Section 1729 - Nonapprovable Sites or Non-Certifiable Sites(a) The commission shall not find acceptable any site and related facility to which the provisions of Sections 25526 or 25527 of the Public Resources Code apply unless the finding required by the applicable section has been made.(b) The applicant shall be required to comply with the following requirements of Sections 25526 and 25527 at the application stage: (1) For a site in an area designated by the Coastal Commission, the applicant shall demonstrate to the Coastal Commission that the proposed facilities will cause no substantial adverse environmental effects on any designated area. The Coastal Commission shall submit its findings to the Energy Commission prior to the conclusion of the hearings held under Section 1745 of these regulations.(2) For a site in an area designated by the BCDC, the applicant shall demonstrate to the BCDC that the proposed facility will cause no substantial adverse environmental effects on any designated area. The BCDC shall submit its findings to the Energy Commission prior to the conclusion of the hearings held under Section 1745 of these regulations.(3) For a site in an area listed in Section 25527, the applicant shall demonstrate to the Energy Commission that the proposed facility will cause no substantial adverse environmental effects on any such area. The commission's findings shall be contained in the proposed decision on the application.(4) For a site in any area covered by this section, the applicant shall demonstrate prior to the conclusion of hearings held under Section 1745 that the approval of any public agency having ownership or control of such lands has been obtained.Cal. Code Regs. Tit. 20, § 1729
1. Amendment of subsection (a) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d) (Register 83, No. 3).
2. Amendment of subsections (b)(1)-(2) and (b)(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 25518(e) and 25541.5, Public Resources Code. Reference: Sections 25526 and 25527, Public Resources Code.
1. Amendment of subsection (a) filed 1-11-83; designated effective 2-1-83 pursuant to Government Code Section 11346.2(d)(Register 83, No. 3).
2. Amendment of subsections (b)(1)-(2) and (b)(4) filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).