Cal. Code Regs. tit. 20 § 1863

Current through Register 2024 Notice Reg. No. 44, November 1, 2024

Section 1863 - Equivalent Certification Program Requirements

No county program shall be designated as an equivalent certification program unless it contains provisions for all of the following:

(a) Certification of geothermal areas as multiple facility sites, if so applied for;

(b) Distribution of all applications to the commission and to each federal, state, and local agency having jurisdiction or special interest in matters pertinent to the proposed site and related facilities, as well as provisions for receipt of and response to the comments and recommendations of each such agency;

(c) Notification and invitation of tribal governments to participate in consultation with county staff consistent with Public Resources Code section 21080.3.1 and Section 1714(d) of these regulations;

(d) Preparation and distribution of a written decision on each power plant application. Such written decision shall contain each of the findings and conclusions required by Section 1745.5 of these regulations, and shall be based on the formal record of the proceeding;

(e) Public hearing procedures consistent with Article 6 (commencing with section 65350) of Chapter 3 of Division 1 of Title 7 of the Government Code;

(f) Timely and orderly amendment of the program to reflect changes in law or commission certification requirements;

(g) Administration of and decision upon geothermal power plant applications within 12 months of the filing of such applications; and

(h) Appeal procedures, including for appeals brought before the county, and for appeals to the commission pursuant to Section 1868 of these regulations on any substantive issues in the decision of the county.

Cal. Code Regs. Tit. 20, § 1863

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. Amendment of subsection (c) filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
3. New subsection (c) and repealer of subsection (d), subsection relettering and amendment of subsections (e) and (h) filed 7-13-2022; operative 7-13-2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 28).

Note: Authority cited: Section 25218(e), Public Resources Code. Reference: Section 25540.5, Public Resources Code.

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. Amendment of subsection (c) filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
3. New subsection (c) and repealer of subsection (d), subsection relettering and amendment of subsections (e) and (h) filed 7-13-2022; operative 7/13/2022 pursuant to Government Code section 11343.4(b)(3) (Register 2022, No. 30).