reglab/statecodes huggingface dataset:
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 2 - Marsh Development Permits Issued by Local Governments › Section 11414 - Contents of Local Government Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The notice required by Section
						11413 shall contain the
						following:
(a) The name, address, and
					 telephone number of the local government staff person assigned to the
					 project;
(b) sufficient information
					 about the proposed project and the site to allow the recipient to identify the
					 applicable policies of the Suisun Marsh Protection Plan and the Suisun Marsh
					 Preservation Act if the Commission has not certified a local protection program
					 or of the certified local protection program if the Commission has certified
					 one;
(c) a request for comments on
					 the application and the date by which the local government must receive
					 comments;
(d) a statement of when
					 and where any public hearing(s) will be held; and
(e) a brief description of the procedures for
					 appealing a local governmental decision to other local governmental bodies and
					 to the Commission, including the fact that a local government marsh development
					 permit shall become final and unappealable unless either an aggrieved party or
					 two (2) or more Commissioners appeal the issuance of the permit within twenty
					 (20) working days of the receipt of the notice of the final action.
1.
						Renumbering and amendment of Section
						11228 to Section
						11414 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502
						  and
						  29521-
						  29524,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 3 - Issuance of Local Marsh Development Authorizations › Section 11420 - Contents of Local Marsh Development Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any marsh development authorization issued by a local
						government shall be in writing and shall include the following:
(a) a notice to the permittee that the
					 authorization shall not become final until all of the following time periods
					 have passed:
(1) the time period for appealing
					 the action to a higher body within the local government as provided for in the
					 local procedures, and
(2) the
					 twenty (20) working day period after the Commission has received notice of the
					 local government's final action;
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 3 - Issuance of Local Marsh Development Authorizations › Section 11421 - Finality of Local Marsh Development Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No local marsh development authorization
					 shall become effective until all time periods for appealing the action within
					 the local government and to the Commission have expired without the filing by
					 any aggrieved person or by any two members of the Commission of an appeal or
					 until the Commission determines that an appeal raises no substantial issue of
					 compliance with California Public Resources Code Sections
					 29000
					 through
					 29612,
					 the Suisun Marsh Protection Plan, and the certified Suisun Marsh Local
					 Protection Program.
(b) The twenty
					 (20) working day time period for appealing to the Commission shall not commence
					 until the receipt of the notice of final local action as required by Section
					 11430.
1.
						Renumbering and amendment of Section
						11236 to Section
						11421 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
2. Change without regulatory effect amending NOTE filed
						12-31-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
						pursuant to Executive Order N-40-20.)
3. Amendment of subsection (a)
						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: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502,
						  29522
						  and
						  29523,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 4 - Commission Review of Marsh Development Authorization › Section 11430 - Notice of Final Local Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The local government shall notify the Commission,
						Attention: Executive Director, in writing of its final action taken on an
						application for a marsh development authorization for a development within the
						secondary management area. The notice shall be dated, shall be delivered by
						mail or hand delivered, and shall indicate whether the local government issued
						or denied the authorization, the date on which it acted, and whether its action
						may be appealed to a higher local body. If the local government granted an
						authorization, it shall attach a copy of the authorization and all conditions
						and copy of any local government staff report to the notice.
1.
						Renumbering and amendment of Section
						11229 to Section
						11430 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502
						  and
						  29521,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 4 - Commission Review of Marsh Development Authorization › Section 11431 - Filing of Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
					 the notice of final action complies with the provisions of Section
					 11430, the Executive Director
					 shall file the notice and date stamp it.
(b) If the Executive Director determines that
					 he or she cannot file the notice because it does not comply with Section
					 11430, the Executive Director
					 shall return the notice to the local government within five (5) working days of
					 its receipt with a letter that indicates the defects that prevent the notice
					 from being filed.
1.
						Renumbering and amendment of Section
						11245 to Section
						11431 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  2952
						  and
						  29521,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 1 - Marsh Development Permits Issued by Local Governments › Article 4 - Commission Review of Marsh Development Authorization › Section 11432 - Notice to Public by Executive Director

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall notify the Commission and
						all interested persons who have requested such notification in writing the
						issuance of local marsh development authorizations in a manner reasonably
						calculated to allow time for review of the authorization and the filing of an
						appeal. Commission notification shall ordinarily consist of adding information
						about the issuance of a local marsh development authorization to the
						administrative listing prepared pursuant to Section
						10620.
