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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1711 - Public Notice of Discussions Among Parties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All hearings, presentations, conferences, meetings,
						workshops, and site visits shall be open to the public and noticed as required
						by section
						1209; provided, however, these
						requirements do not apply to communications between parties, including staff,
						for the purpose of exchanging information or discussing procedural issues.
						Information includes facts, data, measurements, calculations and analyses
						related to the project. Discussions between staff and any other party to modify
						staff's positions or recommendations regarding substantive issues shall be
						noticed. Staff may also meet with any governmental agency, not a party to the
						proceedings, for the purpose of discussing any matter related to the project
						without public notice.
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
						1711 and renumbering of former
						section 1710 to new section
						1711, 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: Section
						  25213,
						  Public Resources Code. Reference: Section
						  11129,
						  Government Code; and Sections
						  25216.5
						  and
						  25222,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1712 - Right to Become a Party; Rights and Duties. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Amendment of subsection (a) filed 1-11-83; designated effective 2-1-83 pursuant
						to Government Code section
						11346.2(d)
						(Register 83, No. 3).
2. Amendment of subsection (a) filed 8-10-93;
						operative 9-9-93 (Register 93, No. 33).
3. Amendment of subsection
						(b) 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: Sections
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Section
						  25214,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1712.5 - Staff as an Independent Party. [Renumbered]

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.
						Renumbering of former section
						1712.5 to new section
						1210 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
						  25213,
						  Public Resources Code. Reference: Section
						  25217(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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1713 - Summary of Notice or Application; Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon filing of the notice or application,
					 the executive director shall prepare a summary of such notice or application.
					 The summary shall be concise and understandable, shall fairly describe the
					 content of the notice or application using the applicant's own words whenever
					 possible, and shall include a description of the commission's procedures
					 concerning proceedings on the notice or application, as appropriate.
(b) As soon as practicable after its
					 preparation, the executive director shall cause a copy of the summary to be
					 mailed or otherwise delivered to public libraries in communities near the
					 proposed sites, including the main branch of a public library in each county in
					 which a facility is proposed to be located in whole or in part; to libraries in
					 Eureka, Fresno, Los Angeles, San Diego, and San Francisco; and to all members,
					 to the ex officio members, to the public adviser, to the hearing officer, to
					 the general counsel, to the applicant, to any person who requests such mailing
					 or delivery, and to all parties to the proceeding.
(c) As soon as practicable after its
					 preparation, the executive director shall cause the summary to be published in
					 a newspaper of general circulation in each county in which a site and related
					 facility, or any part thereof, designated in the notice or application, are
					 proposed to be located.
1.
						Amendment of NOTE filed 1-11-83; designated effective 2-1-83 pursuant to
						Government Code Section
						11346.2(d)
						(Register 83, No. 3).
Note: Authority cited: Sections
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25505
						  and
						  25519(g),
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1714.5 - Agency Comments on an Application for Certification; Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Any agency
					 requested, pursuant to Section
					 1714 of this article, to submit
					 its comments and recommendations to the commission on any aspect of the
					 application shall be requested to do each of the following:
(1) Update as necessary the information
					 requested or submitted by the agency during the notice proceedings;
(2) Perform or conduct such analyses or
					 studies as needed to resolve any significant concerns of the agency, or to
					 satisfy any remaining substantive requirements for the issuance of a final
					 permit by the agency which would have jurisdiction but for the commission's
					 exclusive authority, or for the certification by the commission for the
					 construction, operation, and use of the proposed site and related facilities;
					 and
(3) Submit to the commission,
					 and upon request of the presiding member, present, explain, and defend in
					 public hearings held on the application, the results of the agency's analyses,
					 studies, or other review relevant to the application. The agency may submit
					 comments and recommendations on any aspect of the application, including among
					 other things, the design of the facility, architectural and aesthetic features
					 of the facility, access to highways, landscaping and grading, public use of
					 lands in the area, and other aspects of the design, construction, or operation
					 of the proposed site and related 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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1714.7 - Air Quality Report on the Notice; Preparation; Contents; Testimony. [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
						  25506,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1714.9 - Determination of Compliance; Preparation by Local Air Districts. [Repealed]

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 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
						  25519(f),
						  25519(g)
						  and
						  25519(j),
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1715 - Reimbursement of Local Agencies

