reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 17 - Performance-Based Source Separated Organic Waste Collection Service › Section 18998.3 - Notification to Department

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A jurisdiction that will implement a
				  performance-based source separated collection service beginning in 2022 shall
				  notify the Department on or before January 1, 2022. A jurisdiction that will
				  implement a performance-based source separated collection system in any
				  subsequent year shall notify the Department on or before January 1 of that
				  year.
(b) The notification shall
				  include the following information:
(1) The
				  name of the jurisdiction.
(2) Date
				  the jurisdiction will start providing the performance-based source separated
				  collection service.
(3) Contact
				  information for the jurisdiction, including the name, address and telephone
				  number of the representative of the jurisdiction with primary responsibility
				  for ensuring compliance with this article.
(4) The address within the jurisdiction where
				  all records required by this chapter are maintained.
(5) A list of each designated source
				  separated organic waste facility, landfill disposal facility and any other
				  solid waste facility and their Recycling and Disposal Reporting System number
				  for any facility that will be receiving solid waste directly from the
				  jurisdiction.
(6) The name of any
				  designee the jurisdiction has delegated responsibilities to pursuant to Section
				  18998.1 and any relevant
				  documentation demonstrating the designee's obligation to comply with the
				  provisions of this article.
(7) A
				  statement by the representative of the jurisdiction with primary responsibility
				  for ensuring compliance with this article, under penalty of perjury, that all
				  information contained in the notification is true and correct to the best of
				  their knowledge and belief.
(8) The
				  percent of commercial businesses and the percent of the residential sector
				  currently enrolled in organic waste collection services provided by the
				  jurisdiction.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 12 - Short-Lived Climate Pollutants › Article 17 - Performance-Based Source Separated Organic Waste Collection Service › Section 18998.4 - Recordkeeping

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A jurisdiction implementing a performance-based source
					 separated organic waste collection service pursuant to this article shall
					 maintain the following information and documents in the Implementation Record
					 required by Section
					 18995.2:
(a) The geographical area each designee
				  serves.
(b) If a designee is used,
				  a copy of the contract or agreement for each designee specifying the
				  requirement that all haulers transport the source separated organic waste
				  collection stream collected from generators subject to the jurisdiction's
				  authority to a designated source separated organic waste facility.
(c) Records evidencing compliance with
				  Section 18998.1(a)
				  including, but not limited to:
(1) A current
				  list of generator addresses subject to the authority of the
				  jurisdiction.
(2) A current list of
				  generator addresses subject to the authority of the jurisdiction that are
				  served with a performance-based source separated organic waste collection
				  service.
(3) A current list of
				  generator addresses within the jurisdiction that the jurisdiction does not
				  require to use the performance-based source separated organic waste collection
				  service.
(4) Documentation of the
				  enrollment system used by the jurisdiction consistent with Section
				  18998.1(a)(4).
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19001 - Program Description

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Pursuant to SB 959 (Division 25
				(commencing with Section
				35000) of the Public Resources
				Code) the Coastal Resources and Energy Assistance Act (Public Resources Code
				(PRC), Section
				35000 et seq.), the Secretary of
				Environmental Affairs (SEA) shall award grants totalling $10.5 million and on a
				competitive basis to coastal cities for planning, assessment, mitigation,
				permitting, monitoring and enforcement, public services and facilities, and for
				other activities related to offshore energy development. These city activities
				shall be consistent with requirements of the State's Coastal Management Program
				as defined in the California Coastal Act, PRC Division 20 commencing with
				Section 3000.
(b) In awarding grants, SEA will give
				priority to projects which address existing and/or future impacts of offshore
				oil and gas activities and any related onshore facilities, in accordance with
				PRC Section
				35040.
				In accordance with PRC Section
				35040.5,
				any remaining funds may be awarded to coastal cities with approved local
				coastal programs to assist them in improving the management of the State's
				coastal resources. At such time that funds become available for allocation
				under Section
				35040.5, the appropriate
				application procedures will be issued by SEA.
(c) Grants provided to coastal cities shall
				not exceed 80 percent of the cost of carrying out the project. Block grant
				funds provided pursuant to the Coastal County Offshore Energy Assistance
				Program as defined in the Coastal Resources and Energy Assistance Act must not
				be used as the matching share under this program. In accordance with PRC
				Section
				35081,
				grant funds shall be used only to augment and not be used to replace state
				funds allocated for the same eligible activities.
