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(continued)

(c) The agreement required by Section 11008(b) shall include in it an estimate of the total cost of the Commission's processing and acting on the application, including the direct costs of all Commission staff time, a reasonable figure for staff overhead, and all consultant costs. The amendment applicant shall not be responsible, and the agreement shall so state explicitly, for the payment of any charges in excess of one hundred and twenty percent (120%) of the estimated cost contained in the agreement.

(d) Before the Commission determines to commence processing the amendment request by adopting and issuing the descriptive notice, the Commission may at the request of the amendment applicant modify downward the estimated total cost of the Commission's processing and acting on the amendment application. If the Commission modifies the estimated cost downward, the agreement between the Commission and the amendment applicant shall be modified to reflect the modified estimated cost.

(e) After the Commission commences processing an application to amend a Commission planning document, the Commission shall submit on a quarterly basis to the amendment applicant a bill for the actual costs incurred, including overhead, by the Commission, the Commission's staff, and the Commission's consultants during the preceding quarter.

(f) The applicant for the plan amendment shall pay the bill received pursuant to section 11008(e) within 30 days of receipt of the bill. Failure to make full payment on any such bill within 30 days of its receipt shall allow the Commission and the staff to discontinue work on the application until such complete payment has been made.

(g) After either (1) the Commission and its staff completes all work, including voting, on a pending plan amendment application, (2) the applicant formally withdraws the pending application, or (3) the applicant abandons the application, the Commission shall apply the $5,000 deposit to the remaining unpaid costs for processing the application. If any of the $5,000 remains after paying all of the unpaid costs of processing the application, the Commission shall refund the remaining funds to the applicant. If the unpaid costs of processing the application exceed $5,000, the Commission shall within 30 days bill the applicant for all of those costs that exceed the $5,000 deposit.

(h) If the Commission abandons its consideration of an application to amend a Commission planning document pursuant to section 11008(i) or otherwise fails to act on the application, the person, agency, or organization who submitted the amendment application shall remain responsible for paying all of the costs, including overhead, of processing and acting on the application that the Commission incurred prior to the abandonment or failure to act.

(i) Abandonment of a plan amendment application shall occur only when the Executive Director or Commission concludes that no reasonable probability exists that the amendment applicant intends to pursue the application based on all of the circumstances that surround the pending plan amendment application.

(j) Nonpayment of an overdue bill for prior costs associated with a plan amendment application for a period of three months shall constitute evidence that a plan amendment applicant has abandoned the application unless the applicant submits written evidence to the contrary and the Executive Director concludes that the applicant does not intend to abandon the application and that reasonable grounds exist to explain the nonpayment.

(k) A plan amendment applicant may at any time appeal from the amount of funds stated as due in a bill from the Commission staff by submitting in writing within 10 days of receipt of the bill a statement of precisely what the applicant believes is incorrect about the bill, what the amendment applicant believes the correct bill should be, and all documentation that the amendment applicant wants to submit to support his or her contention(s). Thereafter, the Executive Director shall determine within 10 days of receipt of the written appeal whether to grant or to deny the appeal in whole or in part. If the amendment applicant is still not satisfied with the proposed bill after the Executive Director has ruled on the appeal, the applicant may meet with the Chairman to try to resolve the dispute and ultimately present his or her claim to the Commission. The Commission shall be the final arbiter of the fee that the amendment applicant must pay.


Note: Authority cited: Section 66632, Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66652, Government Code; and Sections 29202 and 29418, Public Resources Code.


s 11020. Other Planning Matters.

To the extent that other planning matters, pursuant to Government Code Section 66630 and Government Code 66658 require environmental documentation pursuant to the California Environmental Quality Act, the procedures outlined in this chapter for plan amendments, including the preparation of a staff planning report, the holding of a public hearing, and the preparation and vote on a staff planning recommendation, shall be followed with the following exceptions:

(a) the staff planning report and the staff planning recommendation may be combined into one document, entitled "Joint Staff Report and Recommendation"; and

(b) if the staff prepares a joint report and recommendation, the staff shall mail the document at least thirty (30) days prior to the public hearing.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66630 and 66658, Government Code; and Section 29201(f), Public Resources Code.

s 11021. Power Plant Siting.

The Commission has designated the following areas within its jurisdiction where the siting of thermal power plants that would generate 50 or more megawatts of power, and some or all ancillary facilities, would be precluded or limited.