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Costs eligible for reimbursement.
(1) Local
					 agencies shall be reimbursed for costs incurred in accordance with actual
					 services performed by the local agency, provided that the local agency follows
					 the procedures set forth in this section. These costs include:
(A) permit fees, including traffic impact
					 fees, drainage fees, park-in-lieu fees, sewer fees, public facilities fees and
					 the like, but not processing fees, that the local agency would normally receive
					 for a powerplant or transmission line application in the absence of Commission
					 jurisdiction, and
(B) the added
					 costs of services performed directly in response to Commission requests for
					 review that are not normally covered by the permit fee and for which a fee is
					 normally charged.
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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1716.5 - Motions, Hearings, Decision. [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
						  25210,
						  25502,
						  25519(b)
						  and
						  25541,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1717 - Distribution of Pleadings, Comments, and Other Documents. [Repealed]

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. Amendment of subsection (c) and NOTE filed
						8-10-93; operative 9-9-93 (Register 93, No. 33).
3. Amendment of
						subsection (a) filed 3-28-2007; operative 3-28-2007 pursuant to Government Code
						section
						11343.4
						(Register 2007, No. 13).
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
						  25213,
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Section
						  25216.5(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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1718 - Staff Meetings; Purposes. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section filed 1-11-83; designated effective 2-1-83 pursuant to Government Code
						section
						11346.2(d)
						(Register 83, No. 3).
2. Amendment of subsection (a) filed 8-10-93;
						operative 9-9-93 (Register 93, No. 33).
3. Amendment of section
						heading and subsections (a)-(c) filed 3-8-2002; operative 4-7-2002 (Register
						2002, No. 10).
4. Renumbering of former section
						1718 to section
						1207.5 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
						  25210
						  and
						  25216.5,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1718.5 - Prehearing Conferences; Hearing Order. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
						section 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: Sections
						  25211
						  and
						  25509.5,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1719 - Consolidation or Severance Proceedings. [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 filed 1-11-83; designated effective 2-1-83 pursuant
						to Government Code Section
						11346.2(d)
						(Register 83, No. 3).
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
						  25516.6,
						  25522
						  and
						  25540.2,
						  Public Resources Code.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1720 - Reconsideration of Decision or Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 30 days after a decision or order
					 is final, the Commission may on its own motion order, or any party may petition
					 for, reconsideration thereof. A petition for reconsideration must specifically
					 set forth either:
1) new evidence that
					 despite the diligence of the moving party could not have been produced during
					 evidentiary hearings on the case; or
2) an error in fact or change or error of
					 law. The petition must fully explain why the matters set forth could not have
					 been considered during the evidentiary hearings, and their effects upon a
					 substantive element of the decision. In addition to being served on all parties
					 as required by section
					 1211, the petition for
					 reconsideration shall be filed with the chief counsel of the
					 commission.
California Code of Regulations › Title 20 - Public Utilities and Energy › Division 2 - State Energy Resources Conservation and Development Commission › Chapter 5 - Power Plant Site Certification › Article 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1720.2 - Termination of Notice of Intent and Application for Certification Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The committee
					 or any party may, based upon the applicant's failure to pursue an application
					 or notice with due diligence, file a motion to terminate the notice or
					 application proceeding. Within 30 days of the filing of such a motion, the
					 committee may hold a hearing and provide an opportunity for all parties to
					 comment on the motion. Following the hearing, the committee shall issue an
					 order granting or denying the motion.
(b) A committee order terminating a
					 proceeding must be approved by the commission.
1. New
						section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2.
						Amendment of section heading, subsection (b) and NOTE 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
						  25210,
						  25216.5,
						  25502
						  and
						  25519(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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1720.3 - Construction Deadline

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Unless a shorter deadline is established pursuant to
						§
											25534, the deadline for the
						commencement of construction shall be five years after the effective date of
						the decision. Prior to the deadline, the applicant may request, and the
						commission may order, an extension of the deadline for good
						cause.
1. New
						section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2.
						Amendment filed 3-28-2007; operative 3-28-2007 pursuant to Government Code
						section
						11343.4
						(Register 2007, No. 13).
Note: Authority cited: Sections
						  25213,
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25210,
						  25216.5
						  and
						  25519(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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1720.4 - Effective Date of Decisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For all purposes, including but not limited to
						implementing sections
						25530,
						25531,
						and
						25901
						of the Public Resources Code, a decision or order is adopted, issued, final,
						and effective on the day it is filed, unless it states
						otherwise.
1. New
						section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2.
						Repealer and new section filed 3-28-2007; operative 3-28-2007 pursuant to
						Government Code section
						11343.4
						(Register 2007, No. 13).
3. Amendment 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
						  25210,
						  25216.5,
						  25502,
						  25519(b)
						  and
						  25541,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1720.5 - Demand Conformance

