§ 25545.4. — 25545.4. (Amended by Stats. 2025, Ch. 119, Sec. 20.)

California § 25545.4.

• Jurisdiction: California
• Code PRC: Public Resources Code - PRC
• Div. 15.: DIVISION 15. ENERGY CONSERVATION AND DEVELOPMENT
• Ch. 6.2.: CHAPTER 6.2. Certification of Nonfossil-Fueled Powerplants, Energy Storage Facilities, and Related Facilities

Text

(a)
Within 30 days of the submission of the application, the commission shall review the application and make a determination of completeness.
(b)
(1)
The executive director may require the applicant to submit
missing information in the application before an application can be deemed complete. The executive director shall transmit the request for additional information within 30 days of the submission of the application. Any further requests by the executive director for missing information in response to additional information provided by the applicant shall be made within 45 days, or as soon as practicable thereafter, of receipt of that information.
(2)
The commission shall establish clear project developer permit application requirements.
(c)
An application is deemed completed as follows:
(1)
Thirty days after the submission of the application, if the executive director does not require the submission of missing information pursuant to subdivision (b).
(2)
Immediately upon a written statement from the executive director accepting all missing information requested pursuant to subdivision (b), if the executive director requires the submission of
missing information pursuant to subdivision (b).
(d)
After the application is deemed complete, the executive director may request additional information from the applicant as follows:
(1)
To address comments by public agencies on the scope and content of the information that
is required to be included in an environmental impact
report, mitigated negative declaration, or negative declaration for certification. The applicant shall provide to the commission the requested information within 30 days of receiving the request.
(2)
If, at any time during the review of an application, the executive director determines that additional information is reasonably necessary to complete the staff assessment.
(3)
The applicant shall provide to the commission the information requested pursuant to this subdivision within 30 days of receiving the request. Receipt of requested information by the commission beyond the 30-day due date may extend the 270-day period in paragraph (1) of subdivision (e)
by a period equivalent to the delay.
(e)
(1)
Except as provided in paragraph (2), no later than 270 days after the application is deemed complete, or as soon as practicable thereafter, the commission shall determine whether to certify the environmental impact report, mitigated negative declaration, or negative declaration and to issue a certificate for the site and related facilities pursuant to this chapter.
(2)
Notwithstanding paragraph
(1), the time to certify the environmental impact
report, mitigated negative declaration, or negative declaration or issue a certificate for the site and related facilities pursuant to this chapter may be extended if one or more of the following occurs:
(A)
The commission is required to recirculate the environmental impact report, mitigated negative declaration, or negative declaration pursuant to Section 15088.5 of Title 14 of the California Code of Regulations.
(B)
Substantial changes are proposed in the project that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(C)
Substantial changes occur with respect to the circumstances under which the project is undertaken that may involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
(D)
New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence before the commission publishes the notice of availability pursuant to Section 25545.7.6, is submitted that may require additional analysis and consideration.
(E)
The commission, in consultation with the Department of Fish and Wildlife or the State Water Resources Control Board, if applicable, determines that additional time is necessary to obtain information and conduct surveys, including due to seasonal constraints.
(F)
The applicant files into the docket a written request that demonstrates a reasonable need for extending the time to certify the environmental impact report or issue a certificate for the site and related facilities pursuant to this chapter.
(3)
Following the occurrence of any circumstance described in paragraph (2), the executive director may establish a new schedule for staff to complete its review of the application that extends the 270-day period in paragraph (1) by a period attributable to the employment of paragraph (2).

Legislative History

Amended by Stats. 2025, Ch. 119, Sec. 20. (SB 254) Effective September 19, 2025.