1. New
				  Division 8 (Chapter 1, Sections
				  19001-19009) filed 7-22-86 as an
				  emergency; effective upon filing (Register 86, No. 31). A Certificate of
				  Compliance must be transmitted to OAL within 120 days or emergency language
				  will be repealed on 11-19-86.
2. Division 8 (Chapter 1, Sections
				  19001-19009) repealed by operation
				  of Government Code Section
				  11346.1(g)
				  (Register 87, No. 2).
3. New Division 8 (Chapter 1, Sections
				  19000-19009) filed 1-8-87;
				  effective upon filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 87, No. 2).
Note: Authority cited: Section
					 35041,
					 Public Resources Code. Reference: Sections
					 35040,
					 35040.5,
					 35042
					 and
					 35081,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19002 - Eligible Applicants and Projects

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any coastal city is eligible to apply for
				grant funds. For purposes of this program, "coastal cities" are considered as
				those cities whose city boundaries are located wholly or partially within the
				coastal zone as defined in the California Coastal Act, as amended (Public
				Resources Code, Division 20, commencing with Section
				30000). Projects addressing
				existing and/or future impacts of offshore energy development will first be
				considered. Upon determination of unused funds, SEA will invite applications to
				consider funding other projects pursuant to PRC Section
				35040.5.
(b) Offshore energy development includes
				activities such as exploration, production, processing, transportation, and
				refining of offshore oil and gas from State and federal waters off California.
				Projects which address impacts of these activities may be eligible for funding.
				The following are examples of potentially eligible projects:
(1) Planning and Assessment.
(A) Develop local policies, regulations, or
				ordinances regulating offshore energy related developments.
(B) Conduct studies to identify environmental
				and/or socioeconomic impacts and mitigation measures associated with offshore
				energy development.
(C) Develop
				local plans or mitigation programs to address offshore energy related
				impacts.
(D) Conduct siting studies
				for onshore energy facilities for processing, transportation, and refining of
				offshore oil and gas.
(E) Develop
				an offshore energy planning process that is consistent with requirements of the
				State's Coastal Management Program.
(F) Analyze offshore leasing, exploration,
				and development proposals for purposes of commenting pursuant to the OCS Lands
				Act,(43 USC
				1331-1356,
				1801-1866), Coastal Zone
				Management Act, (16 USC
				1451-1464), National Environmental
				Policy Act,(42 USC
				4321-4347), California Environmental
				Quality Act,(PRC Sections
				2100
				et seq.), or similar statutes.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19003 - Grant Process and Timetable

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The schedule and key steps of this grant
				program are provided in Table 1. The application process consists of two
				stages.
(1) Stage One is pre-application.
				After informal consultation with the Office of Offshore Development, coastal
				cities will prepare and submit to SEA pre-applications for the projects which
				they believe should be funded. Pre-applications shall be prepared in
				conformance with the information requirements of Section
				19004(a) below.
				SEA will screen the pre-applications based on the criteria in Section
				19004(b).
				Projects meeting all criteria will advance to Stage Two.
(2) In Stage Two, coastal cities will prepare
				draft applications for the qualified projects. The application shall contain
				all information requested in Section
				19005(a). In
				accordance with Section
				35040(b), the
				drafts must be circulated locally and to the State Clearinghouse for public
				comments. At least one public hearing must be held by the applicant during the
				public comment period pursuant to Section
				35040(b). Ten
				copies of each draft shall also be submitted to the State Clearing House 30
				days prior to the public hearing, for review and comments by State
				agencies.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Table 1 - Local Government Coastal Management Improvement Program Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1986:
8/1
SEA disseminates program
						  information and begins informal consultation with coastal cities
10/1
Coastal cities submit
						  pre-applications to SEA
11/1
SEA releases pre-application
						  screening results
12/15
Coastal cities release draft
						  applications for public comment and submit ten copies of each draft
						  applications to the State Clearing House for circulation among the agencies 30
						  days prior to the dates of the required public hearings. Each applicant will
						  announce public hearing date(s)
1987:
1/15
Public comments due to
						  coastal cities
2/15
Coastal cities submit final
						  applications to SEA
4/1
SEA submits preliminary rankings
						  for review by the Local Government OCS Advisory Committee
5/1
SEA approves final ranking. SEA
						  issues notice of intent to award grant for individual projects on completion of
						  certification of compliance with CEQA.