(a) Full Designation: the following areas are fully designated as non-siting areas where neither power plants nor ancillary facilities may be constructed, except for ancillary facilities that the Commission determines would have no substantial adverse environmental effects and would not conflict with priority use areas identified in theSan Francisco Bay Plan.

(1) Existing and proposed public parks;

(2) Existing and proposed public and private wildlife refuges;

(3) Existing and proposed Bay habitat restoration sites;

(4) Wildlife Priority Use Areas;

(5) Waterfront Park or Beach Priority Use Areas, including marinas, fishing piers and boat launching ramps;

(6) Suisun Marsh Primary Management Area;

(7) Tidal marshes, tidal flats and managed wetlands;

(8) Riparian vegetation;

(9) Habitat of species that are listed by a fish and wildlife management agency as threatened or endangered; and

(10) Marine mammal haul-out and pupping sites.

(b) Partial Designation: the following categories are partially designated as non-siting areas where the siting of power plants and ancillary facilities is limited, precluded or conditioned.

(1) Category A

(A) Category A includes the following areas designated by theSan Francisco Bay Plan.

(i) Water-related industry priority use areas;

(ii) Port priority use areas; and

(iii) Airport priority use areas.

(B) A power plant and any ancillary facility may be located within a Category A area when the project would not preclude or adversely affect the existing or future use of the priority use area for its primary purpose.

(2) Category B

(A) Category B includes the following areas:

(i) The Commission's Bay and certain waterway jurisdiction other than the areas identified in subsections (a) and (b)(3);

(ii) The Suisun Marsh Secondary Management Area;

(iii) Salt ponds; and

(iv) Existing and proposed public access areas, including the San Francisco Bay Trail, when alternative access is provided during construction and the original access is restored thereafter.

(B) The following ancillary facilities may be located within Category B areas. Other ancillary facilities may be located within Category B areas when the Commission determines they would have no substantial adverse environmental effects and would not conflict with priority use areas identified in theSan Francisco Bay Plan. Power plants may not be constructed within these areas.

(i) Underground or underwater electric transmission lines;

(ii) Intake or discharge lines and structures for cooling systems;

(iii) Underground or underwater fuel pipelines; and

(iv) Underground or underwater steam pipelines.

(3) Category C

(A) Category C includes the following areas identified by the McAteer-Petris Act, theSan Francisco Bay Planand theSuisun Marsh Protection Planand not otherwise designated in subsections (a) and (b)(2).

(i) Subtidal areas;

(ii) Migratory fish routes;

(iii) Spawning areas; and

(iv) Nursery sites for juvenile fish and other aquatic organisms.

(B) The following ancillary facilities may be located within Category C areas when the project would not adversely affect migratory fish, their migration routes, and their spawning and nursery sites. Other ancillary facilities may be located within Category B areas when the Commission determines that the facilities would not adversely affect migratory fish, their migration routes and their spawning and nursery sites, would have no other substantial adverse environmental effects, and would not conflict with priority use areas identified in theSan Francisco Bay Plan.Power plants may not be constructed within these areas.

(i) Overhead electric transmission lines;

(ii) Intake or discharge lines for cooling systems that pass completely through the area;

(iii) Underground or underwater fuel pipelines; and

(iv) Underground or underwater steam pipelines.

(c) Definitions. For the purposes of this section, the following definitions apply:

(1) "Proposed parks," "proposed wildlife refuges," "proposed Bay habitat restoration sites" and "proposed public access areas" mean parks, wildlife refuges, restoration sites and public access areas for which funding has been acquired.

(2) "Ancillary facility" means a facility that will be required in order to generate and transmit power from a power plant. Such facilities include transmission lines, intake and discharge lines and structures, and fuel and steam pipelines.

(d) Despite the provisions of subsections (a) and (b), the Commission may advise the California Energy Commission that it does not object to a proposed project when either:

(1) Due to the designations in this section there is a lack of areas available for the siting of a power plant in which case the Commission shall apply the following order of priorities for identifying the most appropriate sites:

(A) The project would expand facilities within existing power plant sites;

(B) The project would develop a new site adjacent to an existing power plant site;

(C) The project would develop a new site in otherwise undesignated areas; or

(D) The project would develop a new site in partially designated areas only after a determination that: (i) the Bay site has greater relative merit than available inland sites; (ii) the proposed development is consistent with the primary use of the land; (iii) there will be no substantial adverse environmental effects; (iv) approval by any public agency having ownership or control of the land is obtained; and (v) opportunities consistent with the first four priorities are not feasible; or

(2) The project would avoid all adverse effects on the resource areas and would otherwise comply with the Commission's laws and policies.


