Section 1879 - Staff Assessment and Executive Director's Recommendation(a) Within 150 days from the date the application is deemed complete, or as soon thereafter as is practicable, staff shall file a Staff Assessment of the opt-in application that consists of a draft environmental impact report following the requirements of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regs., tit. 14, div. 6, ch. 3) and includes consideration on whether the project satisfies the conditions in Chapter 6.5 (commencing with Section 21178) of Division 13, including Sections 21183 and 21183.6, of the Public Resources Code, and a separate section addressing the following: (1) The extent to which the applicant has complied with the recommended minimum standards of efficiency adopted under Public Resources Code section 25402(d).(2) The conformity of the facility with public safety standards and the applicable air and water quality standards, and with other applicable local, regional, state, and federal standards, ordinances, or laws and a statement of efforts made to correct or eliminate any noncompliance.(3) The potential for restoring the site as necessary to protect the environment if the commission denies approval of the application.(4) The public benefits from the project including, but not limited to, economic benefits, environmental benefits, and electricity reliability benefits.(5) An identification of public agencies that received notice of the opt-in application.(6) An identification of whether the site is located at a prohibited area as identified in Public Resources Code sections 25526 and 25527 and any proposed findings relevant to that location.(7) The overall net positive economic benefit to the local government that would have had permitting authority over the site and related facility. Economic benefits may include, but are not limited to, employment growth, housing development, infrastructure and environmental improvements, assistance to public schools and education, assistance to public safety agencies and departments, property taxes, and sales and use tax revenues.(8) Any legally binding and enforceable agreements by the applicant with, or that benefit, a coalition of one or more community-based organizations, such as workforce development and training organizations, labor unions, social justice advocates, local governmental entities, California Native American tribes, or other organizations that represent community interests, where there is mutual benefit to the parties to the agreement.(b) After conclusion of at least a 60-day public comment period on the Staff Assessment of the opt-in application, including the draft environmental impact report, staff shall publish an updated Staff Assessment of the opt-in application that consists of a final environmental impact report following the requirements of the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) and the CEQA Guidelines (Cal. Code of Regs, tit. 14, div. 6, ch. 3), and any updates or changes to the sections of the Staff Assessment addressing section 1879, subdivisions (a)(1)-(a)(8). The updated Staff Assessment, including the final environmental impact report, shall be filed no sooner than 30 days before the commission's consideration at a public meeting.(c) Concurrent with the publication of the updated Staff Assessment the executive director shall file a recommendation on whether the commission shall certify the environmental impact report and issue a certificate for construction and operation of the facility.Cal. Code Regs. Tit. 20, § 1879
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 25526, 25545.1, 25545.6, 25545.8, 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.