1.
						Renumbering and amendment of Section
						11246 to Section
						11432 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502
						  and
						  29521,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations › Article 1 - Filing Appeals › Section 11440 - Appealing the Issuance of a Local Government Marsh Development Authorization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The appeal
					 shall be submitted on a form approved by the Commission as Appendix L to these
					 regulations or by letter containing substantially the same information that the
					 form requires.
(b) The Executive
					 Director shall file an appeal only if:
(1) the
					 completed form(s) or letter(s) contain all the information required on the
					 Commission-approved form, and
(2)
					 the Commission has received the letter or form or, in the case of two letters
					 or forms, the last letter or form on or before the twentieth (20th) working day
					 after receipt of the notice of final local action.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations › Article 1 - Filing Appeals › Section 11441 - Effect of Appeal to the Commission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon filing an appeal, the Executive Director shall
						notify the recipient of the authorization and the affected local government
						that the appeal has stayed the operation and effect of the marsh development
						authorization pending final action on the appeal by the
						Commission.
1.
						Renumbering and amendment of Section
						11256 to Section
						11441 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502
						  and
						  29522,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations › Article 1 - Filing Appeals › Section 11442 - Duties of Affected Local Government on Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within five (5) working days of receipt of a notice of
						appeal from the Commission, the affected local government shall deliver to the
						Executive Director all documents and materials relating to the development and
						the local government action on the authorization application. Such materials
						shall include, but are not limited to, the application for the authorization,
						all environmental documents, staff reports, resolutions of approval, conditions
						attached to the approval, and, if available, the minutes of the meeting(s) at
						which the matter was considered. The local government may, at its discretion,
						provide authenticated copies in lieu of the original file
						materials.
1.
						Renumbering and amendment of Section
						11256 to Section
						11442 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502
						  and
						  29522,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations › Article 2 - Appeal Procedures › Section 11450 - Determination to Consider Appeal

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Prior to hearing an appeal, the
					 Commission shall determine whether the appeal does not raise any substantial
					 issue regarding the development's conformity with the provisions of California
					 Public Resources Code Sections
					 29000
					 through
					 29612
					 and the policies of the Suisun Marsh Protection Plan and the Bay Plan if no
					 certified local protection program exists or, if a certified local protection
					 program exists, with the provisions of the certified local protection
					 program.
(b) The Commission shall
					 determine whether the appeal does not raise any substantial issue only after
					 the staff has presented a recommendation on the substantial issue question.
					 Such recommendation shall ordinarily be made by oral report.
(c) Unless the Commission determines by a
					 majority vote of those present and voting that the appeal does not raise any
					 substantial issue, the Commission shall proceed to hear the appeal. If the
					 Commission determines that the appeal does not raise any substantial issue, it
					 shall dismiss the appeal.
1.
						Renumbering and amendment of Section
						11265 to Section
						11450 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502,
						  29522
						  and
						  29523,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations › Article 2 - Appeal Procedures › Section 11451 - Public Hearing Procedures

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall determine the appeal by conducting a
						de novo consideration of the application in accordance with the procedures set
						forth in Sections
						10380 through
						10540.
1.
						Renumbering and amendment of Section
						11266 to Section
						11451 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Sections
						  29502
						  and
						  29524,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 14 - Marsh Development Permits Issued by Local Governments and Appeals Therefrom › Subchapter 2 - Appeals to the Commission of Local Marsh Development Authorizations › Article 2 - Appeal Procedures › Section 11452 - Notification of Commission Action to Local Government

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission shall notify the local government, the
						applicant, and the appealing party(ies) in writing of the action taken by the
						Commission. The notification should be transmitted within ten (10) working days
						of the final action.
1.
						Renumbering and amendment of Section
						11267 to Section
						11452 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 86, No.
						39.
Note: Authority cited: Sections
						  29201(e)
						  and
						  29521,
						  Public Resources Code. Reference: Section
						  29524,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 1 - Environmental Determinations of Exemption › Section 11500 - Statutory Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Commission is acting as the lead agency:
(a) Prior to filing an application for a
					 Commission permit or to preparing the staff planning report on a planning
					 matter, the Executive Director shall determine if the proposed activity is
					 statutorily exempt under California Public Resources Code Section
					 21080(b)
					 from the necessity of preparing any environmental documentation.