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 3-28-2007; operative 3-28-2007 pursuant to Government Code
						section
						11343.4
						(Register 2007, No. 13).
Note: Authority cited: Sections
						  25213,
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Sections
						  25305(e),
						  25308.5,
						  25523(f),
						  25524
						  and
						  25541,
						  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 1 - General Provisions Applicable to Notices of Intent and Applications for Certification › B - Filing and Information Requirements for Notices and Applications › Section 1720.6 - Demonstration Projects

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 3-28-2007; operative 3-28-2007 pursuant to Government Code
						section
						11343.4
						(Register 2007, No. 13).
Note: Authority cited: Sections
						  25213,
						  25218(e)
						  and
						  25541.5,
						  Public Resources Code. Reference: Section
						  25540.6(e),
						  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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1721 - Purpose of Notice and Notice of Intention Proceeding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The purpose of a notice, and such
				  supporting documentation as may be filed concurrently with the notice, is to
				  provide the commission, interested agencies, and interested members of the
				  public with an informative document which does all of the following:
(1) Accurately describes the nature, size,
				  and location of the sites and related facilities proposed by the
				  applicant;
(2) Fairly identifies
				  and explains the principal environmental, economic, and technological
				  advantages and disadvantages of each siting proposal in the notice;
(3) Identifies measures which the applicant
				  is considering to mitigate the principal disadvantages of each siting proposal
				  in the notice;
(4) Explains the
				  need for the proposed facilities;
(5) Describes the commercial availability of
				  the generation technologies proposed in the notice (if not already determined
				  to be commercially available by the commission); discusses the economic
				  comparability of the proposals based upon comparative generation costs
				  available to the applicant; and explains the impact of the proposed facilities
				  on the overall reliability of the service area system;
(6) Specifies the measures proposed or being
				  considered by the applicant to ensure public health, safety, and reliability
				  during construction and operation of the proposed facilities at each site;
				  and
(7) Indicates the degree to
				  which the proposed facilities can be constructed and operated at each site in
				  conformity with applicable federal, state, and local standards, laws,
				  ordinances, and regulations, including any long-range land use plans or
				  guidelines adopted by any federal, state, regional, or local planning
				  agency.
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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1722 - Public Information Presentations. [Repealed]

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. Repealer filed 8-10-93; operative 9-9-93
					 (Register 93, No. 33).
Note: Authority cited: Sections
						25516.5
						and
						25518,
						Public Resources Code. Reference: Section
						25509,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1722.5 - Air Quality Report on Notice; Preparation; Contents; Testimony

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon filing of
				  a notice, the local air district (or the Air Resources Board if the local
				  district fails to participate) in which a site is located shall prepare and
				  submit a report prior to the conclusion of the nonadjudicatory hearings held
				  pursuant to Section
				  1723. Each agency submitting a
				  report shall testify in support of the report at hearings on the notice. The
				  report shall include, but not be limited to:
(1) A preliminary specific definition of best
				  available control technology (BACT) for the proposed facility;
(2) A preliminary discussion of whether there
				  is a substantial likelihood that the requirements of the applicable new source
				  review rule and all other applicable air quality regulations can be satisfied
				  by the proposed facility; and
(3) A
				  preliminary list of conditions which the proposed facility must meet in order
				  to comply with the applicable rules and regulations.
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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1722.9 - Prehearing Conferences; Hearing Order. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. Repealer
					 filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 3).
Note: Authority cited: Section
						25218,
						Public Resources Code. Reference: Sections
						25211
						and
						25509,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1723.5 - Presentation of Evidence; Burdens of Producing Evidence; Burdens of Proof