Note: Authority cited: Sections 66632(f) and 66645, Government Code; and Section 29201(e), Public Resource Code. Reference: Section 66645, Government Code; theSan Francisco Bay Plan; theSuisun Marsh Protection Plan; and Sections 25507 and 25523, Public Resource Code.


s 11100. Definition and Effect of a Special Area Plan.

(a) A "special area plan" is an amendment to the San Francisco Bay Plan that applies any or all policies of the Bay Plan in greater detail to the geographic area covered by the special area plan.

(b) A proposed special area plan shall have no force or effect on the Commission. After the Commission has adopted a special area plan as an amendment to the Bay Plan, it shall have the full force and effect of the San Francisco Bay Plan.

(c) Adoption of a special area plan shall not alter the requirement established in Government Code Section 66632 that a permit must be secured from the Commission for any development within its jurisdiction.

(d) A special area plan shall normally be prepared by a "Joint Special Advisory Committee" which includes member(s) of local government, member(s) of the Commission, member(s) appointed by local government to represent local interests, and member(s) appointed by the Commission to represent regional interests. The size and membership will vary depending on the geographical area, but its size, composition, authority, chairman, and vice chairman shall be agreed upon by separate resolution of the Commission and local government prior to commencement of special area planning. No action taken by the joint special advisory committee is binding on the Commission or local government.


Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.

s 11101. Special Area Planning Procedures.

(a) The Commission, the Executive Director, a local government, or any other person may propose that the Commission develop a special area plan.

(b) After such a proposal has been made, the Executive Director shall prepare a brief summary and report on the proposal that shall include the following information:

(1) the boundaries of the area involved;

(2) the issues and concerns to be addressed in the planning process and the reasons for developing a special area plan;

(3) the estimated cost and personnel needed to complete the study and the source of the funds needed to pay for it;

(4) an estimate of the amount of time that it would take to complete the special area planning process;

(5) whether the Executive Director recommends that the Commission develop a special area plan;

(6) whether the Executive Director recommends that a joint special advisory committee be appointed to assist in preparing the special area plan and the recommended membership of any such advisory committee; and

(7) any other information the Executive Director deems appropriate.

(c) The Executive Director shall mail the report and, if the Executive Director recommends that the Commission develop a special area plan, a draft resolution that complies with Section 11102 to the Commission, to all interested parties, to all affected local jurisdictions, and to all other persons who have requested such mailing in writing.

(d) The Executive Director shall schedule a public hearing prior to the Commission's determination whether or not to develop a special area plan. The public hearing shall occur no earlier than ten (10) days after the Executive Director mails the report on the proposal to develop a special area plan.

(e) The Commission shall determine whether to develop a special area plan by majority vote at any time after the public hearing. Ifthe Commission determines that it wants to develop a special area plan, it shall make that determination by resolution that complies with the requirements of Section 11102.


Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.

s 11102. Contents of a Resolution to Develop a Special Area Plan.

A Commission resolution to develop a special area plan shall contain the following information:

(a) the boundaries of the area to be studied;

(b) the reasons for developing a special area plan and the purpose of the special area plan;

(c) any specific issues that the Commission wants the special area planning to address;

(d) the procedures to be used to prepare the special area plan, specifically addressing who will do the work and any special procedures that will be used to assure participation by any interested or affected persons, e.g., the holding of a public hearing, the use, membership, and representation of a joint special advisory committee, etc.;

(e) any conditions that the Commission believes appropriate to the proposed special area planning; and

(f) any other matter that the Commission deems appropriate to the proposed special area planning.


Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.


s 11103. Periodic Reports on Special Area Planning.

The Executive Director shall periodically include as part of his or her report a summary of the progress of any special area planning. The summary shall specifically identify any issues of substantial concern, any substantial deviations from the procedures established by the Commission's resolution authorizing the special area planning, and any changes that the Executive Director deems necessary to fulfill the purpose of the special area planning.

(b) The Executive Director shall provide to the Commission a copy of any report, study, or plan published as a result of the special area planning and shall make such materials available to the public.

