§ 1745.5. Presiding Member's Proposed Decision; Comment Period; Basis; Contents.
20 CA ADC § 1745.5Barclays Official California Code of Regulations
20 CCR § 1745.5
§ 1745.5. Presiding Member's Proposed Decision; Comment Period; Basis; Contents.
(i) if the commission finds that there is noncompliance with a state, local, or regional ordinance or regulation, a description of all staff communications with the agencies responsible for enforcing the laws, ordinances, regulations and standards for which there is noncompliance, in an attempt to correct or eliminate the noncompliance;
(ii) if the noncompliance with a state, local, or regional ordinance or regulation cannot be corrected or eliminated, the proposed decision shall discuss whether the proposed project is required for public convenience and necessity and whether there are more prudent and feasible means of achieving such public convenience and necessity. In making the determination, the commission shall consider the entire record of the proceeding, including, but not limited to, the impacts of the facility on the environment, consumer benefits, and electric system reliability; and
(iii) if the noncompliance with a state, local, or regional ordinance or regulation cannot be corrected or eliminated, the proposed decision shall satisfy the commission's obligation to inform the state, local, or regional governmental agency if it makes the findings required by Public Resources Code section 25525;
(C) to the extent not already covered under subdivisions (1) or (2), and for applications for certification, as defined in Public Resources Code section 25102, concerning sites in the Coastal Zones, as defined in Public Resources Code section 30103, or the Suisun Marsh, as defined in Public Resources Code section 29101, a discussion of the issues raised by the California Coastal Commission, if any, pursuant to section 30413(e) of the California Public Resources Code; or issues raised by the San Francisco Bay Conservation and Development Commission, if any, pursuant to section 66630 of the Government Code;
(i) a discussion of provisions to meet the objectives of the California Coastal Act, as may be specified in the applicable report submitted by the California Coastal Commission under section 30413(d); or to meet the requirements of objectives of the Bay Conservation and Development Act, as may be specified in the applicable report submitted by the San Francisco Bay Conservation and Development Commission under section 66645 of the Government Code;
(4) for new sites proposed for location in the coastal zone or any other area with recreational, scenic, or historic value, proposed conditions relating to land that should be acquired, established, and maintained by the applicant for public use and access consistent with Public Resources Code section 25529;
(5) for new sites proposed along the coast or shoreline of any major body of water, proposed conditions on the extent to which the proposed facilities should be set back from the coast or shoreline to permit reasonable public use and to protect scenic and aesthetic values consistent with Public Resources Code section 25529;
Credits
Note: Authority cited: Sections 25218(e) and 25541.5, Public Resources Code. Reference: Sections 25519(c), 25522, 25523 and 25525-25529, Public Resources Code.
History
1. Renumbering of former section 1749 to new section 1745.5, including amendment of section heading, section and Note, filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
2. Amendment of section heading and section filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
This database is current through 3/22/24 Register 2024, No. 12.
Cal. Admin. Code tit. 20, § 1745.5, 20 CA ADC § 1745.5
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