5/8
Protest period ends
5/15
SEA will issue notice of grant
						  award after seven day protest period
10/31
Quarterly Financial Report
1988:
1/31
Semi-annual Progress Report
						  and Quarterly Financial Report
4/30
Quarterly Financial Report
7/31
Semi-annual Progress Report and
						  Quarterly Financial Report
10/31
Quarterly Financial Report
1989:
1/31
Semi-annual Progress Report
						  and Quarterly Financial Report
4/30
Quarterly Financial Report
5/31
Maximum Grant Term
6/30
Final Report
1. New Table 1
				  filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A
				  Certificate of Compliance must be transmitted to OAL within 120 days or
				  emergency language will be repealed on 11-19-86.
2. Repealed by
				  operation of Government Code Section
				  11346.1(g)
				  (Register 87, No. 2).
3. New section filed 1-8-87; effective upon
				  filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 87, No. 2).
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19004 - Pre-Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information
				Requirements.
(1) Name of coastal
				city.
(2) Mailing
				address.
(3) Name and title of the
				person in charge of the project.
(4) Name and title of the person responsible
				for fiscal management of the grant.
(5) Brief (2-3 pages) project narrative
				including:
(A) Project description;
(B) Project objectives;
(C) Past and future offshore energy
				activities; potential impact or planning needs for the city and region
				(including size, severity, and likelihood of impacts); estimate of the
				resources and populations affected; extent to which the project will address
				the impacts or planning needs;
(D)
				Products;
(E) Expected benefits to
				the city and region;
(F)
				Description of current local planning, assessment, mitigation, permitting,
				monitoring and enforcement, and public services and facilities related to
				offshore energy activities; and the relationship of the proposed project to
				these existing capabilities;
(G)
				Other funding sources pursued;
(H)
				Alternative means to accomplish the objectives of the proposed
				project.
(6) Estimate of
				project costs and documentation of the required matching funds (submit Exhibit
				1).
(7) Work statement describing
				the major tasks.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19005 - Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information
				Requirements.
(1) Name of coastal
				city.
(2) Name and title of person
				in charge of the project.
(3) Name
				and title of person responsible for fiscal management of the grant.
(4) Detailed project narrative (should follow
				the same format required in the pre-application, as required in Section
				19004(a)).
(5) Work statement describing tasks and
				products in detail.
(6) Description
				of needed resources with a completed fiscal application attached (Exhibit
				2).
(7) Project schedule to present
				the relationship between work tasks and the amount of time required.
(8) Identification of applicable laws and
				regulations, including CEQA and the State Coastal Management Program, and
				evidence of compliance.
(9) Letters
				of commitment for matching funds.
(10) Summary of public comments and hearing
				held in compliance with Section
				19003(a)(2).
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19006 - Payment of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Payment of funds will be made on a quarterly basis. The
				  grantee may request payment of funds in advance of or as reimbursement for work
				  undertaken during a given quarter. The grantee must indicate the option in the
				  financial application (Exhibit 2) and quarterly financial status form (Exhibit
				  3). The grantee opting for advance payment must also complete the financial
				  status report as a part of the grant application.
(a) Advance Payment Method.
(1) Grant funds may be paid in advance. In
				order to receive an advance payment, the grantee must submit to SEA a completed
				financial status form and a narrative statement justifying the anticipated
				expenditures, 45 days prior to the start of each 90 day funding period. For
				example, a payment request must be submitted by February 15 for the April-June
				quarter.
(2) For the first 90 day
				period of the grant, a request for advance payment will be based on the
				estimated first quarter expenditures as detailed in the initial quarterly
				financial report. Subsequent payments will be based on the submitted quarterly
				report, projected needs, and expenditures for the previous quarter.
(3) SEA will not authorize payment for:
(A) any request submitted without the
				narrative justification or
(B) any
				single advance payment request for most or all of the grant funds.
Exceptions may be considered when it can be conclusively
				  demonstrated by the grantee that expenditures will occur at the requested level
				  in any one calendar quarter.