(c) If the Executive Director determines at any time that the special area planning process is not addressing or resolving the identified issues, or is not providing sufficient opportunity to all interested persons to make their views known, or that changed circumstances exist that make further Commission participation in the special area planning process questionable, he or she shall so advise the Commission and make any appropriate recommendation(s). The Commission shall then determine by a majority vote of those present and voting whether to continue the special area planning without any changes, to continue the special area planning with changes, or to terminate the special area planning.

(d) Whenever the Executive Director or the Commission determines that the special area planning process has reached the point where it is appropriate to commence the process to amend the Bay Plan, the Commission and the staff will thereafter follow the procedures of Chapter 10 for amending the Bay Plan.


Note: Authority cited: Section 66632(f), Government Code. Reference: San Francisco Bay Plan, P. 39, 41.

s 11200. Local Agency Requirements for Components of the Local Protection Program.

(a) Each local government and district; required to prepare a component of the Suisun Marsh Local Protection Program and the Solano County Local Agency Formation Commission shall include in their components of the Suisun Marsh Local Protection Program an initial environmental assessment of the component.

(b) The initial environmental assessment shall discuss all substantial adverse environmental impacts associated with the adoption of the component, including the growth-inducing impacts and the cumulative impacts. The analysis shall also discuss feasible alternatives and mitigation measures that the component will require.

(c) Each local government, district, and the Solano County Local Agency Formation Commission shall circulate their approved initial environmental assessments to all interested local governments, responsible agencies, and all interested parties at least thirty (30) days prior to Solano County's consideration of the component.

(d) When a component is presented to the County for endorsement, the component shall list the place, date, mailing list, and notice(s) published for all public hearings that have been held. The component shall also include all written communications received and responses to them.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11201. County Endorsement of the Local Protection Program.

(a) The County may submit components of a local protection program separately for certification by the Commission.

(b) County endorsement of a local protection program or a component thereof is advisory to the Commission.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11202. Commission Distribution of an Endorsed Local Protection Program or Components Thereof.

(a) The County shall furnish to the Commission fifteen (15) copies of an endorsed local protection program or component thereof, and within fifteen (15) days of its receipt by the Commission, the Commission shall distribute a copy of the program or component to the following agencies for comment for a period of not more than sixty (60) days:

(1) California Department of Fish and Game;

(2) California Department of Health Services;

(3) All local governments in the County;

(4) Regional Water Quality Control Board, San Francisco Bay Region;

(5) State Lands Commission;

(6) Attorney General's Office (Deputy Assigned to the Commission);

(7) U.S. Army Corps of Engineers, San Francisco District; and

(8) Any other governmental agencies and interested parties who have requested a copy of the program.

(b) The Commission shall publish once a week for at least two weeks beginning at least thirty (30) days prior to the public hearing notice of the availability of the endorsed local protection program or component for public inspection at the Commission office in a newspaper of general circulation.

(c) With respect to the number of copies that paragraph (a) of this section requires the County to submit, the Executive Director may waive any or all of the requirement if he or she determines that any of the agencies already have a copy of the program or component.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11203. Contents and Distribution of Staff Summary.

(a) The Executive Director shall prepare a brief summary of a proposed local protection program component or proposed amendment to the local protection program or a local protection program component.

(b) The summary shall include staff comments, which shall be clearly distinguished as such, and shall cover the following matters:

(1) whether the proposed component or proposed amendment conforms to the provisions of California Public Resources Code Sections 29000 through 29612, the policies of the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan, and if the proposed component or proposed amendment does not so conform, a specific explanation of how it does not so conform;

(2) a summary of all environmental documentation that the lead agency has prepared;

(3) what action the sponsor of the proposed component or proposed amendment has taken; and

(4) a summary of all comments that the staff has received and a brief response to all comments.

(c) The staff shall mail the staff summary with a copy of the proposed component or amendment and any environmental document at least six (6) days prior to the public hearing to all Commissioners and Alternates, to the sponsor of the proposed component or amendment, to other affected local governments, to all persons who have requested such mailing in writing, and to the agencies listed in Section 11202(a).


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11204. Public Hearing(s).

(a) The Commission shall hold a public hearing on the local protection program or component or amendment within ninety (90) days of its receipt from the County.

(b) The Executive Director shall mail notice of the public hearing to all Commissioners and their Alternates, to each of the governmental agencies listed in paragraph (a) of Section 11202, to all interested agencies, organizations, and individuals, and to any other person who requests such notice in writing.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11205. Staff Recommendation.