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The applicant
				  has the burden of proof and of producing evidence on each of the following:
(1) The probable need for the proposed
				  facilities;
(2) A reasonable
				  likelihood that the principal adverse impacts on the environment can be
				  mitigated or avoided;
(3) A
				  reasonable likelihood that the facilities can be constructed and operated
				  safely and reliably;
(4) The
				  suitability of the sites to accommodate the facilities;
(5) The reasonableness of the likely
				  financial impacts of constructing and operating the facilities; and
(6) A reasonable likelihood that the
				  construction and operation of the proposed facilities will comply with the
				  federal, state, regional, and local laws, standards, ordinances, and land use
				  plans which are applicable to the proposals.
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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1724 - Summary and Hearing Order; Preparation; Contents; Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After the
				  conclusion of the nonadjudicatory hearings, and no later than 150 days after
				  acceptance of the notice, the presiding member shall prepare and publish a
				  summary of the hearing record and a hearing order pursuant to Public Resources
				  Code Sections
				  25512
				  and
				  25512.5
				  to guide subsequent adjudicatory hearings.
(b) The hearing order shall identify issues
				  to be adjudicated in subsequent hearings, issues which have been eliminated,
				  and issues which should be deferred to the certification proceeding. To the
				  extent permitted by the record, the summary shall also include proposed
				  findings on matters relevant to the final report and proposed conditions for
				  filing an application.
(c) Based
				  upon information presented in the hearings, the summary and hearing order shall
				  briefly describe each siting proposal, shall summarize the principal
				  significant environmental effects of each siting proposal, and shall describe
				  reasonable alternatives and mitigation measures which could substantially
				  reduce the adverse effects. The summary and hearing order shall list
				  environmental issues regarding potential adverse effects, mitigation measures,
				  and alternatives which require resolution in the subsequent adjudicatory
				  hearings. The summary should briefly describe and discuss those environmental
				  issues important to a decision on the notice.
(d) The presiding member shall publish notice
				  of the availability of the summary and hearing order in a newspaper of general
				  circulation for the county or counties where the sites are located.
(e) The presiding member shall provide all
				  parties with a reasonable opportunity to submit comments, recommendations, and
				  proposed findings and conclusions for the summary and hearing order prior to
				  its preparation. The presiding member may hold a public conference to consider
				  amendments to the hearing order after its publication.
1.
					 Amendments of subsections (c) and (d) filed 1-28-81; effective thirtieth day
					 thereafter (Register 81, No. 5).
2. Amendment of subsections (a),
					 (b) and (d) filed 1-11-83; designated effective 2-1-83 pursuant to Government
					 Code Section
					 11346.2(d)
					 (Register 83, No. 3).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Sections
						25512
						and
						25512.5,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1725 - Adjudicatory Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Pursuant to the hearing order, the assigned committee shall
					 conduct adjudicatory proceedings as provided in Public Resources Code Section
					 25513.
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: Section
						25218(e),
						Public Resources Code. Reference: Section
						25513,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1726 - Final Report; Preparation; Distribution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The presiding member shall prepare a
				  final report on the notice, as provided in Section
				  25514
				  of the Public Resources Code. The report shall propose such findings and
				  conclusions as are warranted by the record of the proceeding; shall recommend
				  either approval or disapproval of the notice and the reasonable conditions, if
				  any, which must be satisfied before certification is granted; and shall contain
				  a proposed decision on the notice.
(b) The final report shall contain the
				  committee's responses to significant environmental points raised in the notice
				  proceeding, including findings and conclusions on each of the environmental
				  issues in the summary and hearing order or otherwise important to a decision on
				  the notice. The report shall include findings on the need for and feasibility
				  of any mitigation measures or alternatives considered in the hearings. The
				  report shall include findings and conclusions on the relative merits and
				  acceptability of each alternative site and related facility proposed and
				  considered in the proceeding, and conditions for filing an application on each
				  site and facility approved.
(c) The
				  final report shall be distributed in the same manner as the summary and hearing
				  order.
1. 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).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25514,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1726.5 - Request for PUC Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the final report recommends any modifications,
					 conditions or criteria for any site and related facility requiring a
					 certificate of public convenience and necessity from the Public Utilities
					 Commission, the presiding member shall request the comments of the PUC in
					 accordance with Section
					 25514.3
					 of the Public Resources Code.
1. Amendment
					 filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section
					 11346.2(d)
					 (Register 83, No. 3).
Note: Authority cited: Sections
						25218(e)
						and
						25541.5,
						Public Resources Code. Reference: Section
						25514.3,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1727 - Final Report and Proposed Decision Hearings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Commission or the assigned committee
				  may hold one or more hearings to consider any statements of the parties on the
				  final report and on the proposed decision, and the comments and recommendations
				  of interested agencies and members of the public. Such statements may contain
				  recommendations for amendments to the final report and proposed
				  decision.
(b) The chair or the
				  presiding member may require that all statements by parties and other persons
				  be filed in writing in advance of the hearings. No new or additional evidence
				  shall be considered at the hearings under this section unless the commission or
				  the assigned committee adopts a motion to reopen the evidentiary record. In
				  such case, the commission or the assigned committee shall afford such notice to
				  the parties as appears fair and reasonable under the circumstances, but in no
				  event shall such notice be given less than ten days prior to the
				  hearings.
(c) Any member may
				  propose an alternative decision, including supporting findings and conclusions.
				  Such proposed decision may also be considered at the hearings under this
				  section but need not be acted upon until the commission makes its decision on
				  the notice. The commission or the assigned committee shall provide any party
				  with a reasonable opportunity in the hearings or prior to adoption of the final
				  decision to comment on any proposed decision.
(d) The commission shall adopt, reject, or
				  amend and adopt, any proposed decision considered in the hearing on the final
				  report.
(e) The decision shall be
				  based exclusively on the evidentiary record of the proceedings on the notice.
				  The decision shall conform to the requirements of Sections
				  25516,
				  25516.1,
				  25516.5
				  and
				  25516.6
				  of the Public Resources Code.
1. Amendment
					 of subsections (a) and (b), and renumbering and amendment of former section
					 1728 to section
					 1727(d) and (e)
					 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. 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: Sections
						25515,
						25516.1,
						25516.5
						and
						25516.6,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1728 - Decision. [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. Renumbering and amendment of Section
					 1728 to Section
					 1727(d) and (e)
					 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)
						and
						25516.6,
						Public Resources Code. Reference: Sections
						25516,
						25516.1,
						25516.5
						and
						25516.6,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1729 - Nonapprovable Sites or Non-Certifiable Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The commission shall not find acceptable
				  any site and related facility to which the provisions of Sections
				  25526
				  or
				  25527
				  of the Public Resources Code apply unless the finding required by the
				  applicable section has been made.
(b) The applicant shall be required to comply
				  with the following requirements of Sections
				  25526 and
				  25527 at the application stage:
(1) For a site in an area designated by the
				  Coastal Commission, the applicant shall demonstrate to the Coastal Commission
				  that the proposed facilities will cause no substantial adverse environmental
				  effects on any designated area. The Coastal Commission shall submit its
				  findings to the Energy Commission prior to the conclusion of the hearings held
				  under Section
				  1745 of these
				  regulations.
(2) For a site in an
				  area designated by the BCDC, the applicant shall demonstrate to the BCDC that
				  the proposed facility will cause no substantial adverse environmental effects
				  on any designated area. The BCDC shall submit its findings to the Energy
				  Commission prior to the conclusion of the hearings held under Section
				  1745 of these
				  regulations.
(3) For a site in an
				  area listed in Section
				  25527, the applicant shall
				  demonstrate to the Energy Commission that the proposed facility will cause no
				  substantial adverse environmental effects on any such area. The commission's
				  findings shall be contained in the proposed decision on the
				  application.
(4) For a site in any
				  area covered by this section, the applicant shall demonstrate prior to the
				  conclusion of hearings held under Section
				  1745 that the approval of any
				  public agency having ownership or control of such lands has been
				  obtained.
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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1730 - Approval; Required Finding for Air Quality