(4) The grantee is required to keep track of
				expenditures and make accurate estimates of cash needs for each quarter. A
				grantee neglecting to document expenditures and keep cash balances to a minimum
				will be required to switch to the reimbursement method.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19007 - Fiscal Requirements for Grants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Standards for Accounting and Financial
				Systems.
(1) The grantee shall establish a
				separate ledger account for receipt and expenditures of grant funds. The
				expenditures will be for items contained in the approved budget.
(2) Grantee financial management systems
				shall:
(A) Provide separate accountability
				for grant activities;
(B) Ensure
				that grant funds are not commingled with other funds;
(C) Include cash flow management procedures
				to minimize cash balances; and
(D)
				Feature accounting records that are supported by source
				documents.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19008 - Program Reports

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Semi-annual Progress Report.
(1) The grantee
				shall submit to SEA a progress report by July 31 and January 31 of each year
				during the grant period. Each report shall include, but not be limited to:
(A) A discussion on whether the project tasks
				are on schedule;
(B) A discussion
				of any difficulties or problems encountered in accomplishing the work
				statement;
(C) Corrective actions
				that have been and/or will be taken the grantee must obtain prior written
				approval from SEA before making changes to the terms or conditions of the grant
				agreement;
(D) A financial report
				(see Section
				19007(e)).
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 1 - Final Application Procedures: Local Government Coastal Management Improvement Program › Section 19009 - Grant Closeout Procedure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the grant closeout process, the grantee will refund all
				  unexpended grant funds, unused income, and credits to SEA unless other prior
				  negotiated arrangements have been made. A check made payable to SEA, along with
				  a final report, will be due 30 days after the end of the grant term. Upon
				  approval of the final report, SEA will release the funds held in
				  retention.
1. New section
				  filed 7-22-86 as an emergency; effective upon filing (Register 86, No. 31). A
				  Certificate of Compliance must be transmitted to OAL within 120 days or
				  emergency language will be repealed on 11-19-86.
2. Repealed by
				  operation of Government Code Section
				  11346.1(g)
				  (Register 87, No. 2).
3. New section filed 1-8-87; effective upon
				  filing pursuant to Government Code Section
				  11346.2(d)
				  (Register 87, No. 2).
Note: Authority cited: Section
					 35041,
					 Public Resources Code. Reference: Section
					 35041,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 2 - Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed] › Section 19020 - Information Required to Appear on Permit Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change
				  without regulatory effect repealing chapter 2 (sections
				  19020-19025) and repealing section
				  filed 2-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 7).
Note: Authority cited: Section
					 15378,
					 Government Code. Reference: Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 2 - Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed] › Section 19021 - Appeals to the Secretary; Contents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change
				  without regulatory effect repealing section filed 2-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 7).
Note: Authority cited: Section
					 15378,
					 Government Code. Reference: Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 2 - Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed] › Section 19022 - Deadline for Appeals. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change
				  without regulatory effect repealing section filed 2-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 7).
Note: Authority cited: Section
					 15378,
					 Government Code. Reference: Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 2 - Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed] › Section 19023 - Review by the Secretary. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change
				  without regulatory effect repealing section filed 2-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 7).
Note: Authority cited: Section
					 15378,
					 Government Code. Reference: Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 2 - Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed] › Section 19024 - Violations; Failure to Notify Whether Application is Complete or Deficient. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change
				  without regulatory effect repealing section filed 2-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 7).
Note: Authority cited: Section
					 15378,
					 Government Code. Reference: Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 2 - Permit Reform Act Appeals to the Secretary of Environmental Affairs [Repealed] › Section 19025 - Violations; Refunds of Filing Fees; Final Action Required. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
				  filed 9-1-87; operative 10-1-87 (Register 87, No. 36).
2. Change
				  without regulatory effect repealing section filed 2-17-2011 pursuant to section
				  100, title 1, California Code of
				  Regulations (Register 2011, No. 7).
Note: Authority cited: Section
					 15378,
					 Government Code. Reference: Sections
					 15374-
					 15378,
					 Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 8 - Environmental Affairs Agency › Chapter 3 - Voluntary Registration of Environmental Assessors [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Change
				without regulatory effect renumbering title 14, division 8, chapter 3 (sections
				19030-19044) to title 22, division
				4.5, chapter 52 (sections
				69200-69214) filed 7-27-2006
				pursuant to section
				100, title 1, California Code of
				Regulations (Register 2006, No. 30). For prior history of chapter 3, see
				Register 98, No. 52.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20000 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations establish the procedures by which the Delta
				  Protection Commission processes, considers and resolves appeals from local
				  governmental decisions which are brought before the Commission under the
				  provisions of Public Resources Code §§
									29770-
				  29772.
