to support
					 that aspect of the county decision which has been appealed.
(b) If the commission finds for the
					 appellant, it shall take such action as it deems appropriate, including, but
					 not limited to:
(1) Returning the case to the
					 county for further proceedings as may be directed; or
(2) Removing the case from the county for
					 disposition by the commission.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4 - Additional Provisions Applicable to Geothermal Notices and Applications › B - Delegation of Geothermal Power Plant Siting Authority to Local Government › Section 1870 - Revocation of Delegation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The commission may, after public hearings, revoke its
						approval of a county's equivalent certification program whenever it finds that
						such program does not comply with current statutory requirements, duly adopted
						regulations of the commission, or that the program is not being effectively and
						efficiently administered.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
2. Repealer of subsection (a) designator filed
						7-13-2022; operative 7-13-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 28).
Note: Authority cited: Section
						  25218(e),
						  Public Resources Code. Reference: Section
						  25540.5,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1875 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Article implements Chapter 6.2 of Division 15 of the
					 Public Resources Code related to certification of nonfossil-fueled powerplants,
					 energy storage facilities, and related facilities, as defined in section
					 25545(b)
					 of the Public Resources Code.
1. New
					 article 4.1 (sections
					 1875-1882) and section filed
					 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022, No. 43). This
					 action is a deemed emergency and shall remain in effect until amended by the
					 Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545
						and
						25545.1,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1876 - Filing of Opt-in Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications filed under this Article shall be known as
					 "opt-in" applications. All opt-in applications shall be filed following the
					 requirements set forth in sections
					 1208 and
					 1208.1 of title 20. All opt-in
					 applications shall be authorized and verified as set forth in section
					 1707 of title
					 20.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.1,
						25545.2
						and
						25545.4,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1876.5 - Pre-Filing Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				  least 30 days before submitting an opt-in application under this Article, the
				  applicant shall meet with staff to discuss information requirements for the
				  opt-in application.
(b) Staff shall
				  invite the local government(s) that would have had permitting authority over
				  the site and related facility, but for Chapter 6.2 of Division 15 of the Public
				  Resources Code, and may invite other relevant state and federal agencies, to
				  participate in the meeting(s) held pursuant to subdivision (a).
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.1,
						25545.2
						and
						25545.4,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1877.5 - Withdrawal of Opt-in Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Any time after acceptance, the applicant may withdraw the opt-in application by
				  filing a written notice of withdrawal. The notice of withdrawal must be
				  authorized and verified in the same manner as the original opt-in application,
				  as provided in section
				  1707 of title 20.
(b) Upon receipt of a properly executed
				  withdrawal, the executive director shall immediately file a statement that the
				  application has been withdrawn and close the docket. The documents of the
				  proceeding shall continue to be maintained by the Docket Unit.
(c) If the applicant decides to request that
				  the commission review and approve the project after filing a notice of
				  withdrawal, the applicant must file a new opt-in application under section
				  1876, except that an applicant for
				  facilities described in section
				  25545(b)(3)
				  of the Public Resources Code must either file a new opt-in application under
				  section 1876 or a new notice or
				  application under section
				  1709 of title 20.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.1
						and
						25545.2,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1878 - Commission Review of Opt-in Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director may request
				  additional information from the applicant as set forth in Public Resources Code
				  section
				  25545.4,
				  including additional information to address comments by public agencies and
				  California Native American tribal governments.
(b) Consistent with Public Resources Code
				  section
				  25545.4,
				  the executive director shall file a statement when the application is deemed
				  complete.
(c) No later than 45 days
				  after an application is deemed complete, or a later date set forth by the
				  executive director, the applicant shall provide information updating or
				  supplementing the information in the application to support the findings
				  required by Public Resources Code sections
				  25545.9
				  and
				  25545.10.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.4,
						25545.9
						and
						25545.10,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1878.5 - Tribal Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  addition to formal tribal consultation required in the California Environmental
				  Quality Act, the commission shall follow the additional requirements governing
				  tribal engagement, related to opt-in applications, as set forth in Public
				  Resources Code section
				  25545.7.4.
(b) The commission may initiate tribal
				  engagement earlier than required under Public Resources Code section
				  25545.7.4
				  to ensure meaningful process and information exchange.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.7.2
						and
						25545.7.4,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1880 - Public Outreach

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Noticing of meetings, workshops, hearings, and similar public events shall be
				  done as set forth in section
				  1209 of title 20.
