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 3 - Procedures for Considering Applications for Certification › Section 1741 - Application Proceeding; Purpose and Objectives

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of an application proceeding
				  is to ensure that any sites and related facilities certified provide a reliable
				  supply of electrical energy at a level consistent with the need for such
				  energy, and in a manner consistent with public health and safety, promotion of
				  the general welfare, and protection of environmental quality.
(b) The application proceeding shall be
				  conducted in order to accomplish all of the following objectives:
(1) To ensure that the applicant incorporates
				  into the project all measures that can be shown to be feasible, reasonably
				  necessary, and available to substantially lessen or avoid the project's
				  significant adverse environmental effects, and to ensure that any facility
				  which may cause a significant adverse environmental effect is certified only if
				  the benefits of such facility outweigh its unavoidable adverse
				  effects.
(2) To ensure that the
				  applicant takes all measures that can be shown to be feasible, reasonably
				  necessary, and available to comply with applicable governmental laws and
				  standards; to ensure that any facility certified complies with applicable
				  federal law; and to ensure that any facility which fails to comply with an
				  applicable local or state law or standard is certified only if such facility is
				  required for public convenience and necessity and there are not more prudent
				  and feasible means of achieving such convenience and necessity.
(3) To ensure safe and reliable operation of
				  the facility.
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 3 - Procedures for Considering Applications for Certification › Section 1742.5 - Environmental Review; Staff Responsibilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2.
					 Repealer filed 12-21-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25216.5,
						25217(b)
						and
						25519(c),
						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 3 - Procedures for Considering Applications for Certification › Section 1743 - Review of Safety and Reliability Factors; Staff and Agency Assessment. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 (b) filed 8-10-93;
					 operative 9-9-93 (Register 93, No. 33).
3. Repealer filed
					 12-21-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Section
						25216.5(a),
						Public Resources Code. Reference: Section
						25520(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 3 - Procedures for Considering Applications for Certification › Section 1744 - Review of Compliance with Applicable Laws

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Information on the measures planned by
				  the applicant to comply with all applicable federal, state, regional, and local
				  laws, regulations, standards, and plans shall be provided in the application as
				  specified in the appropriate appendix. Such information shall not duplicate
				  information contained in environmental, safety and reliability, and air quality
				  sections of the application.
(b)
				  Upon acceptance of the application, each agency responsible for enforcing the
				  applicable mandate shall assess the adequacy of the applicant's proposed
				  compliance measures to determine whether the facility will comply with the
				  mandate. The commission staff shall assist and coordinate the assessment of the
				  conditions of certification to ensure that all aspects of the facility's
				  compliance with applicable laws are considered.
(c) The applicant's proposed compliance
				  measures and each responsible agency's assessment of compliance shall be
				  presented and considered at hearings on the application held pursuant to
				  Section 1745.
(d) If the applicant or any responsible
				  agency asserts that an applicable mandate cannot be complied with, the
				  commission staff shall independently verify the non-compliance, and advise the
				  commission of its findings in the hearings.
(e) Comments and recommendations by a
				  interested agency on matters within that agency's jurisdiction shall be given
				  due deference by Commission staff.
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 (b) and NOTE filed
					 8-10-93; operative 9-9-93 (Register 93, No. 33).
3. New subsection
					 (e) filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section
					 11343.4
					 (Register 2007, No. 13).
4. 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).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25216.5(a),
						25217(b)
						and
						25523,
						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 3 - Procedures for Considering Applications for Certification › Section 1744.5 - Air Quality Requirements; Determination of Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant shall submit in its
				  application all of the information required for an authority to construct under
				  the applicable district rules, subject to the provisions of Appendix B(g)(8) of
				  these regulations.
(b) The local
				  air pollution control officer shall conduct, for the commission's certification
				  process, a determination of compliance review of the application in order to
				  determine whether the proposed facility meets the requirements of the
				  applicable new source review rule and all other applicable district
				  regulations. If the proposed facility complies, the determination shall specify
				  the conditions, including BACT and other mitigation measures, that are
				  necessary for compliance. If the proposed facility does not comply, the
				  determination shall identify the specific regulations which would be violated
				  and the basis for such determination. The determination shall further identify
				  those regulations with which the proposed facility would comply, including
				  required BACT and mitigation measures. The determination shall be submitted to
				  the commission within 240 days (or within 180 days for any application filed
				  pursuant to Sections
				  25540
				  through
				  25540.6
				  of the Public Resources Code) from the date of the acceptance.
