Section 1201 - DefinitionsThe following definitions shall apply unless otherwise indicated:
(a) "Acceptance" means a determination by the commission, pursuant to Public Resources Code, sections 25516.6, 25522, or 25540.1, that a notice of intention or application for certification is complete.(b) "Adjudicative Proceeding" means an evidentiary process for determination of facts pursuant to which the commission makes findings and issues a decision.(c) "Areas of critical concern" means special or unique habitats or biological communities that need protection from potential adverse effects resulting from project development and which may be identified by local, state, or federal agencies with resource responsibility within the project area, or by educational institutions, museums, biological societies, or special interest groups with specific knowledge of resources within the project area. This category includes, but is not limited to, wildlife refuges, wetlands, thermal springs, endangered species habitats, and areas recognized by the California Natural Area Coordinating Council and the Governor's Office of Planning and Research.(d) "CEQA" means the California Environmental Quality Act of 1970 commencing with Section 21000 of the Public Resources Code.(e) "Comment" means any oral or written statement made by any person, not under oath, in any proceeding before the commission.(f) "Docket Unit" means the office of the commission that receives, distributes, serves and stores all filed documents.(g) "Environmental documents" means draft environmental impact reports (draft EIR), final environmental impact reports (final EIR), initial studies, negative declarations, notices of preparation, notices of determination, notices of exemption and statements of findings and overriding considerations, and the documentation prepared by the commission or its staff for a certified regulatory program in compliance with Section 21080.5 of the Public Resources Code.(h) "Feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, legal, social, and technological factors.(i) "Hearing officer" means any person designated pursuant to Section 1205 of these regulations to assist the presiding member in conducting a proceeding.(j) "Intervenor" means any person who has been granted leave to intervene in an adjudicative proceeding, pursuant to these regulations.(k) "Local agency" means any local or regional governmental authority within the state, including but not limited to, any city, county, air pollution control or air quality management district.(l) "MCE" means Maximum Credible Earthquake as defined by the United States Geological Survey.(m) "MPE" means Maximum Probable Earthquake as defined by the United States Geological Survey.(n) "Party", applicable only in adjudicative proceedings, means any applicant, respondent, or intervenor, and depending on its role in the proceeding, the staff of the commission.(o) "Performance criteria" means performance goals for which the applicant proposes to design the facilities.(p) "Presiding member" means the chair of the commission or any member of the commission designated to preside over any proceeding.(q) "Related facility" means a thermal powerplant, electric transmission line, or any equipment, structure, or accessory dedicated to and essential to the operation of the thermal powerplant or electric transmission line. These facilities include, but are not limited to, transmission and fuel lines up to the first point of interconnection, water intake and discharge structures and equipment, access roads, storage sites, switchyards, and waste disposal sites. Exploratory, development, and production wells, resource conveyance lines, and other related equipment used in conjunction with a geothermal exploratory project or geothermal field development project, and, absent unusual and compelling circumstances, the thermal host of a cogeneration facility, are not related facilities.(r) "Respondent" means any person named in a complaint, pursuant to Section 1233 of these regulations, and alleged to be in violation of any regulation, order, decision, or statute adopted, administered, or enforced by the commission.(s) "Service list" means a list, created for each adjudicative proceeding, that includes all parties, all interested agencies, the presiding member, associate member, the hearing officer, the relevant staff of the commission (if not already a party) and other persons as deemed necessary by the presiding member.(t) "Species of special concern" means candidate rare, threatened, or endangered species that may need protection from potential adverse effects resulting from project development and which may be identified by local, state, or federal agencies with resource responsibility within the project area or by educational institutions, museums, biological societies, and special interest groups with specific knowledge of resources within the project area. In addition to species designated pursuant to state or federal law, this category includes, but is not limited to, those rare and endangered plant species recognized by the Smithsonian Institution or the California Native Plant Society.(u) "Staff" means the staff of the commission.(v) "Testimony" means any oral or written statement made under oath in any proceeding before the commission.(w) "Witness" means any person who offers testimony in any proceeding before the commission.Cal. Code Regs. Tit. 20, § 1201
1. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Amendment of subsection (h) filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 13).
3. Amendment of section and NOTE filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Repealer of subsection (c), subsection relettering and amendment of NOTE filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49). Note: Authority cited: Sections 25213, 25218(e) and 25541.5, Public Resources Code. Reference: Sections 21061.1, 25214, 25502, 25519, 25540, 25540.1, 25540.2 and 25541.5, Public Resources Code.
1. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Amendment of subsection (h) filed 3-28-2007; operative 3-28-2007 pursuant to Government Code section 11343.4(Register 2007, No. 13).
3. Amendment of section and Note filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Repealer of subsection (c), subsection relettering and amendment of Note filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).