(b) If the Executive Director determines that
					 the proposed activity is statutorily exempt, he or she shall place a written
					 statement of that determination and the basis for it in the appropriate file
					 and shall include the fact of that determination and the basis for it in the
					 application summary, in the staff planning report, or in the notice of hearing
					 on the planning study if one is scheduled.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  21080(b),
						  21080.5
						  and
						  21166,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 1 - Environmental Determinations of Exemption › Section 11501 - Categorical Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When the Commission is the lead agency and the Executive
						Director has determined that the proposed activity is not statutorily exempt
						under California Public Resources Code Section
						21080(b):
(a) Prior to filing an application for a
					 Commission permit or to preparing the staff planning report on a planning
					 matter, the Executive Director shall determine if the proposed activity is
					 categorically exempt under California Public Resources Code Section
					 21084
					 and
					 14
					 California Code of Regulations Sections
					 15300 through
					 15333 from the necessity of
					 preparing any environmental documentation.
(b) Projects for which the Commission issues
					 administrative permits pursuant to Section
					 10601(a)(1), (3), (4), (5), (6), (7) or
					 (8), or Sections
					 10601(b), (c), (d)(1), (d)(2) or
					 (f) are usually categorically exempt under
					 subdivision (a) of this section, provided that such projects will not be
					 considered categorically exempt when they either (1) may have an adverse impact
					 on an environmental resource or involve a hazard of critical concern or (2) may
					 have a cumulatively adverse impact when considered with successively similar
					 projects.
(c) If the Executive
					 Director determines that the proposed activity is categorically exempt, he or
					 she shall place a written statement of that determination and the basis for it
					 in the appropriate file and shall include the fact of that determination and
					 the basis for it in the application summary, in the staff planning report, or
					 in the notice of hearing for the planning study, if one has been
					 scheduled.
1.
						Renumbering and amendment of Section
						10910 to Section
						11501 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
2. Amendment of subsections (a) and (b) filed 7-31-96; operative
						8-30-96 (Register 96, No. 31).
3. Change without regulatory effect
						amending subsections (a)-(b) and NOTE filed 12-31-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
						pursuant to Executive Order N-40-20.)
4. Amendment of subsection (c)
						filed 6-2-2022; operative 10-1-2022 (Register 2022, No.
						22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  21000,
						  21080.5,
						  21084
						  and
						  21166,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 2 - Initial Environmental Information and Determination if Environmental Assessment Required › Section 11510 - Executive Director to Prepare Environmental Assessment Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the
					 Commission is the lead agency and the Executive Director determines that
					 proposed activity is neither statutorily exempt nor categorically exempt, the
					 Executive Director shall decide what information will be necessary to evaluate
					 the possible environmental impacts of the proposed activity and to prepare an
					 environmental assessment if necessary, the level of expertise required to
					 prepare the assessment and to what extent the staff may need the assistance of
					 a consultant either to prepare the entire assessment or to provide specific or
					 technical reports to prepare or to help prepare part of the
					 assessment.
(b) The proponent shall
					 provide such information as requested by the Executive Director in time to
					 allow the Commission staff to determine if the proposed activity may have a
					 significant adverse environmental impact and, if the staff so decides, to
					 prepare an environmental assessment before the Commission staff files the
					 permit application, publishes the staff planning report, or publishes a notice
					 for the other planning activity.
1.
						Renumbering and amendment of Section
						10930 to Section
						11510 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
2. Amendment of section heading and subsection (b) filed
						6-2-2022; operative 10-1-2022 (Register 2022, No.
						22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 2 - Initial Environmental Information and Determination if Environmental Assessment Required › Section 11511 - Determination of Significant Adverse Environmental Impacts and Preparation of an Environmental Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Commission is lead agency and
					 the Executive Director has determined that a proposed activity is not
					 statutorily exempt and is not categorically exempt, he or she shall next
					 determine if the proposed activity may have any individually or cumulatively
					 substantial adverse impact on the physical environment.