(c) The local district or the Air Resources
				  Board shall provide a witness at the hearings held pursuant to Section
				  1745 to present and explain the
				  determination of compliance.
(d)
				  Any amendment to the applicant's proposal related to compliance with air
				  quality laws shall be transmitted to the APCD and ARB for consideration in the
				  determination of compliance.
1. Amendment
					 of subsection (b) filed 1-28-81; effective thirtieth day thereafter (Register
					 81, No. 5).
2. Amendment of subsection (b) filed 1-11-83; designated
					 effective 2-1-83 pursuant to Government Code section
					 11346.2(d)
					 (Register 83, No. 3).
3. Amendment of subsection (c) and NOTE filed
					 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment of
					 subsection (a) filed 4-17-96; operative 5-17-96 (Register 96, No.
					 16).
5. 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).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25216.3
						and
						25523,
						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 3 - Procedures for Considering Applications for Certification › Section 1745 - Evidentiary Hearings; Purposes; Burden of Proof; Schedule for Filing and Service of Evidence

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				  earlier than 90 days after the acceptance of the application, the presiding
				  member may begin evidentiary hearings on the application.
(b) The hearings shall consider the topics
				  listed in 1745.5.
(c) Except where
				  otherwise provided by law, the applicant has the burden of producing evidence
				  to support all findings and conclusions required for certification of the site
				  and related facilities.
(d) The
				  proponent of any additional condition, modification, or other provision
				  relating to the manner in which the proposed facility should be designed,
				  sited, and operated in order to protect environmental quality and ensure public
				  health and safety shall have the burden of making a reasonable showing to
				  support the need for and feasibility of the condition, modification, or
				  provision. The presiding member may direct the applicant and/or staff to
				  examine and present further evidence on the need for and feasibility of such
				  modification or condition.
1. Amendment
					 filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 3).
2. Repealer of former section
					 1745 and renumbering of former
					 section 1748 to new section
					 1745, including amendment of
					 section heading and section, filed 12-21-2015; operative 1-1-2016 pursuant to
					 Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25216.5
						and
						25521,
						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 3 - Procedures for Considering Applications for Certification › Section 1745.5 - Presiding Member's Proposed Decision; Comment Period; Basis; Contents

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the end
				  of the evidentiary hearings, the presiding member, in consultation with the
				  other committee members, shall prepare and file a proposed decision on the
				  application that meets the requirements of section
				  1748.
(b) The presiding member's proposed decision
				  shall be based on a consideration of the entire hearing record and contain the
				  following:
(1) Environmental Factors:
(A) a description of potential significant
				  environmental effects;
(B) an
				  assessment of the feasibility of mitigation measures and a reasonable range of
				  alternatives that could lessen or avoid the adverse effects; and
(C) if any significant effects are likely to
				  remain even after the application of all feasible mitigation measures and
				  alternatives, whether economic, legal, social, technological or other
				  environmental benefits of the project outweigh the unavoidable adverse
				  effects;
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 3 - Procedures for Considering Applications for Certification › Section 1746 - Revised Presiding Member's Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the conclusion of the comment period on the presiding
					 member's proposed decision, the presiding member, in consultation with the
					 other committee member, may prepare a revised proposed decision on the
					 application. If a revised proposed decision is prepared, it shall be filed and
					 subject to a 15-day comment period before consideration by the full
					 commission.
1.
					 Renumbering and amendment of former section
					 1753 to new section
					 1746 filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52). For prior history, see Register 83, No.
					 3.