(a) The Executive Director may request the sponsor of the proposed program, component, or amendment to provide any additional information or commitment that he or she deems necessary to prepare the recommendation and shall report any failure to comply with such requests to the Commission.

(b) The Executive Director shall prepare a staff recommendation that shall contain the following:

(1) responses to all comments received either in writing or at the public hearing;

(2) any necessary revisions to the initial environmental assessment;

(3) a recommendation for Commission action on the certification of the local protection program, component, or amendment, which can only be to certify or to refuse to certify, with or without recommendations to the appropriate local agency and county on what the Commission believes would be necessary for it to certify the program, component, or amendment; and

(4) a draft resolution of certification that complies with Section 11206 or a draft resolution of refusal to certify that complies with Section 11207.

(c) The Executive Director shall mail the staff recommendation to all Commissioners and Alternates, to the sponsor of the proposed component or amendment, to other affected local governments, to all persons who have requested such mailing in writing, and to the agencies listed in Section 11202. The mailing shall occur not less than six (6) days prior to the date of the scheduled Commission vote.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11206. Contents of Resolution of Certification.

A resolution that certifies the local protection program, a component of the local protection program, or an amendment to the local protection program or component shall include the following:

(a) a statement that the program, component, or amendment conforms to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan;

(b) the text and all necessary diagrams, drawings, exhibits, maps, charts, and supplementary data of the program, component, or amendment; and

(c) specific findings of fact that support the following legal conclusions:

(1) the program, component, or amendment conforms to the relevant provisions of California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, and the San Francisco Bay Plan; and

(2) the program, component, or amendment will either have no significant adverse environmental impacts on matters that the Commission must by law approve or disapprove or has included all feasible alternatives or feasible mitigation measures necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11207. Contents of Resolution of Non-Certification.

A resolution that denies the certification of the local protection program, a component, or an amendment shall include the following:

(a) a statement of all the ways that the proposed program, component, or amendment fails to conform to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to include all feasible mitigation measures or feasible alternatives necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove;

(b) the text and all necessary drawings, exhibits, etc., of the program, component, or amendment; and

(c) specific findings of fact that support the conclusion that the program, component, or amendment fails to conform to California Public Resources Code Sections 29000 through 29612, the Suisun Marsh Protection Plan, or the San Francisco Bay Plan, or fails to include all feasible mitigation measures or feasible alternatives necessary to offset any significant adverse environmental impacts that the program, component, or amendment will have on matters that the Commission must by law approve or disapprove.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29400-29424, Public Resources Code.

s 11208. Notice of Certification of Local Protection Program.

The Executive Director shall make every reasonable effort to assure that all interested persons receive notice of the certified local protection program, component, or amendment. The Executive Director shall also file a notice of the adoption of the local protection program, component, or amendment with the Secretary of the Resources Agency for posting and inspection as provided in Public Resources Code Section 21080.5(d)(2)(v).


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 21080.5(d)(2)(v) and 29400-29424, Public Resources Code.

s 11210. Amendment Submittal Requirements.

The Commission may file for review a proposed amendment to the certified Suisun Marsh local protection program or a component thereof only if the proposed amendment is submitted pursuant to a resolution of the entity that proposes the amendment adopted after the entity held at least one (1) public hearing. The resolution of the proposed amendment shall contain the following information:

(a) all policies, plans, standards, objectives, diagrams, drawings, maps, charts, and supplementary data related to the proposed amendment in detail sufficient to allow review of the proposed amendment for conformity with the provisions of California Public Resources Code Sections 29000 through 29612, the policies of the Suisun Marsh Protection Plan, and the policies of the San Francisco Bay Plan;

(b) a discussion of the proposed amendment's effect on the component being amended, its relationship to and its effect on the other sections of the local protection program, and its conformity with California Public Resources Code Sections 29000 through 29612 and the policies of the San Francisco Bay Plan and the Suisun Marsh Protection Plan.

(c) any environmental documents required pursuant to California Public Resources Code Section 21000 through 21177 for all or any portion of the proposed amendment;

(d) a summary of the measures taken to provide the public and any affected agency with maximum opportunity to participate in the local protection program or component amendment process, including proof that the entity proposing the amendment gave written notice of its public hearing to all other entities whose components would be affected by the amendment; and

(e) If the proposed amendment would affect any area outside of Suisun Marsh, a statement that the entity proposing the amendment has held a public hearing for which it gave at least thirty (30) days prior notice, and had given the Commission and Solano County at least thirty (30) days prior notice of the nature and text of the proposed amendment.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 29419, Public Resources Code.

s 11211. Submittal of an Amendment.