(b) If the Commission is the lead agency and
					 the Executive Director determines that a proposed activity is not statutorily
					 or categorically exempt but will not have any significant adverse impact on the
					 physical environment either individually or cumulatively, he or she shall place
					 a written statement of that determination and the basis for it in the
					 appropriate file and shall include the fact of that determination and the basis
					 for it in the application summary, in the staff planning report, or in the
					 notice of hearing for the planning study, if one has been scheduled.
(c) If the Commission is the lead agency and
					 the Executive Director determines that the proposed activity is not statutorily
					 exempt, is not categorically exempt, and may have a significant adverse impact
					 on the physical environment either individually or cumulatively, the Commission
					 shall prepare an environmental assessment that complies with Section
					 11521 and shall include the
					 assessment in the application summary, the staff planning report, or combined
					 staff planning report and recommendation.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
						Amendment of subsection (b) and Note filed 6-2-2022; operative 10-1-2022
						(Register 2022, No. 22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Sections
						  21082
						  and
						  29201(e),
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 2 - Initial Environmental Information and Determination if Environmental Assessment Required › Section 11512 - Notification of Applicant or Proponent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Executive Director shall promptly notify the
						applicant for a Commission permit and the proponent of any planning study or
						plan amendment if the Executive Director determines that an environmental
						assessment must be prepared.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 3 - Preparation of an Environmental Assessment › Section 11520 - Use of a Federal Environmental Assessment or Environmental Impact Statement as an Environmental Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When a federal environmental assessment
					 or environmental impact statement or its equivalent has been or will be
					 prepared in time for the Commission to use it as an environmental assessment,
					 the Commission may use it as an environmental assessment if it contains all the
					 information needed in an assessment or if the Commission can supplement it so
					 it will contain all the information needed in an assessment.
(b) If the Commission uses a federal
					 environmental assessment or environmental impact statement or its equivalent as
					 its environmental assessment, it should add or supplement a discussion of
					 mitigation, growth- inducing impact, and energy conservation if the
					 environmental assessment or environmental impact statement does not include an
					 adequate discussion of these elements.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
						Change without regulatory effect amending section heading, section and NOTE
						filed 12-31-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
						pursuant to Executive Order N-40-20.)
3. Amendment of NOTE filed
						6-2-2022; operative 10-1-2022 (Register 2022, No. 22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Sections
						  21082
						  and
						  29201(e),
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 3 - Preparation of an Environmental Assessment › Section 11521 - Contents of an Environmental Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An assessment of the substantial adverse impacts of a
						proposed activity shall contain a summary of the following:
(a) A brief description of the proposed
					 activity;
(b) all substantial,
					 adverse environmental impacts that the proposed activity may cause;
(c) all irreversible environmental impacts
					 that the proposed activity may cause;
(d) any feasible mitigation measures that
					 would reduce such substantial adverse environmental impacts;
(e) any feasible alternatives, including
					 design alternatives, to the proposed project that would reduce such substantial
					 adverse environmental impacts; and
(f) such other information that the Executive
					 Director believes appropriate.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No. 30).
2.
						Amendment of NOTE filed 6-2-2022; operative 10-1-2022 (Register 2022, No.
						22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Sections
						  21082
						  and
						  29201(e),
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 3 - Preparation of an Environmental Assessment › Section 11522 - Consultation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon completion
					 of an environmental assessment, the Commission shall consult with other public
					 agencies having jurisdiction by law with respect to the proposed activity or
					 which exercise authority over resources that may be affected by the proposed
					 activity.
(b) Upon completion of an
					 environmental assessment prepared in connection with a permit application, the
					 Commission shall consult with such public agencies by distributing a copy of
					 the environmental assessment with the application summary, distributed in
					 accordance with subsection
					 10381(b) of these
					 regulations, to all agencies listed in section
					 10360, all affected cities or
					 counties, and any other responsible agencies identified by the Executive
					 Director.
(c) Upon completion of an
					 environmental assessment prepared in connection with a plan, plan amendment, or
					 planning study, the Commission shall consult with such public agencies by
					 distributing a staff planning report including the environmental assessment in
					 accordance with subsection
					 11003(a) of these
					 regulations.
1. New
						section filed 6-2-2022; operative 10-1-2022 (Register 2022, No.