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25519(c),
						25522
						and
						25523,
						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 3 - Procedures for Considering Applications for Certification › Section 1747 - Hearing on Presiding Member's Proposed Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Adoption hearings on the presiding
				  member's proposed decision or the revised proposed decision, if any, shall be
				  held before the full commission after the comment period on the presiding
				  member's proposed decision. The hearing shall be conducted for the purpose of
				  considering final oral and written statements of the parties and final comments
				  and recommendations from interested agencies and members of the public. The
				  hearing(s) on the presiding member's proposed decision may be the same hearing
				  as the one to consider the final decision. If a revised decision is issued as
				  provided in Section
				  1746, the presiding member may
				  schedule additional hearing(s) before either the committee or the full
				  commission prior to or at the same time as the final commission adoption
				  hearing.
(b) The chair may require
				  that certain statements by parties and other persons be submitted in writing in
				  advance of the hearings. The commission shall not consider new or additional
				  evidence at the hearings under this section unless due process requires or
				  unless the commission adopts a motion to reopen the evidentiary record. In such
				  case, the commission shall afford such notice to the parties as is fair and
				  reasonable under the circumstances.
(c) Any member may propose an alternative
				  decision, including supporting findings and conclusions. Such alternative may
				  also be considered at the hearings under this section but need not be acted
				  upon until the commission makes its final decision.
1. New
					 section filed 8-10-93; operative 9-9-93 (Register 93, No. 33). For prior
					 history, see Register 83, No. 3.
2. Amendment filed 3-28-2007;
					 operative 3-28-2007 pursuant to Government Code section
					 11343.4
					 (Register 2007, No. 13).
3. Repealer of former section
					 1747 and renumbering and amendment
					 of former section
					 1754 to new section
					 1747 filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
4. Change without regulatory effect
					 amending subsection (b) filed 8-24-2022 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2022, No. 34).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25522,
						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 3 - Procedures for Considering Applications for Certification › Section 1748.5 - Environmental Review; Staff Responsibilities. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 subsection (e) filed 1-28-81; effective thirtieth day thereafter (Register 81,
					 No. 5).
2. Amendment of subsection (e) filed 1-11-83; designated
					 effective 2-1-83 pursuant to Government Code section
					 11346.2(d)
					 (Register 83, No. 3).
3. 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
						25519(c),
						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 3 - Procedures for Considering Applications for Certification › Section 1749 - Notice of Decision; Filing with Resources Agency

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The executive director shall file a notice of the final
					 decision with the Secretary of the Natural Resources Agency.
1.
					 Renumbering and amendment of former section
					 1768 to section
					 1749 filed 12-5-2018; operative
					 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 49). For prior history, see Register 2015, No.
					 52.
Note: Authority cited: Section
						25541.5,
						Public Resources Code. Reference: Sections
						21080.5
						and
						25541.5,
						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 3 - Procedures for Considering Applications for Certification › Section 1750 - Proposed Decision. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. 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: Sections
						25216.5
						and
						25522,
						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 3.1 - Post-Certification Activities › Section 1751 - Post-Certification List Serve

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
After the final decision is issued, the commission shall
					 create an electronic list serve related to post-certification activities. In
					 closing the application for certification proceeding the commission shall file
					 a notice in the application for certification project docket providing
					 instructions on how to subscribe to the list serve.
1. New
					 article 3.1 (section
					 1751) and section filed 12-5-2018;
					 operative 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 49). For prior history, see Register 2015, No.
					 52.
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25523,
						25532
						and
						25534,
						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 3.1 - Post-Certification Activities › Section 1752 - Presiding Member's Proposed Decision; Contents. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 section heading and opening
					 paragraph filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
3.
					 Repealer of subsection (a), subsection relettering and amendment of NOTE filed
					 3-8-2002; operative 4-7-2002 (Register 2002, No. 10).
4. Repealer
					 filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Section
						25218(e),
						Public Resources Code. Reference: Sections
						25523
						and
						25525-
						25529,
						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 3.1 - Post-Certification Activities › Section 1752.3 - Presiding Member's Proposed Decision; Air Quality Findings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 1-28-81; effective thirtieth day thereafter (Register
					 81, No. 2).
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 of section heading and subsection
					 (a) filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4.