(b) The timing and number of public events
				  shall be consistent with Public Resources Code section
				  25545.7.2.
(c) For purposes of conducting a meeting,
				  informational workshop, or scoping workshop as close as practicable to the
				  proposed site consistent with Public Resources Code sections
				  25545.7.2
				  and
				  25545.7.6,
				  the commission or applicant shall, to the extent feasible, secure a space with
				  adequate technological capacity to support remote participation that is near
				  the project site.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.7.2
						and
						25545.7.6,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1880.5 - Record of Proceedings and Request for Modification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To prepare and certify a record of the
				  proceeding concurrently with the review of the opt-in application, as set forth
				  in Public Resources Code section
				  25545.13,
				  the project's docket will be the record of proceedings and contain the
				  materials required in subdivision (e) of Public Resources Code section
				  21167.6.
				  The commission's certification of the environmental impact report and project
				  shall be based on this record and on any public comments made at the public
				  meeting to consider the application.
(b) Within five days after the executive
				  director issues the recommendation set forth in section
				  1879(c), staff
				  shall file a statement that the record of proceedings is complete.
(c) Within seven days after staff files the
				  statement set forth in subsection (b), any person who commented on the Staff
				  Assessment of the opt-in application may request that the commission modify the
				  record of the proceeding. Such a request shall be filed into the project's
				  docket and contain information detailing the records to be added or removed,
				  reason for such action, and laws and policies supporting such action. A request
				  to modify the record of the proceeding shall not delay or prohibit the
				  commission from certifying the record of the proceeding pursuant to Public
				  Resources Code section
				  25545.13.
(d) The executive director may review the
				  request and take actions to conform the docket with the request by adding or
				  removing the requested records and notifying the requester. Comporting with the
				  request shall cause the request to be considered withdrawn.
(e) A request to modify the record of
				  proceeding not acted upon by the executive director shall be considered by the
				  commission at the public meeting in which the opt-in application is on the
				  agenda for consideration. The executive director shall file a statement before
				  the public meeting explaining the reasons for not acting on a
				  request.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.8,
						25545.9,
						25545.10
						and
						25545.13,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1881 - Commission Certification of the Environmental Impact Report and Certification to Construct and Operate the Facility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After consideration of the updated Staff Assessment of the
					 opt-in application, the executive director's recommendation, the requirements
					 of Public Resources sections
					 25545.8,
					 25545.9, and
					 25545.10, and public and public
					 agency comment, the commission shall determine whether to certify the
					 environmental impact report and issue a certification to construct and operate
					 the facility. The commission may take action including, without limitation,
					 voting to issue the certification, deny the application, or require additional
					 information or analysis. If the commission votes to require additional
					 information or analysis, the commission shall issue an order that specifies the
					 required information and establishes a schedule for subsequent
					 actions.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25545,
						25545.4,
						25545.8,
						25545.9
						and
						25545.10,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.2 - Certification of Strategic Reliability Reserve Facilities › Section 1890 - Scope and Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article implements Article 5 of Chapter 8.9 of Division 15 of the Public
				  Resources Code related to the certification of a site on which a facility
				  described in Water Code section
				  80710(b)(1)
				  is located.
(b) These regulations
				  shall be effective for all applications submitted pursuant to Article 5 of
				  Chapter 8.9 of Division 15 of the Public Resources Code beginning October 31,
				  2022, up to and including October 31, 2026.
(c) The Department of Water Resources
				  (department) shall submit an application for certification in accordance with
				  these regulations for any site and related facility it proposes to implement
				  pursuant to Water Code section
				  80710(b)(1).
(d) For purposes of this Article, the
				  following definitions shall apply:
(1)
				  "Application" means any application submitted for the issuance of a
				  certification for a site and related facility pursuant to Public Resources Code
				  section
				  25794.1.
(2) "Site and related facility" means any
				  facility described in section
				  80710(b)(1)(B)-(E)
				  of the Water Code and the proposed location of the facility. It does not
				  include any facility that, but for Public Resources Code section
				  25794.1(b),
				  would otherwise be subject to the post-certification petition for changes
				  process specified in Section
				  1769.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.2 - Certification of Strategic Reliability Reserve Facilities › Section 1891 - Prefiling Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  department shall meet with staff regularly, but in no event less frequently
				  than quarterly, to receive guidance in accordance with Public Resources Code
				  section
				  25794.2(a)
				  on the optimal location of any facility the department is considering for an
				  application submitted pursuant to this Article.