				  Appeals may be initiated by an aggrieved person ("aggrieved person appeal"), or
				  by the Commission on its own initiative ("appeal initiated by
				  Commission").
1. New
				  division 9, chapter 1 and section filed 3-7-94; operative 4-6-94 (Register 94,
				  No. 10).
2. Amendment of section and NOTE filed 3-16-2009; operative
				  4-15-2009 (Register 2009, No. 12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20001 - Time for Filing Aggrieved Person Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A person aggrieved by any action taken by a local government
				  which falls within the criteria established in Public Resources Code §
									29970(a)
				  may file an appeal with the Commission within 10 working days of the date on
				  which the pertinent local government has taken final action concerning the
				  matter being appealed. For proposes of this chapter, "final action" means a
				  decision of the local government that is final and not subject to any further
				  review by any member or decision-making body of that local
				  government.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment
				  of section heading, section and NOTE filed 3-16-2009; operative 4-15-2009
				  (Register 2009, No. 12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20002 - Contents and Filing of Aggrieved Person Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An appeal brought by an aggrieved person under these
				  regulations shall be in writing and shall contain at least the following
				  information:
(a) the name and address
				of the appellant;
(b) the name and
				address of the third party, if any, whose proposal is the subject of the appeal
				and the local government action being appealed;
(c) a description of the proposal or
				development that is the subject of the local government action being
				appealed;
(d) the identity of the
				local governmental body whose action is being appealed;
(e) the specific ground(s) for appeal;
				and
(f) a detailed statement of
				facts on which the appeal is based.
The appeal shall be considered "filed" with the Commission
				  when the original letter from the appellant is received, determined by staff to
				  contain all of the information listed above, and stamped "Filed" by the
				  Commission with the date of filing indicated.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment
				  of section heading, section and NOTE filed 3-16-2009; operative 4-15-2009
				  (Register 2009, No. 12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20003 - Grounds for Aggrieved Person Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The grounds for an aggrieved person's appeal of a local
				  government action shall be limited to those specified in Public Resources Code
				  §
									29770(a),
				  i.e., that such action, as to lands located exclusively within the primary
				  zone, is inconsistent with the Commission's Resource Management Plan, those
				  portions of a local government's general plan that implement the Resources
				  Management Plan, or the Delta Protection Act.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment
				  of section heading, section and NOTE filed 3-16-2009; operative 4-15-2009
				  (Register 2009, No. 12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20004 - Commission Procedures upon Receipt of Aggrieved Person Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within five working days of receipt of an aggrieved person
				  appeal, the executive director of the Commission shall:
(a) post a notice and brief description of
				the appeal in a conspicuous location in the Commission office;
(b) mail to the affected local government a
				copy of the same notice and brief description, together with a copy of the
				appeal document(s) filed with the Commission.
(c) mail to the affected third party, if any,
				identified in §
									20002(b) above a
				copy of the notice and brief description, together with a copy of the appeal
				document(s) filed with the Commission; and
(d) mail copies of the notice and brief
				description to each member of the Commission.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment
				  of section heading, section and NOTE filed 3-16-2009; operative 4-15-2009
				  (Register 2009, No. 12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20004.1 - Appeal Initiated by Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the absence of an appeal by an aggrieved person, the
				  Commission may decide by majority vote to review on appeal any action taken by
				  a local government or other local agency in implementing the Resource
				  Management Plan, or otherwise taken pursuant to this division, for land located
				  exclusively within the primary zone, if the Commission believes the action may
				  be inconsistent with the Resource Management Plan, or the Delta Protection Act.
				  Except as provided in §
									20009.1(b) and
				  (c), below, the Commission's vote shall take
				  place no later than the first available, regularly-scheduled meeting that
				  occurs at least 25 working days after the date on which the pertinent local
				  government has taken final action concerning the matter. Where the Commission
				  decides to review an action on appeal, the Commission shall proceed to hear the
				  appeal at the Commission's next available, regularly-scheduled
				  meeting.