					 Repealer filed 12-21-2015; operative 1-1-2016 pursuant to Government Code
					 section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25523(d)
						and
						25525,
						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 3.1 - Post-Certification Activities › Section 1752.5 - Presiding Member's Proposed Decision; CEQA Findings. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 section heading and text filed
					 8-10-93; operative 9-9-93 (Register 93, No. 33).
3. Repealer filed
					 12-21-2015; operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						21080.1,
						25523
						and
						25541.5,
						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 3.1 - Post-Certification Activities › Section 1752.7 - Presiding Member's Proposed Decision; Findings for a Multiple Facility Site. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
					 Renumbering and amendment of former section
					 1753 to section
					 1752.7 filed 8-10-93; operative
					 9-9-93 (Register 93, No. 33).
2. Repealer filed 12-21-2015;
					 operative 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
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 3.1 - Post-Certification Activities › Section 1753 - Revised Presiding Member's Proposed Decision. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section
					 11346.2(d)
					 (Register 83, No. 3).
2. Renumbering of former section
					 1753 to section
					 1752.7 and new section filed
					 8-10-93; operative 9-9-93 (Register 93, No. 33).
3. Renumbering
					 former section
					 1753 to new section
					 1746 filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52). For prior history, see Register 83, No.
					 3.
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25519(c),
						25522
						and
						25523,
						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 3.1 - Post-Certification Activities › Section 1754 - Hearings on Presiding Member's Proposed Decision. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 section heading and subsection
					 (a) filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
3.
					 Renumbering of former section
					 1754 to new section
					 1747 filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25522,
						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 3.1 - Post-Certification Activities › Section 1755 - Final Decision. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (a) filed 1-28-81; effective thirtieth day thereafter (Register
					 81, No. 5).
2. 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).
3. New subsections (c)-(d)(2) and amendment of
					 NOTE filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4.
					 Amendment of subsection (b) and amendment of NOTE filed 3-8-2002; operative
					 4-7-2002 (Register 2002, No. 10).
5. Renumbering of former section
					 1755 to new section
					 1748 filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						21080.1,
						21081,
						25216.3,
						25523,
						25525-
						25527,
						25529
						and
						25541.5,
						Public Resources Code; Title 14, California Code of Regulations, sections
						15091 and
						15093.
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 3.1 - Post-Certification Activities › Section 1756 - Schedule for Review of Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (b) filed 1-28-81; effective thirtieth day thereafter (Register
					 81, No. 5).
2. Amendment of subsections (a) and (b) filed 1-11-83;
					 designated effective 2-1-83 pursuant to Government Code section
					 11346.2(d)
					 (Register 83, No. 3).
3. 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: Sections
						25522,
						25540.2
						and
						25540.6,
						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 3.1 - Post-Certification Activities › Section 1757 - Multiple-Facility Sites, Review Schedule. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsections (a)-(c) filed 1-11-83; designated effective 2-1-83 pursuant to
					 Government Code Section
					 11346.2(d)
					 (Register 83, No. 3).
2. Repealer filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25520.5,
						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 3.1 - Post-Certification Activities › Section 1760 - Environmental Impact Report. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Amendment
					 of subsection (c) 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).
3. 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: Sections
						21100
						and
						25519(c),
						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 3.1 - Post-Certification Activities › Section 1763 - Exemption from the Notice of Intention Requirements for Cogeneration Facilities Greater than 300 Megawatts. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-16-83; effective thirtieth day thereafter (Register 83, No.
					 8).
2. Repealer filed 4-17-96; operative 5-17-96 (Register 96, No.
					 16).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25522
						and
						25540.6(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 3.1 - Post-Certification Activities › Section 1764 - Acceptance of Applications for Cogeneration Facilities Greater than 300 Megawatts. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 2-16-83; effective thirtieth day thereafter (Register 83, No.
					 8).
2. Repealer filed 8-10-93; operative 9-9-93 (Register 93, No.
					 33).
Note: Authority cited: Sections
						25213
						and
						25218(e),
						Public Resources Code. Reference: Sections
						25522
						and
						25540.6(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 3.1 - Post-Certification Activities › Section 1765 - Projects Exempted from Notice Requirements; Application Procedures. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 filed 8-10-93; operative 9-9-93
					 (Register 93, No. 33).