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The commission shall not approve any site and related
					 facility unless it determines that there is a substantial likelihood that it
					 will meet the applicable air quality regulations; provided, however, that if
					 the commission determines that the facility is urgently needed, the applicant
					 has made a good faith effort to find acceptable alternative sites and related
					 facilities, and no otherwise approvable site has a substantial likelihood, it
					 may approve the single site and related facility that is otherwise acceptable
					 and that is most likely to meet all applicable air quality regulations. In such
					 event, the commission shall request the ARB and local districts to appear at
					 the hearings on the final report and advise the commission on which site is
					 most likely to meet the requirements.
Note: Authority cited: Sections
						25518,
						25541.5,
						Public Resources Code. Reference: Sections
						21081,
						25516,
						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 2 - Procedures for Considering Notices of Intention to File an Application for Certification › Section 1731 - Environmentally Unacceptable Sites

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  If the commission finds that the construction and operation of a power plant
				  and related facilities at a site would cause a significant adverse effect on
				  the environment, the commission shall follow the provisions of this section.
(1) The commission may find the site and
				  related facilities acceptable despite the probability of a significant adverse
				  effect if the commission finds that there is a reasonable likelihood that the
				  adoption of feasible mitigation measures could substantially reduce the
				  significant adverse effect.
(2) If
				  the commission finds that there is not a reasonable likelihood that feasible
				  mitigation measures could substantially reduce the significant adverse effect,
				  and that there is available a feasible alternative that could avoid or
				  substantially reduce the significant adverse effect, the commission shall find
				  the proposed site unacceptable.