1. New section
				  filed 3-16-2009; operative 4-15-2009 (Register 2009, No.
				  12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20005 - Effect of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon either receipt of a timely aggrieved person appeal, or
				  the Commission's vote to initiate an appeal on its own, the executive director
				  shall notify the affected local government and the party whose proposal is the
				  subject of the appeal that the operation and effect of the local government's
				  action has been stayed pending Commission action on the appeal as required by
				  Public Resources Code §
									29771.
				  Further, the executive director shall request that the affected local agency
				  make available for inspection and copying all relevant documents and materials
				  used by the local government in its consideration of the action being appealed.
				  This information shall include the names and addresses of all persons who
				  submitted written comments or testified before the local government regarding
				  the matter being appealed. If the Commission fails to obtain access to the
				  documents and materials on a timely basis, the Commission shall commence a
				  hearing on the appeal as provided in §
									20008 (for an aggrieved person
				  appeal) or §
									20009.2 (for an appeal initiated
				  by the Commission), but shall leave the hearing open until all such relevant
				  documents and materials are received and reviewed by the
				  Commission.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment
				  of section and NOTE filed 3-16-2009; operative 4-15-2009 (Register 2009, No.
				  12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20006 - De Novo Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall conduct a de novo review of the local
				  government action being reviewed.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No.
				  10).
Note: Authority cited: Sections
					 29752
					 and
					 29770(b),
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20007 - Standard of Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The standard of Commission review of any appealable local
				  government action shall be whether that action meets the requirements of Public
				  Resources Code §
									29770(a).
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No.
				  10).
Note: Authority cited: Sections
					 29752
					 and
					 29770(b),
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20008 - Aggrieved Person Appeal: Hearing on Commission Jurisdiction/Appealable Issue

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Commission's appellate review of an aggrieved person appeal shall be conducted
				in a hearing composed of two sequential phases, held in accordance with the
				provisions of Public Resources Code §
									29770.
				At the first available Commission meeting occurring at least 15 working days
				after the filing of an appeal, but in no event more than 60 calendar days after
				a filing, the Commission shall conduct an initial hearing and determine by
				majority vote whether the appeal:
(1) fails
				to raise an issue within the Commission's jurisdiction; or
(2) does not raise an appealable
				issue.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20009 - Aggrieved Person Appeal: Hearing on Merits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless the Commission dismisses the aggrieved person appeal
				  for the reasons set forth above, the Commission shall proceed to hear the
				  appeal on its merits at the Commission's next available, regularly-scheduled
				  meeting.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No. 10).
2. Amendment
				  of section heading, section and NOTE filed 3-16-2009; operative 4-15-2009
				  (Register 2009, No. 12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20009.1 - Withdrawal of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) At
				any time before the Commission commences the roll call for a final vote on an
				appeal, the appellant may withdraw the appeal. The withdrawal must be stated on
				the record at a hearing or filed with the Commission in writing.
(b) Where the withdrawal is stated on the
				record at a hearing, it shall become effective immediately. In such an event,
				at that same Commission meeting the Commission may decide by majority vote to
				review on appeal any action related to the withdrawn appeal that the Commission
				could have reviewed absent that aggrieved party appeal. Where the Commission
				decides to review an action on appeal, the Commission shall proceed to hear the
				appeal at the Commission's next available, regularly-scheduled
				meeting.
(c) Where the withdrawal
				is filed in writing, it shall be effective at, but not before, the Commission's
				next available, regularly-scheduled meeting occurring at least 15 working days
				after the filing. At that meeting, the Commission may decide by majority vote
				to review on appeal any action related to the withdrawn appeal that the
				Commission could have reviewed absent that aggrieved party appeal. Where the
				Commission decides to review an action on appeal, the Commission shall proceed
				to hear the appeal at the Commission's next available, regularly-scheduled
				meeting.
1. New section
				  filed 3-16-2009; operative 4-15-2009 (Register 2009, No.
				  12).
