Section 5750.6 - Final Designation(a) If there is no application within a region which achieves at least sixty percent of the total possible number of points, excluding points awarded for a hazardous waste management facility, then the agency shall not award a conditional designation for that region, but shall notify each applicant of the deficiencies in their application, allowing a time which shall be specified by the Agency for revision and resubmission of the application. The Agency shall also accept new applications for designation within that region up to the time set for resubmission of revised applications. The agency shall score or re-score the applications in accordance with these regulations. If after scoring the new and resubmitted applications, there are none achieving sixty percent or more of the total possible number of points, no LAMBRA shall be designated in that region.(b) If two or more applicants within a region achieve the same overall score, the tied applicant with the highest score in the "local incentives" element of the application shall be selected as the conditional designee for the region.(c) A conditional designee shall, as lead agency, prepare or cause to be prepared a draft environmental impact report pursuant to the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) and guidelines promulgated thereunder (14 C.C.R. sections 15000 et seq.) for any and all projects proposed within the application area. If the project(s) are subject to the National Environmental Policy Act (42 U.S.C. sections 4321 et seq.) the applicant shall, to the greatest extent feasible, prepare a joint environmental impact report/environmental impact statement. NOTE: See Notes following section 5750.2(d) of this chapter.
(d) Prior to final designation, a conditional designee shall submit to the Agency a final application containing a detailed description of the annual budget(s), staff and organization for administration of the application area, including: (1) The conditional designee's annual line item budget and source of funding that will be committed to the administration of the proposed LAMBRA area.(2) The annual budgets (dollars) for each agency, or organization, other than the final applicant, which has been identified as providing marketing, job development, and other aspects of the final applicant's economic development plan.(3) The name(s) of the person(s) who will act as the LAMBRA coordinator(s) and administer the LAMBRA on a full time basis.(4) An organization chart that shows all persons and organizations involved in all aspects of the proposed LAMBRA, including marketing, job development, financing and administration, together with their reporting relationship to the LAMBRA coordinator. The organization chart shall show people by name and job title.(5) A certified copy of the resolution or ordinance adopted by the conditional designee certifying the final environmental impact report and approving the project.(e) Except as provided in subdivision (f), below, if a conditional designee fails to fulfill the above conditions for final designation within a period of ninety days following notice of conditional designation, then the conditional designation shall be automatically revoked without further notice from the Agency. The agency shall then accept new and resubmitted applications for the region in the same manner as if no applicant met the minimum score requirement as in subdivision (a) of this section.(f) Where a joint environmental impact report/environmental impact statement has been prepared for the project and has not been finally approved by the United States Military Department, and the conditional designee cannot fulfill the conditions for final designation because that approval has not occurred, then the Agency may extend the period specified in subdivision (e), above, for the sole purpose of allowing the conditional designee to certify the final environmental impact report/environmental impact statement. All other conditions for final designation must be completed within the period specified in subdivision (e), above.Cal. Code Regs. Tit. 10, § 5750.6
1. New section filed 11-8-94 as an emergency pursuant to Government Code section 7114(d); operative 11-8-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 21).
3. Editorial correction of HISTORY 1 (Register 95, No. 23).
4. New section filed 6-7-95 as an emergency pursuant to Government Code section 7114(d); operative 6-7-95 (Register 95, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-4-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-7-95 order transmitted to OAL 12-12-95 and filed 1-24-96 (Register 96, No. 4).
6. Amendment of subsection (e) and new subsection (f) filed 6-3-96 as an emergency pursuant to Government Code section 7114; operative 6-3-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-2-96 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-3-96 order transmitted to OAL 10-18-96 and filed 12-4-96 (Register 96, No. 49).
8. Amendment of section and NOTE filed 5-31-2000 as an emergency; operative 5-31-2000 (Register 2000, No. 22). Pursuant to Government Code section 7114(c), a Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section and NOTE as they existed prior to 5-31-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 10). Note: Authority cited: Sections 7107 and 7114, Government Code. Reference: Sections 7113 and 7113.5, Government Code.
1. New section filed 11-8-94 as an emergency pursuant to Government Code section 7114(d); operative 11-8-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 5-7-95 or emergency language will be repealed by operation of law on the following day.
2. Repealed by operation of Government Code section 11346.1(g) (Register 95, No. 21).
3. Editorial correction of History 1 (Register 95, No. 23).
4. New section filed 6-7-95 as an emergency pursuant to Government Code section 7114(d); operative 6-7-95 (Register 95, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-4-95 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 6-7-95 order transmitted to OAL 12-12-95 and filed 1-24-96 (Register 96, No. 4).
6. Amendment of subsection (e) and new subsection (f) filed 6-3-96 as an emergency pursuant to Government Code section 7114; operative 6-3-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 12-2-96 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 6-3-96 order transmitted to OAL 10-18-96 and filed 12-4-96 (Register 96, No. 49).
8. Amendment of section and Note filed 5-31-2000 as an emergency; operative 5-31-2000 (Register 2000, No. 22). Pursuant to Government Code section 7114(c), a Certificate of Compliance must be transmitted to OAL by 11-27-2000 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section and Noteas they existed prior to 5-31-2000 emergency amendment by operation of Government Code section 11346.1(f) (Register 2003, No. 10).