3. Repealer filed 12-21-2015; operative
					 1-1-2016 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2015, No. 52).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25540.6,
						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 3.1 - Post-Certification Activities › Section 1768 - Notice of Decision; Filing with Resources Agency. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 filed 8-10-93; operative 9-9-93
					 (Register 93, No. 33).
3. Amendment of section and NOTE filed
					 4-8-2003; operative 5-8-2003 (Register 2003, No. 15).
4. Renumbering
					 of former section
					 1768 to section
					 1749 filed 12-5-2018; operative
					 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 49).
Note: Authority cited: Section
						25541.5,
						Public Resources Code. Reference: Sections
						21080.5
						and
						25541.5,
						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 3.1 - Post-Certification Activities › Section 1769 - Post Certification Petition for Changes in Project Design, Operation or Performance and Amendments to the Commission Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Change in Project Design, Operation, or
				  Performance Requirements.
(1) After the final
				  decision is effective under section
				  1720.4, the project owner shall
				  petition the commission for approval of any change it proposes to the project
				  design, operation, or performance requirements. The petition must contain the
				  following information:
(A) A complete
				  description of the proposed change, including new language for any conditions
				  of certification that will be affected;
(B) A discussion of the necessity for the
				  proposed change and an explanation of why the change should be
				  permitted;
(C) A description of any
				  new information or change in circumstances that necessitated the
				  change;
(D) An analysis of the
				  effects that the proposed change to the project may have on the environment and
				  proposed measures to mitigate any significant environmental effects;
(E) An analysis of how the proposed change
				  would affect the project's compliance with applicable laws, ordinances,
				  regulations, and standards;
(F) A
				  discussion of how the proposed change would affect the public;
(G) A list of current assessor's parcel
				  numbers and owners' names and addresses for all parcels within 500 feet of any
				  affected project linears and 1000 feet of the project site;
(H) A discussion of the potential effect of
				  the proposed change on nearby property owners, residents, and the public;
				  and
(I) A discussion of any
				  exemptions from the California Environmental Quality Act, commencing with
				  section
				  21000
				  of the Public Resources Code, that the project owner believes may apply to
				  approval of the proposed change.
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 3.1 - Post-Certification Activities › Section 1769.1 - Staff and Project Owner Jointly Initiated Amendment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Staff and a project owner may jointly
				  initiate an amendment to a final decision adopted under this chapter, provided
				  that the purpose of the proposed amendment is to update the decision to
				  reconcile the conditions of certification with other legal requirements or
				  changes to compliance protocols or methodologies, or to modify a condition that
				  is moot, impossible, or otherwise unnecessary to avoid potentially significant
				  effects and remain in compliance with all applicable laws, ordinances,
				  regulations, and standards.
(b) An
				  amendment jointly initiated by staff and the project owner shall include the
				  information specified in section
				  1769(a)(1), and
				  be accompanied by a summary of the amendment consistent with the requirements
				  of section
				  1769(a)(2). The
				  amendment shall be considered by the commission in a manner consistent with the
				  process set forth in section
				  1769(a)(4). The
				  amendment shall not be approved by the commission unless the agreement of the
				  project owner with the proposed amendment is reflected in the joint proposal
				  presented to the commission for approval.
(c) An amendment initiated jointly by staff
				  and a project owner pursuant to this section shall not be subject to section
				  25806(e)
				  of the Public Resources Code.
1. New
					 section filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2018, No. 49).
Note: Authority cited: Sections
						25213,
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25523,
						25532,
						25534
						and
						25806,
						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 3.1 - Post-Certification Activities › Section 1770 - Compliance Verification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Commission shall provide adequate monitoring of all conditions and measures set
				  forth in the final decision required to mitigate potential impacts and to
				  assure that the facility is constructed and operated in compliance with all
				  applicable laws including, but not limited to, air quality, water quality, and
				  public health and safety laws, ordinances, regulations, and standards for all
				  projects certified. A compliance plan shall be adopted by the commission as
				  part of the certification decision. The plan shall include the following:
(1) A set of general compliance conditions
				  setting forth and explaining the duties and responsibilities of the staff, the
				  licensee, delegate agencies, and others; the procedures for settling disputes;
				  the requirements for handling confidential records and maintaining the
				  compliance record; and the requirements for verification, including periodic
				  reports and any other administrative procedures that are necessary to verify
				  that all the conditions will be satisfied.