(a) Within ten (10) working days of receipt by the Commission of a proposed amendment to the local protection program or component thereof, the Executive Director shall determine whether the proposed amendment meets the submittal requirements of Section 11210.

(b) If the Executive Director determines that the proposed amendment and supporting materials meet the submittal requirements of Section 11210, the Executive Director shall stamp all the materials "Filed BCDC" and the date of filing and notify the entity that submitted the proposed amendment of its filing.

(c) If the Executive Director determines that the proposed amendment does not satisfy the requirements of Section 11210, the Executive Director shall transmit to the entity that proposed the amendment a written explanation of why the proposed amendment and supporting materials do not comply with Section 11210.

(d) The filing of a proposed amendment and supporting materials shall constitute submittal of the amendment pursuant to California Public Resources Code Section 29410.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 29419, Public Resources Code.

s 11212. Processing Amendments to the Local Protection Program or Component Thereof.

The Commission shall process a proposed amendment to the Suisun Marsh local protection program or to any component thereof in accordance with Sections 11202 through 11208, except that amendments designated as minor by the Executive Director under Sections 11213 and 11214 shall be processed only as provided in Section 11214.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Sections 29418 and 24919, Public Resources Code.

s 11213. Definition of a Minor Amendment.

A minor amendment to the Suisun Marsh local protection program or any component thereof is an amendment that is consistent with California Public Resources Code Sections 29000 through 29612 and the Suisun Marsh Protection Plan and that is one or more of the following:

(a) changes in wording, maps, or diagrams of any general, specific, or area plan, other policy document, zoning ordinance, zoning district map, regulation, or standard that does not change the designated, allowable, or permitted use, density, or intensity of land use or sphere of influence or boundary of any city; or

(b) changes in any certified management plan or policy document of the Suisun Resource Conservation District or the Solano County Mosquito Abatement District that does not change the permitted or allowable use of any land and does not change any water management program or practice.


Note: Authority cited: Section 29418(c), Public Resources Code. Reference: Section 29418(c), Public Resources Code.

s 11214. Designation of an Amendment as Minor.

(a) If the Executive Director intends to determine that a proposed amendment is minor, he or she shall notify the Commission of this intent by summarizing the proposed amendment and stating the intent as part of the administrative listing of administrative permits and consistency determinations that Section 10620 requires.

(b) The Executive Director shall send the listing to or shall otherwise notify in writing the County of Solano, the Cities of Benicia, Fairfield, and Suisun City, the Solano County Local Agency Formation Commission, the Solano County Mosquito Abatement District, the Suisun Resource Conservation District, the California Department of Fish and Game, the United States Fish and Wildlife Service, and the United States Bureau of Reclamation at least nine (9) working days before the meeting at which the Commission may comment on the listing.

(c) If two (2) or more members of the Commission object to the Executive Director's proposed determination that the proposed amendment is minor, the determination shall not become effective and the Commission shall process the amendment pursuant to Section 11212.

(d) If less than two (2) members of the Commission object to the Executive Director's proposed determination that the proposed amendment is minor, the proposed determination shall become effective and the amendment shall become effective on the tenth (10th) working day following the meeting at which the amendment was listed.

(e) The Executive Director shall give written notice of final action on the proposed amendment to the entity that proposed the amendment and to all persons who have requested in writing that they receive such notice.


Note: Authority cited: Section 29418(c), Public Resources Code. Reference: Section 29418(c), Public Resources Code.

s 11215. Frequency of Amendments.

No local government, district, nor the Solano County Local Agency Formation Commission shall submit an amendment to the Commission or the Executive Director for certification more frequently than three (3) times during any calendar year.


Note: Authority cited: Section 29201(e), Public Resources Code. Reference: Section 29418, Government Code; and Section 65361, Government Code.

s 11300. Grounds for the Issuance of Cease and Desist Orders.

Any one of the following actions shall constitute grounds for the issuance by the Commission of a cease and desist order: (1) the undertaking or threat to undertake an activity that requires a Commission permit without having obtained a Commission permit, (2) the violation of a term or condition of a Commission permit, or (3) the inclusion of inaccurate information in a permit application or at the public hearing on the permit application.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66638, Government Code; and Section 29601, Public Resources Code.


s 11301. Grounds for Permit Revocation.