						22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Sections
						  21082
						  and
						  29201(e),
						  Public Resources Code. Reference: Sections
						  21080.5
						  and
						  21104,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 3 - Preparation of an Environmental Assessment › Section 11523 - Notice of Availability of Environmental Assessment; Public Comments; Response to Comments

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 Upon completion of an environmental assessment prepared in connection with a
					 permit application:
(1) The Executive
					 Director shall post on the Commission's website a notice of availability of the
					 environmental assessment and shall provide a copy of such notice by first class
					 mail or email to any persons who have previously requested such notices in
					 writing. The notice shall disclose:
(i) a
					 brief description of the proposed activity that is the subject of the permit
					 application and its location;
(ii)
					 the starting and ending dates of the review period, which shall be for a period
					 of not less than 30 days, during which the Commission will receive comments on
					 the environmental assessment; and
(iii) the date, time, and location of any
					 public hearing to be held by the Commission or Executive Director on the
					 environmental assessment and on the permit application if scheduled at the time
					 of the notice. Any public hearing on the environmental assessment shall be held
					 on or before the last day of the review period.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 3 - Preparation of an Environmental Assessment › Section 11524 - Consideration of Environmental Assessment; Final Environmental Assessment; Commission Findings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 When the Commission is the lead agency, prior to acting on a permit
					 application, plan, plan amendment, or planning study, the Commission shall
					 consider the materials generated pursuant to section
					 11520, if applicable, section
					 11521, and subsections
					 11523(a)(2) or
					 11523(b)(2), as
					 applicable. The Commission shall approve the environmental assessment prior to
					 or at the same time as it acts on the permit application, plan, plan amendment,
					 or planning study. Upon adoption of the resolution approving the permit
					 application, plan, plan amendment, or planning study, the environmental
					 assessment shall become final.
(b)
					 The final environmental assessment shall include:
(1) The materials described in section
					 11520, if applicable, and section
					 11521;
(2) Comments on the environmental assessment
					 and the written responses to comments prepared pursuant to subsections
					 11523(a)(2) or
					 11523(b)(2), as
					 applicable;
(3) The Commission
					 resolution approving the permit application, plan, plan amendment, or planning
					 study;
(4) Any other documentation
					 as the Commission may prescribe.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 3 - Preparation of an Environmental Assessment › Section 11525 - Notice of Decision

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
					 The Executive Director shall file with the Secretary of the Resources Agency
					 notice of the issuance of a permit for which the Commission has prepared an
					 environmental assessment and acted as lead agency, in accordance with section
					 10524 of these
					 regulations.
(b) The Executive
					 Director shall file with the Secretary of the Resources Agency notice of the
					 adoption of a plan or plan amendment for which the Commission has prepared an
					 environmental assessment and acted as lead agency in accordance with subsection
					 11007(a) of these
					 regulations.
1. New
						section filed 6-2-2022; operative 10-1-2022 (Register 2022, No.
						22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  21080.5,
						  29202
						  and
						  29520(a),
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 4 - Use of Consultants › Section 11530 - Notification of Applicant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Whenever the Executive Director determines that a
						consultant will be needed to prepare an environmental assessment or to provide
						information to be used in an assessment, the Executive Director shall promptly
						notify the potential applicant for a permit that a consultant will be needed
						and that the applicant must bear the cost of the consultant.
1. New
						section filed 5-18-87; operative 6-17-87 (Register 87, No.
						30).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632(a),
						  Government Code; and Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 4 - Use of Consultants › Section 11531 - Selection and Retention of a Consultant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In order to select a consultant to
					 prepare or to help prepare an environmental assessment, the Executive Director
					 shall:
(1) select three (3) consultants known
					 to have the necessary expertise and obtain from each consultant an estimate of
					 the fees and costs that would be charged for the preparation of the
					 assessment;
(2) after consulting
					 with the applicant, and based on the estimates and previously submitted
					 information about the consultant, choose a consultant to prepare the
					 assessment; and
(3) notify the
					 applicant of the consultant selected and the amount of the estimated fees and
					 costs.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 4 - Use of Consultants › Section 11532 - Consultant Fees or Costs in Excess of Estimates

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Commission will not be responsible under any
						circumstances for consultant fees or costs that exceed the fees and costs
						estimated by the selected consultant.
1.
