§ 5750.6. Final Designation.
10 CA ADC § 5750.6Barclays Official California Code of Regulations
10 CCR § 5750.6
§ 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.
(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.
(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.
(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.
Credits
Note: Authority cited: Sections 7107 and 7114, Government Code. Reference: Sections 7113 and 7113.5, Government Code.
History
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).
This database is current through 4/26/24 Register 2024, No. 17.
Cal. Admin. Code tit. 10, § 5750.6, 10 CA ADC § 5750.6
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