Any one of the following actions shall be grounds for the complete or partial revocation of a Commission permit:

(1) the violation of a term or condition of a permit,

(2) the violation of a Commission cease and desist order or an Executive Director's cease and desist order, or

(3) the inclusion of inaccurate information in a permit application or at the public hearing on a permit application.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d); Government Code; Section 29601, Public Resources Code; and Sunset Amusement Company v. Board of Police Commissioners (1972) 7 Cal.3d 64, 80.


s 11302. Grounds for the Imposition of Administrative Civil Penalties.

Any one of the following actions shall constitute grounds for the imposition of civil penalties by the Commission:

(1) the undertaking of any activity that requires a Commission permit without having obtained the Commission permit or

(2) the violation of any term or condition of a Commission permit.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641.5, Government Code; and Sections 29610-29611, Public Resources Code.


s 11303. Referral to the Attorney General by the Commission or the Executive Director.

(a) A violation of any one of the following shall be grounds for the referral of the violation by the Commission or the Executive Director to the Attorney General's Office without the Commission's having issued either a cease and desist order or a permit revocation order: (1) the McAteer-Petris Act, (2) the Suisun Marsh Preservation Act, (3) the Federal Coastal Zone Management Act, or (4) a term or condition of a Commission permit.

(b) In addition, a violation of either a Commission cease and desist order or a Commission permit revocation order shall also be grounds for the referral of the violation by either the Commission or the Executive Director to the Attorney General's Office.

(c) A referral made to the Attorney General's Office pursuant to subsections (a) and (b) may include any other unresolved, alleged violation including those of the type enumerated in Section 11386.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66641(d), Government Code; and Section 29601, Public Resources Code.

s 11310. Definitions.

The following definitions are applicable to this chapter:

(a) "Complaint," as used in subsection (b) of Section 66641.6 of the Government Code, means the document that initiates the possible imposition of administrative civil penalties by the Commission. A complaint shall contain the information required by Government Code Section 66641.6(b) and otherwise follow the format for a staff violation report as set out in Appendix H.

(b) "Enforcement committee," as used in this chapter, means a committee that the Commission has established pursuant to Commission resolution or by appointment by the Chair without Commission objection to assist the Commission in carrying out its enforcement responsibilities.

(c) "Enforcement hearing," as used in this chapter, means any public hearing held before a hearing officer, the enforcement committee, or the Commission as part of a Commission enforcement proceeding.

(d) "Hearing Officer," means any person appointed by the Commission to receive evidence, hear arguments, make findings of fact, and recommend to the Commission what action it should take on an enforcement matter.

(e) "Person," as used in Sections 66637 through 66642 of the Government Code and in this chapter, means any individual, firm, association, organization, partnership, business trust, corporation, company, or governmental agency.

(f) "Respondent," as used in this chapter, means a person to whom the Commission staff has issued a violation report and a statement of defense form in accordance with Section 11321(c).


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66637-66642, Government Code; and Section 29601, Public Resources Code.

s 11320. Staff Investigation and Discovery.

As part of any enforcement investigation, the Executive Director may issue subpenas and the staff may send interrogatories, conduct depositions, and inspect property at any time.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 11180-11181, 66637, 66638 and 66643, Government Code; and Section 29601, Public Resources Code.

s 11321. Commencing Commission Enforcement Proceedings.

(a) If the Executive Director believes that the results of an enforcement investigation so warrant, the Executive Director shall commence Commission enforcement proceedings by issuing at least 45 days prior to holding an enforcement hearing on the matter the following materials to the last known address of each party that the Executive Director believes may be legally responsible in some manner for the alleged violation:

(1) a violation report that complies with the format set out in Appendix H,

(2) a complaint for civil penalties that complies with the format set out in Appendix H if the staff seeks civil penalties, and

(3) a statement of defense form that complies with the format set out in Appendix I. The violation report and complaint for civil penalties can be combined into a single document so long as it contains all the information required for both.

(b) The violation report shall refer to all documents on which the staff relies to provide a prima facie case and give notice that the documents may be inspected at the Commission's office and that copies will be provided with five days prior notice and upon payment of the cost of copying.

(c) Issuance of a violation report shall occur when the violation report is mailed by certified mail to all persons or entities named as a respondent in the violation report. Issuance of a complaint for civil penalties shall occur when the complaint for civil penalties is mailed by certified mail to all persons or entities name as a respondent in the complaint.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Government Code; and Sections 29610-29611, Public Resources Code.

s 11322. Respondent's Required Response to the Violation Report.

