Cal. Code Regs. Tit. 20, § 2028 - Removal of the Project from the Six-Month Process

(a) At any time after acceptance of the application, but no later than the final date for filing testimony, any party may petition the committee to remove the project from the provisions of this Article and thereby change the deadline for a commission decision from six months after acceptance to twelve months after acceptance. The petition shall show that there is substantial evidence in the record that the project:

(1) may result in a significant adverse unmitigated impact on the environment;

(2) may result in a significant adverse unmitigated impact on the electrical system;

(3) will not comply with an applicable standard, ordinance, or law; or

(4) has changed substantially from what was proposed in the application and requires substantial new analysis or generates substantial public controversy. The petition and other pleadings shall be filed in accordance with sections 1208 and 1208.1. The petition and other pleadings shall be served on all parties in accordance with sections 1209 and 1210.

(b) Any person, or if the petition is filed more than 100 days after acceptance of the application, any party, may comment on the petition in writing within 10 days after the petition is served.

(c) Within 20 days after filing of the petition, the committee shall determine whether there is substantial evidence in the record that the project:

(1) may result in a significant adverse unmitigated impact on the environment;

(2) may result in a significant adverse unmitigated impact on the electrical system;

(3) will not comply with an applicable standard, ordinance, or law; or

(4) has changed substantially from what was proposed in the application and requires substantial new analysis or generates substantial public controversy.

(d) If the committee's determination with respect to subsection (1), (2), or (3) is in the affirmative, the committee shall grant the petition and order that the application shall no longer be reviewed under this Article and that a final decision on the application shall be reached within 12 months of acceptance of the application in accordance with Public Resources Code section 25540.6.

(e) If the committee's determination with respect to subsection (4) is in the affirmative, the committee may, but need not, grant the petition.

(f) The committee's grant or denial shall be effective 5 days after it is filed in the Docket and served on all parties, unless it is appealed under subsection (g), in which case the ruling is stayed until the Commission rules on it.

(g) Any party may appeal the committee's ruling within 5 days after it is filed in the Docket and served on all parties. The commission shall rule on an appeal at the next earliest business meeting for which there is sufficient time for public notice of the appeal as an item on the agenda. In ruling on the appeal the commission shall use the criteria in subsection (c).

(h) The time between a committee ruling on a petition and final commission disposition of the matter shall not be counted in the calculation of any deadlines pursuant to this Article.

Notes

Cal. Code Regs. Tit. 20, § 2028

1. New section filed 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-21-2001 and filed 4-25-2001 (Register 2001, No. 17).
3. Amendment of subsection (a)(4) filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).

Note: Authority cited: Sections 25213 and 25218(e), Public Resources Code. Reference: Section 25550(c), Public Resources Code.

1. New section filed 11-27-2000 as an emergency; operative 11-27-2000 (Register 2000, No. 48). A Certificate of Compliance must be transmitted to OAL by 3-27-2001 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 11-27-2000 order transmitted to OAL 3-21-2001 and filed 4-25-2001 (Register 2001, No. 17).
3. Amendment of subsection (a)(4) filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).