§ 25794.5
402 words·~2 min read·
/ca/public-resources-code/25794-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Upon an application being deemed complete, the commission shall do all of the following:
(1)Comply with subdivisions
(d)to (g), inclusive, of, and subdivision
(k)of, Section 25519.
(2)Notwithstanding subdivision
(f)of Section 25519, local agencies may review an application submitted by the commission under paragraph
(1)and may submit comments on, among other things, the design of the facility, architectural and aesthetic features of the facility, access to highways, landscaping and grading, public use of lands in the area of the facility, proximity to sensitive receptors and other incompatible land uses, and other appropriate aspects of the design, construction, or operation of the proposed site and related facility.
(b)Provide the application to all California Native American tribes that are culturally and traditionally associated with the geographic area of the site and initiate consultation with those tribes in a manner consistent with Sections 21080.3.1 and 21080.3.2.
(1)If the commission does not receive a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission, within 60 days after the application has been deemed complete, shall complete a preliminary analysis for the facility’s potential impacts to environment and public health and safety and the facility’s compliance with applicable laws, ordinances, regulations, and standards that would have applied in absence of the commission’s exclusive jurisdiction under subdivision
(b)of Section 25794.1.
(2)If the commission receives a California Native American tribe’s request for consultation pursuant to subdivision (b), the commission shall complete a preliminary analysis within 30 days after the commission concludes the consultation process with the California Native American tribe pursuant to subdivision (b).
(d)Consult with local jurisdictions and state agencies in conducting the analysis to resolve any potential noncompliance with applicable laws, ordinances, regulations, and standards.
(e)Propose conditions and verification and monitoring requirements for certification to mitigate any potential impacts to the maximum extent feasible.
(f)Require the department to fully mitigate all air emissions in the surrounding community. The department may use the Climate Heat Impact Response Program (CHIRP) administered by the state board for compliance with this subdivision.
(g)Publish the preliminary analysis for a minimum of 30 days before a 30-day public and agency comment period.
(h)Prepare a final analysis responding to public and agency comments and making any changes at least 10 days before the commission considers whether to approve certification of the site and related facility.