(2) Condition(s) or mitigation measure(s) to
				  be monitored;
(3) Method of
				  monitoring or reporting including who will monitor or report, provisions for
				  approving qualifications of the monitor, when the monitoring or reporting will
				  be done, and the frequency of site visits, if any.
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 1801 - Applicability of Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Except as otherwise provided in this article, the
						provisions of Articles 1, 2, and 3 of this subchapter shall apply to the
						consideration of all notices and applications for geothermal power plants,
						associated transmission lines, and appurtenant facilities.
1.
						Repealer of Article 4 (Sections
						1801-1841, not consecutive; and
						Appendices A and B) and new Article 4 (Sections
						1801-1870, not consecutive; and
						Appendices A-C) filed 9-17-79; effective thirtieth day thereafter (Register 79,
						No. 38). For prior history, see Registers 78, No. 47; 77, No. 4; and 76, No.
						14.
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).
Note: Authority cited: Sections
						  25213,
						  25218(e),
						  25539
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25540
						  and
						  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 › A - General Provisions › Section 1802 - Policies of the Commission on the Siting of Geothermal Power Plants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In carrying out the provisions of this article it shall
						be the policy of the commission:
(a)
					 To promote the accelerated development of economically feasible and
					 environmentally acceptable geothermal power plants;
(b) To implement a 12-month certification
					 process for the consideration of geothermal applications for projects for which
					 a resource supply has been confirmed, and to delegate its geothermal power
					 plant certification authority to county governments with a demonstrated
					 equivalent certification program;
(c) To enhance public participation in
					 decisions relating to the development of geothermal energy in California to
					 ensure a thorough and balanced consideration of relevant issues;
(d) To assist and cooperate with local
					 permitting agencies in the preparation of environmental documents relating to
					 geothermal power plants, to encourage local agencies to prepare full-field
					 environmental impact reports at the earliest practical time, to provide such
					 agencies with technical and financial assistance wherever possible in the
					 preparation of such reports; and
(e) To avoid the duplication of environmental
					 analyses by coordinating with local, state, and federal agencies in the
					 preparation of environmental documents, including the use of documents prepared
					 by such agencies to the extent practicable.
1.
						Amendment of subsection (b) 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 (b) filed
						7-13-2022; operative 7-13-2022 pursuant to Government Code section
						11343.4(b)(3)
						(Register 2022, No. 28).
Note: Authority cited: Sections
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25540-
						  25540.3
						  and
						  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 › A - General Provisions › Section 1803 - Alternative Certification Processes for Geothermal Power Plants

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Eighteen-month
					 certification process. The commission shall issue its decision on a geothermal
					 notice as specified in Section
					 1727 of Article 2 within nine
					 months from the date of accepting such notice, and except as provided in
					 subsection (b), shall issue its final decision on an application within nine
					 months from the date of acceptance of the application, or at such later times
					 as are mutually agreed upon by the commission and the applicant.
(b) Twelve-month certification process. If
					 the applicant can demonstrate at the outset of the proceedings that the project
					 complies with the provisions of Public Resources Code Section
					 25540.2(a),
					 the commission shall issue its decision within 12 months of the acceptance of
					 the application. Any application filed pursuant to Public Resources Code
					 Section
					 25540.2(a)
					 shall explicitly state that a commercial resource has been discovered and that
					 a 12-month process is requested.
1.
						Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government
						Code section
						11346.2(d)
						(Register 83, No. 3).
2. Amendment 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: Sections
						  25540,
						  25540.2(a)
						  and
						  25540.3,
						  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 1805 - Information Requirements for Geothermal Notices and Applications. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 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: Sections
						  25540-
						  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 › A - General Provisions › Section 1806 - Schedule for Review of Geothermal Notices. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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 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.