California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 2 - The Commission, the Staff, and the Advisory Review Boards › Article 7 - Advisory Boards › Section 10271 - Membership and Function of Engineering Criteria Review Board

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Engineering Criteria Review Board
				  shall consist of not more than nine (9) members, including at least one (1)
				  geologist or engineering geologist, one (1) civil engineer specializing in
				  soils, one (1) structural engineer, and one (1) coastal engineer.
(b) The Board shall advise the Commission on
				  problems relating to the safety of fills and of structures on fills for
				  projects within the Commission's Bay or certain waterways jurisdictions for
				  which a Commission permit or consideration of a consistency determination is
				  needed.
(c) Five members shall
				  constitute a quorum for Board meetings and shall be the minimum necessary for
				  the Board to consider any matter.
(d) The Chair of the Commission may designate
				  with the concurrence of the Commission up to four individuals to act as a pool
				  of alternates to substitute for current Board members who cannot participate in
				  any Board meeting or the consideration of any specific matter at any Board
				  meeting.
(e) When fewer than all
				  nine members of the Board will be available to participate in the Board's
				  consideration of a matter, the Executive Director may designate one or more
				  alternate Board members selected from the pool established pursuant to
				  paragraph (d) to substitute for the Board member or members who cannot
				  participate in the Board's consideration of any action on that matter so long
				  as the total number of Board members that considers a matter does not exceed
				  nine.
(f) When designating an
				  alternate Board member pursuant to paragraph (e), the Executive Director shall
				  select an individual in a professional discipline and with professional
				  experience as much as possible like those of the Board member who cannot
				  participate in the Board's consideration of the particular matter.
(g) Alternate Board members designated
				  pursuant to paragraphs (e) and (f) shall have the same powers and authority to
				  participate in the Board's consideration and action on any matter as a regular
				  Board member.
(h) The term of
				  appointment of Board members or alternates pursuant to subsection (a) or (d)
				  shall be five years and may be renewed by the Executive Director for two
				  successive periods of five years as a member or an alternate.
(i) A member of the Board shall not have any
				  oral or written communication regarding a proposed project or other matter that
				  has been noticed to be considered at a Board meeting with a project proponent,
				  permit applicant, prospective applicant, or member of the public except on the
				  record during a Board meeting. If a Board member receives any oral or written
				  communication regarding a proposed project or other matter that has been
				  noticed to be considered at a Board meeting from a project proponent, permit
				  applicant, prospective applicant, or member of the public that does not occur
				  on the record at a Board meeting or by a written public comment submitted to
				  the entire Board or to the Executive Director, the Board member receiving such
				  a communication shall inform the Commission's counsel of the communication and
				  any response thereto. The Commission's counsel shall advise the Board member
				  whether the Board member shall disclose the communication and any response
				  thereto on the record of the Board's proceedings.
1.
					 Renumbering and amendment of former Section
					 10271 to Section
					 10241, and renumbering and
					 amendment of Section
					 10298 to Section
					 10271 filed 5-18-87; operative
					 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No.
					 48.
2. Amendment filed 8-2-2022; operative 10-1-2022 pursuant to
					 Government Code section
					 11343.4(a)
					 (Register 2022, No. 31). Transmission deadline specified in Government Code
					 section
					 11346.4(b)
					 extended 60 calendar days pursuant to Executive Order N-40-20 and an additional
					 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified
					 in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Section
						66632(f),
						Government Code; and Section
						29201(e),
						Public Resources Code. Reference: Section
						66633(b),
						Government Code; Section
						29520(a),
						Public Resources Code; and San Francisco Bay
						Plan.