California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 4.1 - Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities › Section 1877 - Contents of Opt-in Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  The opt-in application shall contain all the information specified by Appendix
				  B of this chapter and meet the general requirements set forth in section
				  1704(a) of title
				  20. For categories of information contained in Appendix B not relevant to the
				  project, the application shall include a discussion explaining why a category
				  does not apply. If the applicant is seeking incidental take authorization as
				  described in California Fish and Game Code section
				  2081(b),
				  the application shall include the information required in California Code of
				  Regulations, title 14, section
				  783.2(a)(1)-(a)(10).
				  If the applicant is seeking lake and streambed alteration authorization under
				  Fish and Game Code section
				  1602,
				  the application shall include the information required in California Fish and
				  Game Code section
				  1602(a)(1)(A)-(F).
(b) The opt-in application shall contain an
				  explanation of how the facility meets one or more of the definitions of
				  "facility" in Public Resources Code section
				  25545(b).
				  If the opt-in application is seeking certification for a discretionary project
				  pursuant to Public Resources Code section
				  25545(b)(4),
				  the application shall contain a detailed description of how the facility meets
				  the criteria specified in section
				  25545(b)(4)
				  including, as applicable, what the facility would manufacture, produce, or
				  assemble, and how the facility's products or services would be used in the
				  manufacture, production, or assembly of (1) energy storage systems or component
				  manufacturing, (2) wind systems or component manufacturing, (3) solar
				  photovoltaic energy systems or component manufacturing, or (4) specialized
				  products, components, or systems that are integral to renewable energy or
				  energy storage technologies.
(c)
				  The opt-in application shall contain all certifications required by Public
				  Resources Code sections
				  25545.3.3
				  and
				  25545.3.5.
				  The executive director may request, and the applicant shall provide,
				  documentation verifying any certification in the opt-in application. Unless
				  confidential information is requested by the executive director, all supporting
				  documentation shall be filed as a public record.
(d) The opt-in application shall identify and
				  discuss whether the applicant has submitted any local, state, or federal permit
				  applications. For any required permit that has not yet been submitted to the
				  relevant state agency, the opt-in application shall include a plan for
				  submitting the application and any discussions that have occurred with the
				  relevant state agency with authority over the project.
(e) The opt-in application shall identify
				  whether the project is on a prohibited site as identified in Public Resources
				  Code section
				  25527
				  or on a site designated by the California Coastal Commission under Public
				  Resources Code section
				  30413(b)
				  or on a site designated by the San Francisco Bay Conservation and Development
				  Commission under Government Code section
				  66645(b).
				  For projects on such a site, the opt-in application shall include documentation
				  of the approval of the public agency having ownership or control of the
				  land.
(f) The opt-in application
				  shall contain preliminary information demonstrating overall net positive
				  economic benefit to the local government that would have had permitting
				  authority over the site and related facility, consistent with Public Resources
				  Code section
				  25545.9.
				  Staff shall provide the submitted information to the local government for
				  review and comment.
(g) The opt-in
				  application shall include the applicant's plan or strategy, including a
				  timeline for execution, to obtain legally binding and enforceable agreement(s)
				  with, or that benefit, a coalition of one or more community-based organizations
				  prior to project certification, consistent with Public Resources Code section
				  25545.10.
(h) The opt-in application shall include a
				  discussion of whether the project meets the requirements of Public Resources
				  Code sections
				  21183
				  and
				  21183.6.
1. New
					 section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022,
					 No. 43). This action is a deemed emergency and shall remain in effect until
					 amended by the Commission pursuant to Public Resources Code section
					 25545.12.
Note: Authority cited: Sections
						25213,
						25218
						and
						25545.12,
						Public Resources Code. Reference: Sections
						25527,
						25545,
						25545.1,
						25545.2,
						25545.3.3,
						25545.3.5,
						25545.7,
						25545.9,
						25545.10
						and
						25545.13,
						Public Resources Code.