Section 1709 - Filing of Notices of Intent and Applications for Certification; Data Adequacy Review and Docketing(a) Upon the filing of any notice or application for certification, all documentation shall be reviewed by the executive director or a delegatee to determine whether the notice or application for certification contains the information required under section 1704 and is therefore complete. The executive director or a delegatee shall take into consideration the timely comments of the Air Resources Board, local air pollution control districts, other agencies, and members of the public prior to the determination of whether the notice or application for certification contains the information required under section 1704 and is therefore complete.(b) No later than 30 days after the receipt of a non-geothermal notice or application and no later than 20 days after receipt of a geothermal notice or application for certification, the executive director shall file their recommendation on whether the notice or application for certification contains the information required under section 1704 and is therefore complete.(c) No later than 45 days after receipt of a nongeothermal notice or application for certification, and no later than 30 days after receipt of a geothermal notice or application for certification, the commission shall act upon the executive director's recommendation as to whether the notice or application for certification contains the information specified in Section 1704 and is therefore complete. If the commission determines that the notice or application for certification is complete, the notice or application for certification shall be deemed accepted for the purpose of this section on the date that this determination is made. If the commission determines that the notice or application for certification is incomplete, the commission shall indicate, in writing, those parts of the notice or application for certification which fail to meet the information requirements and the manner in which it can be made complete.(d) If the applicant files additional data to complete the notice or application for certification, the commission shall determine, within 30 days of the receipt of that data, whether the data is sufficient to make the notice or application for certification complete. The notice or application for certification shall be deemed filed on the date when the commission determines the notice or application for certification is complete if the commission has adopted regulations specifying the informational requirements for a complete notice or application for certification, but if the commission has not adopted regulations, the notice or application for certification shall be deemed filed on the last date the commission receives any additional data that completes the notice or application for certification.(e) On or before acceptance of a notice or application for certification, a committee, a presiding member and a hearing officer shall be designated pursuant to Sections 1204(a) and 1205 to conduct proceedings on the notice or application.Cal. Code Regs. Tit. 20, § 1709
1. New subsection (c), relettering and amendment of former subsection (c) to subsection (d), and consecutive relettering of former subsections (d) through (h) filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
3. Amendment of section heading, text and NOTE filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment of section heading, subsection (e) and NOTE filed 12-5-2018; operative 1-1-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
5. Change without regulatory effect amending subsection (b) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34). Note: Authority cited: Sections 25213 and 25541.5, Public Resources Code. Reference: Sections 25211, 25502, 25504, 25516.6, 25520, 25522, 25540.1 and 25540.2, Public Resources Code.
1. New subsection (c), relettering and amendment of former subsection (c) to subsection (d), and consecutive relettering of former subsections (d) through (h) filed 1-28-81; effective thirtieth day thereafter (Register 81, No. 5).
2. Amendment filed 1-11-83; designated effective 2-1-83 pursuant to Government Code section 11346.2(d) (Register 83, No. 3).
3. Amendment of section heading, text and Note filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
4. Amendment of section heading, subsection (e) and Note filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).
5. Change without regulatory effect amending subsection (b) filed 8-24-2022 pursuant to section 100, title 1, California Code of Regulations (Register 2022, No. 34).