(b) Before submitting any application
				  pursuant to this Article, the department shall meet with staff to discuss
				  application requirements and shall invite all agencies that have jurisdiction,
				  or would have had jurisdiction but for Public Resources Code section
				  25794.1(b),
				  to attend the meeting.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). Pursuant to Public Resources Code section
					 25793(e),
					 this action is a deemed emergency and shall remain in effect for three years or
					 until replaced by nonemergency regulations, whichever is sooner. A Certificate
					 of Compliance must be transmitted to OAL by 10-24-2025 or emergency language
					 will be repealed by operation of law on the following
					 day.
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25793(e),
						Public Resources Code. Reference: Section
						25794.2(a),
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.2 - Certification of Strategic Reliability Reserve Facilities › Section 1892 - Contents of Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  complete an application, the department shall submit all the information
				  identified in Public Resources Code section
				  25794.2(b)
				  and Appendix SRR of this Article. For any categories of information contained
				  in Appendix SRR not relevant to the site and related facility, the application
				  shall include a discussion explaining why a category does not apply. All
				  information provided by the department shall be submitted in accordance with
				  Section 1208 and shall be publicly
				  accessible unless it has been designated confidential in accordance with
				  Section 2505.
(b) A list of federal, state, regional, and
				  local agencies and their laws, ordinances, regulations, or standards, including
				  long-range land use plans adopted by the state or by any local or regional
				  planning agency, that are applicable to each site and related facility,
				  including those that would be applicable but for the exclusive jurisdiction of
				  the commission to certify sites and related facilities. The list shall also
				  include the relevant contact person at each agency and their contact
				  information.
(c) The department
				  shall verify the application and supporting information in accordance with
				  Section 1707.
(d) The executive director may request, and
				  the department shall provide, documentation verifying any information or
				  representations contained in the application.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). Pursuant to Public Resources Code section
					 25793(e),
					 this action is a deemed emergency and shall remain in effect for three years or
					 until replaced by nonemergency regulations, whichever is sooner. A Certificate
					 of Compliance must be transmitted to OAL by 10-24-2025 or emergency language
					 will be repealed by operation of law on the following
					 day.
Note: Authority cited: Sections
						25213,
						25218(e),
						25793(e)
						and
						25794.2(b),
						Public Resources Code. Reference: Sections
						25794.2
						and
						25794.4,
						Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.2 - Certification of Strategic Reliability Reserve Facilities › Section 1893 - Review of Application for Completeness

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The executive director shall review the
				  application for completeness and may request or otherwise obtain from the
				  department such additional information as is necessary for staff to analyze the
				  application in conformance with Section
				  1896. If no additional information
				  is needed, the executive director shall file a statement in the docket for the
				  proceeding noting that the application is deemed complete pursuant to Public
				  Resources Code section
				  25794.4(b).
(b) If additional information is requested,
				  the department shall provide the requested information in accordance with
				  Section 1208 as soon as practicable, but
				  in no event more than 30 days after a request is issued.
(c) The executive director shall review the
				  information submitted under subdivision (b) within 5 days of receipt and may
				  notify the applicant that information requested remains outstanding. If
				  information remains outstanding, the executive director shall specify what
				  information is missing. If the department is unable to provide the additional
				  information, it shall file a statement in the docket for the proceeding
				  explaining why it is unable to provide the information and shall meet with
				  staff to resolve the matter.
(d)
				  Immediately after all outstanding information has been accepted pursuant to
				  this section, the executive director shall file a statement in the docket for
				  the proceeding indicating that the additional information has been accepted and
				  the application is deemed complete pursuant to Public Resources Code section
				  25794.4(b).
(e) Within 5 days after the executive
				  director's statement is filed, staff shall transmit the statement
				  electronically to the list of agencies provided pursuant to Section
				  1892(b) with an
				  internet link to where the application can be found online.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). Pursuant to Public Resources Code section
					 25793(e),
					 this action is a deemed emergency and shall remain in effect for three years or
					 until replaced by nonemergency regulations, whichever is sooner. A Certificate
					 of Compliance must be transmitted to OAL by 10-24-2025 or emergency language
					 will be repealed by operation of law on the following
					 day.
Note: Authority cited: Sections
						25213,
						25218(e),
						25793(e)
						and
						25794.4,
						Public Resources Code. Reference: Section
						25794.4,
						Public Resources Code.