						Renumbering and amendment of Section
						10942 to Section
						11532 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
2. Change without regulatory effect amending NOTE filed
						12-31-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
						pursuant to Executive Order N-40-20.)
3. Amendment of section
						heading and section filed 6-2-2022; operative 10-1-2022 (Register 2022, No.
						22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  21080.5,
						  21082.1
						  and
						  21089,
						  Public Resources Code; and Section
						  66632(a),
						  Government Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 4 - Use of Consultants › Section 11533 - Relationship of Commission and Consultant

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before using an environmental assessment prepared by a
						consultant, the Commission shall subject the environmental assessment to the
						agency's own review and analysis. The Commission through the Executive Director
						shall have final responsibility for the contents of any environmental
						assessment that is prepared with the assistance of a consultant. The Executive
						Director may modify, delete, or change any portion of any material prepared by
						a consultant, and every contract for consultant assistance into which the
						Commission enters shall include a provision to this effect.
1.
						Renumbering and amendment of Section
						10943 to Section
						11533 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
2. Change without regulatory effect amending NOTE filed
						12-31-2020 pursuant to section
						100, title 1, California Code of
						Regulations (Register 2021, No. 1). (OAL review extended 60 calendar days
						pursuant to Executive Order N-40-20.)
3. Amendment filed 6-2-2022;
						operative 10-1-2022 (Register 2022, No. 22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Sections
						  21080.5
						  and
						  21082.1,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 4 - Use of Consultants › Section 11534 - Use and Ownership of Consultant-Prepared Material

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All studies, data, reports, and other material developed
						by a consultant shall be made available to the Commission for inspection,
						review, and copying for any purpose if the Executive Director so requests, and
						all such studies, data, reports, and other material shall be turned over to the
						Commission and become the property of the State of California when the
						consultant fulfills his or her responsibilities and the Commission makes final
						payment. The Commission shall have the right to publish, use, or change the
						material. Every contract for consultant assistance into which the Commission
						enters shall include as provision to this effect.
1.
						Renumbering and amendment of Section
						10950 to Section
						11540 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  21080.5,
						  Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 5 - Environmental Fees › Section 11540 - Commission Fees to Prepare an Environmental Assessment

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When the Commission is the lead agency
					 and the Executive Director determines that an environmental assessment must be
					 prepared, an applicant for a permit, plan, or plan amendment shall be
					 responsible for paying, in addition to any consultant fees and costs, the
					 Commission's full costs of preparing, processing, and distributing the
					 environmental assessment.
(b) After
					 the Executive Director determines that an environmental assessment must be
					 prepared, the Commission shall submit to the applicant a monthly bill for the
					 actual costs, including overhead, incurred by the Commission and Commission
					 staff during the preceding month for preparation of the environmental
					 assessment.
(c) The applicant shall
					 pay the bill submitted pursuant to subsection
					 11540(b) within
					 30 days of receipt of the bill. Failure to make full payment on any such bill
					 within 30 days of its receipt shall allow the Commission and the staff to
					 discontinue work on the environmental assessment until complete payment has
					 been made.
(d) The Commission shall
					 bill the applicant for all unpaid costs actually incurred in preparing,
					 processing, or distributing the environmental assessment within 30 days after
					 either:
(1) the Commission and staff complete
					 all work on, including Commission consideration of, the application;
(2) the applicant formally withdraws the
					 pending application, or
(3) the
					 applicant abandons the application.
California Code of Regulations › Title 14 - Natural Resources › Division 5 - San Francisco Bay Conservation and Development Commission › Chapter 15 - Implementation of the California Environmental Quality Act › Subchapter 1 - When the Commission is the Lead Agency › Article 5 - Environmental Fees › Section 11541 - Preparation Fee. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1.
						Renumbering and amendment of Section
						10951 to Section
						11541 filed 5-18-87; operative
						6-17-87 (Register 87, No. 30). For prior history, see Register 79, No.
						29.
2. Repealer filed 6-2-2022; operative 10-1-2022 (Register 2022,
						No. 22).
Note: Authority cited: Section
						  66632(f),
						  Government Code; and Section
						  29201(e),
						  Public Resources Code. Reference: Section
						  66632(a),
						  Government Code; and Section
						  29520(b),
						  Public Resources Code.