Note: Authority cited: Sections
					 29752
					 and
					 29770,
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20009.2 - Appeal Initiated by Commission: Hearing on Jurisdiction/Appealable Issue if Raised by an Interested Person; Hearing on Merits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In an appeal initiated by the Commission,
				any interested person may assert, prior to or at the onset of the hearing, that
				the appeal:
(1) does not raise an issue
				within the Commission's jurisdiction; or
(2) does not raise an appealable
				issue.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20010 - Evidence and Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) Hearings conducted by the Commission under
				these regulations shall be conducted in a manner deemed most suitable to ensure
				fundamental fairness to all parties concerned, and with a view toward securing
				all relevant information and material necessary to render a decision without
				unreasonable delay.
b) Hearings
				need not be conducted according to technical rules relating to evidence and
				witnesses. Any relevant evidence shall be considered if it is the sort of
				evidence on which responsible persons are accustomed to rely in the conduct of
				serious affairs, regardless of the existence of any common law or statutory
				rule which might make improper the admission of such evidence over objection in
				a court proceeding. Unduly repetitious or irrelevant evidence shall be excluded
				upon order of the Commission or its chairperson.
c) Evidence before the Commission includes,
				but is not limited to, the record before the local government whose action is
				being appealed. Except in unusual circumstances, the record will not include a
				transcript of the local government proceedings unless provided by a party to
				the proceedings.
d) Any interested
				person may testify before the Commission regarding an appeal. Speakers'
				presentation shall be to the point and shall be as brief as possible. Visual
				and other materials may be used as appropriate. The Commission may establish
				reasonable time limits for presentation(s); such time limits shall be made
				known to all affected persons prior to any hearing. Where speakers use or
				submit to the Commission visual or other materials, such materials shall become
				part of the hearing record and shall be identified and maintained as such.
				Speakers may substitute reproductions of models or other large materials but
				shall agree to make the originals available upon request of the executive
				director.
e) Commissioners may ask
				questions of the appellant, the affected local government's representative(s),
				any affected third party(s) appearing at the hearing, staff or the Commission's
				legal counsel. Questioning of speakers at the hearing by other persons shall
				not be permitted except by permission of the Chairperson.
f) Interested persons may submit written
				comments concerning an appeal. Any such comments will be considered by the
				Commission if they are received by the Commission at or before the hearing on
				the appeal.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No.
				  10).
Note: Authority cited: Sections
					 29752
					 and
					 29770(b),
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20011 - Commission Decision on Merits of Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) The Commission's determination on the
				merits of an appeal brought under Public Resources Code §
									29770
				shall be by majority vote.
b) The
				Commission's decision shall be deemed final upon the taking of the vote, unless
				the Commission directs that written findings be prepared for consideration by
				the Commission on a subsequent date. If such findings are prepared, the
				Commission action shall be deemed final upon the date the findings are adopted
				by the Commission.
c) Written
				Commission findings, if any, shall be prepared by staff and presented to the
				Commission for consideration at the next regularly-scheduled meeting following
				the Commission's vote on the merits of the appeal. The time for preparation of
				findings may be extended by the Chair in appropriate circumstances.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No.
				  10).
Note: Authority cited: Sections
					 29752
					 and
					 29770(b),
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20012 - Notification of Commission Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall notify the local government, the
				  appellant and the affected third party, if any, identified in §
									20002(b) of each
				  formal action taking by the Commission under §§
									20008 and
				  20009. The notification shall be
				  transmitted by the Executive Director within ten working days of the
				  Commission's formal action.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No.
				  10).
Note: Authority cited: Sections
					 29752
					 and
					 29770(b),
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 9 - Delta Protection Commission › Chapter 1 - Commission Hearing Procedures › Section 20013 - Ex Parte Contacts

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) Decisions of the Commission on appeals
				heard under Public Resources Code §
									29770
				shall be based strictly on the evidence presented during the public hearing.
				The Commission shall not rely upon any communications, reports, staff
				memoranda, or other materials prepared in connection with a particular appeal
				unless those materials are made a part of the hearing record.
b) If commissioners receive written or oral
				communications from any person concerning a pending appeal outside the formal
				hearing process, they shall disclose, on the record and prior to a Commission
				vote on the appeal, both the existence and substance of the
				communications.
1. New section
				  filed 3-7-94; operative 4-6-94 (Register 94, No.
				  10).
Note: Authority cited: Sections
					 29752
					 and
					 29770(b),
					 Public Resources Code. Reference: Sections
					 29770-
					 29772,
					 Public Resources Code.