Section 1769 - Post Certification Petition for Changes in Project Design, Operation or Performance and Amendments to the Commission Decision(a) Change in Project Design, Operation, or Performance Requirements.(1) After the final decision is effective under section 1720.4, the project owner shall petition the commission for approval of any change it proposes to the project design, operation, or performance requirements. The petition must contain the following information:(A) A complete description of the proposed change, including new language for any conditions of certification that will be affected;(B) A discussion of the necessity for the proposed change and an explanation of why the change should be permitted;(C) A description of any new information or change in circumstances that necessitated the change;(D) An analysis of the effects that the proposed change to the project may have on the environment and proposed measures to mitigate any significant environmental effects;(E) An analysis of how the proposed change would affect the project's compliance with applicable laws, ordinances, regulations, and standards;(F) A discussion of how the proposed change would affect the public;(G) A list of current assessor's parcel numbers and owners' names and addresses for all parcels within 500 feet of any affected project linears and 1000 feet of the project site;(H) A discussion of the potential effect of the proposed change on nearby property owners, residents, and the public; and(I) A discussion of any exemptions from the California Environmental Quality Act, commencing with section 21000 of the Public Resources Code, that the project owner believes may apply to approval of the proposed change.(2) Within 30 days after a petition is filed and the applicable fee is paid, staff shall review the petition to determine the extent of the proposed change and prepare a summary of the petition. The summary shall be concise and understandable, shall describe the content of the petition using the applicant's own words whenever possible, and shall include a description of the commission's procedures concerning proceedings on the petition, as appropriate. As soon as practicable after preparing the summary, staff shall file the summary and provide a copy to each property owner described in subdivision (a)(1)(G) with instructions on how to receive future filings.(3) Staff Approval of Proposed Change.(A) Staff shall approve the change where staff determines: (i) that there is no possibility that the change may have a significant effect on the environment, or the change is exempt from the California Environmental Quality Act;(ii) that the change would not cause the project to fail to comply with any applicable laws, ordinances, regulations, or standards; and(iii) that the change will not require a change to, or deletion of, a condition of certification adopted by the commission in the final decision or subsequent amendments.(B) Staff, in consultation with the air pollution control district where the project is located, may approve any change to a condition of certification regarding air quality, provided: (i) that the criteria in subdivisions (a)(3)(A)(i) and (ii) are met; and(ii) that no daily, quarterly, annual or other emission limit will be increased as a result of the change.(C) Staff shall file a statement summarizing its actions taken pursuant to subdivisions (a)(3)(A) or (B). Any person may file an objection to a staff action taken pursuant to subdivisions (a)(3)(A) or (B) within 14 days of the filing of staff's statement. Any such objection must make a showing supported by facts that the change does not meet the criteria in this subdivision. Speculation, argument, conjecture, and unsupported conclusions or opinions are not sufficient to support an objection to staff approval.(D) Staff may submit to the commission, for consideration and a decision, a proposed change that could otherwise be approved by staff under subdivisions (a)(3)(A) or (B).(4) Commission Approval of Proposed Change. (A) If staff determines that a change does not meet the criteria for staff approval set forth in subdivision (a)(3), or if staff submits the proposed change to the commission for consideration under subdivision (a)(3)(D), or if a person files an objection that complies with subdivision (a)(3)(C), the petition shall be considered by the commission at a noticed business meeting or hearing. The commission shall issue an order approving, rejecting, or modifying the petition or assign the matter for further proceedings before the commission or an assigned committee or hearing officer. The commission may approve such a change only if it can make the findings specified in section 1748(b), if applicable.(B) In any matter assigned for further proceedings pursuant to subdivision (a)(4), the presiding member shall establish the schedule and process for the proceeding.(5) The petitioner may withdraw its petition from consideration by the commission in the manner described for withdrawal of notices or applications in section 1709.8.(b) Change in Ownership or Operational Control.(1) A petition to transfer ownership or operational control of a facility shall contain the following information: (A) a discussion of any significant change in the operational relationship between the owner and operator;(B) a statement identifying the party responsible for compliance with the commission's conditions of certification; and(C) a statement verified by the new owner or operator in the manner described in section 1707 that the new owner or operator understands the conditions of certification and agrees to comply with those conditions.(2) Staff may approve a change in ownership or operational control by filing a statement approving the change no sooner than 14 days after filing of the petition. Any person may file an objection to a staff approval within 14 days of the filing of staff's statement. Any such objection must state the grounds for the objection. If a person files such an objection, the petition shall be considered by the commission at a noticed business meeting or hearing.Cal. Code Regs. Tit. 20, § 1769
1. New section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2. Amendment of subsection (a)(2)(D) and amendment of NOTE filed 4-8-2003; operative 5-8-2003 (Register 2003, No. 15).
3. Amendment of subsection (a)(3)(A) filed 12-21-2015; operative 1-1-2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of section heading and section 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 25523, 25532 and 25534, Public Resources Code.
1. New section filed 8-10-93; operative 9-9-93 (Register 93, No. 33).
2. Amendment of subsection (a)(2)(D) and amendment of Note filed 4-8-2003; operative 5-8-2003 (Register 2003, No. 15).
3. Amendment of subsection (a)(3)(A) filed 12-21-2015; operative 1/1/2016 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 52).
4. Amendment of section heading and section filed 12-5-2018; operative 1/1/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 49).