Section 1877 - Contents of Opt-in Application(a) The opt-in application shall contain all the information specified by Appendix B of this chapter and meet the general requirements set forth in section of title 201704(a) of title 20. For categories of information contained in Appendix B not relevant to the project, the application shall include a discussion explaining why a category does not apply. If the applicant is seeking incidental take authorization as described in California Fish and Game Code section 2081(b), the application shall include the information required in California Code of Regulations, title 14, section 783.2(a)(1)-(a)(10). If the applicant is seeking lake and streambed alteration authorization under Fish and Game Code section 1602, the application shall include the information required in California Fish and Game Code section 1602(a)(1)(A)-(F).(b) The opt-in application shall contain an explanation of how the facility meets one or more of the definitions of "facility" in Public Resources Code section 25545(b). If the opt-in application is seeking certification for a discretionary project pursuant to Public Resources Code section 25545(b)(4), the application shall contain a detailed description of how the facility meets the criteria specified in section 25545(b)(4) including, as applicable, what the facility would manufacture, produce, or assemble, and how the facility's products or services would be used in the manufacture, production, or assembly of (1) energy storage systems or component manufacturing, (2) wind systems or component manufacturing, (3) solar photovoltaic energy systems or component manufacturing, or (4) specialized products, components, or systems that are integral to renewable energy or energy storage technologies.(c) The opt-in application shall contain all certifications required by Public Resources Code sections 25545.3.3 and 25545.3.5. The executive director may request, and the applicant shall provide, documentation verifying any certification in the opt-in application. Unless confidential information is requested by the executive director, all supporting documentation shall be filed as a public record.(d) The opt-in application shall identify and discuss whether the applicant has submitted any local, state, or federal permit applications. For any required permit that has not yet been submitted to the relevant state agency, the opt-in application shall include a plan for submitting the application and any discussions that have occurred with the relevant state agency with authority over the project.(e) The opt-in application shall identify whether the project is on a prohibited site as identified in Public Resources Code section 25527 or on a site designated by the California Coastal Commission under Public Resources Code section 30413(b) or on a site designated by the San Francisco Bay Conservation and Development Commission under Government Code section 66645(b). For projects on such a site, the opt-in application shall include documentation of the approval of the public agency having ownership or control of the land.(f) The opt-in application shall contain preliminary information demonstrating overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility, consistent with Public Resources Code section 25545.9. Staff shall provide the submitted information to the local government for review and comment.(g) The opt-in application shall include the applicant's plan or strategy, including a timeline for execution, to obtain legally binding and enforceable agreement(s) with, or that benefit, a coalition of one or more community-based organizations prior to project certification, consistent with Public Resources Code section 25545.10.(h) The opt-in application shall include a discussion of whether the project meets the requirements of Public Resources Code sections 21183 and 21183.6.Cal. Code Regs. Tit. 20, § 1877
1. New section filed 10-24-2022 as an emergency; operative 10-24-2022 (Register 2022, No. 43). This action is a deemed emergency and shall remain in effect until amended by the Commission pursuant to Public Resources Code section 25545.12. Note: Authority cited: Sections 25213, 25218 and 25545.12, Public Resources Code. Reference: Sections 25527, 25545, 25545.1, 25545.2, 25545.3.3, 25545.3.5, 25545.7, 25545.9, 25545.10 and 25545.13, Public Resources Code.
1. New section filed 10-24-2022 as an emergency; operative 10/24/2022 (Register 2022, No. 43). This action is a deemed emergency and shall remain in effect until amended by the Commission pursuant to Public Resources Code section 25545.12.