(a) Within thirty-five (35) days of the issuance of the violation report and the statement of defense form, each respondent shall submit to the Commission as its office an original and five copies of the completed statement of defense form and an original (or verified copy) and five copies of all documents that the respondent wants to be made part of the record of the enforcement proceeding, including any declarations under penalty of perjury and any documentary evidence such as letters, photographs, and similar matters. Once submitted, all such declarations and documents shall be permanently retained by the Commission as part of the enforcement record.

(b) If a respondent believes that cross-examination of a person relied on by staff in its violation report is needed to show or contest a fact alleged in the violation report, the respondent shall request such cross-examination in the statement of defense form. The addendum shall list the name of each person the respondent wants to cross examine, all documents about which the respondent wants to cross examine, a description of the area of knowledge about which the respondent wants to cross-examine the person, including a specific reference to the fact or information respondent disputes, the information that respondent believes can be elicited by cross-examination, and the reasons the respondent believes that the information can best be provided by cross-examination rather than by the submittal of declarations or other written evidence.

(c) Within 35 days of the issuance of a complaint for civil penalties and a statement of defense form, each respondent shall submit to the Commission at its office either (1) a certified cashier's check in the amount of the proposed civil penalty or (2) the completed statement of defense form and all documents that the respondent wants to be made part of the record of the enforcement proceeding, including any declarations under penalty of perjury and any documentary evidence such as letters, photographs, and similar matters, and any request to allow cross-examination.

(d) If the staff wants to cross-examine, the staff shall, within seven days of receiving a statement of defense form, mail to all respondents a list of all persons that the staff wants to cross examine, the area or areas of knowledge about which the staff wants to cross-examine the witness, and the information that the staff hopes to elicit in cross-examination.

(e) If the Executive Director sends a violation report and a complaint for civil penalties together, paying the civil penalties will not release the respondent from the possible issuance of a cease and desist order or permit revocation order.

(f) The Executive Director may at his or her discretion extend the 35-day time limit imposed by paragraphs (a) and (c) of this section upon receipt within the 35-day time limit of a written request for such extension and a written demonstration of good cause. The extension shall be valid only to those specific items or matters that the Executive Director identifies to the requesting party as being exempt from the 35-day filing requirement and shall be valid only for such additional time as the Executive Director allows.

(g) If a respondent responds to a complaint for the imposition of administrative civil penalties by submitting a cashier's check in the appropriate amount to the Executive Director in a timely fashion, the Executive Director shall cash the check and list the violation, the amount of the proposed penalty, and the fact that the respondent has agreed to pay the penalty as part of the administrative permit listing within 30 days of receipt of the check.

(h) At the next Commission meeting after receiving the listing, the Commission can object to the amount of a proposed administrative civil penalty that a respondent has paid by voting by a majority of those present and voting. If the Commission so objects, the Executive Director shall return the respondent's money and the respondent shall file his or her completed statement of defense form and supporting documents within 35 days of the Commission's action. Thereafter, the enforcement matter shall proceed according to these regulations.


Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Sections 66638 and 66641.6, Government Code; and Section 29610-29611, Public Resources Code.

s 11323. Distribution of Notice of Enforcement Hearings.

(a) At least ten (10) days prior to the initial enforcement hearing on a proposed Commission cease and desist order, a proposed permit revocation order, or a proposed Commission civil penalty order, whether held before the enforcement committee, the Commission, or a hearing officer, the Executive Director shall mail by regular mail a written notice of the date, time, and place of the initial enforcement hearing to all respondents at their last known address and to all members of the public who have requested in writing that they receive such notice, provided that no notice need be mailed to the respondent if the respondent has already received notice of the hearing in a cease and desist order issued by the Executive Director. A meeting notice mailed pursuant to California Government Code Section 11125 will meet this notice requirement.

(b) After the initial enforcement hearing, notice of further enforcement hearings may be given by either announcing the date, time, and place of the further meeting on the record at the close of the preceding enforcement hearing or by mailing written notice of the date, time, and place of the further meeting to all respondents at least 10 days prior to the further enforcement hearing.


Note: Authority cited: Section 66632(f), Government Code; andSection 29201(e), Public Resources Code. Reference: Sections 66638, 66641.5, and 66641.6, Government Code; and Section 29601, Public Resources Code. (continued)