10 CCR s 5750.6

Cal. Admin. Code tit. 10, s 5750.6

CALIFORNIA CODE OF REGULATIONS
TITLE 10. INVESTMENT
CHAPTER 7.85. LOCAL AREA MILITARY BASE RECOVERY AREA DESIGNATION
This database is current through 01/05/07, Register 2007, No. 1.
s 5750.6. Final Designation.

(a) If there is no application within a region which achieves at least
sixty percent of the total possible number of points, excluding points
awarded for a hazardous waste management facility, then the agency shall
not award a conditional designation for that region, but shall notify each
applicant of the deficiencies in their application, allowing a time which
shall be specified by the Agency for revision and resubmission of the
application. The Agency shall also accept new applications for designation
within that region up to the time set for resubmission of revised
applications. The agency shall score or re-score the applications in
accordance with these regulations. If after scoring the new and
resubmitted applications, there are none achieving sixty percent or more
of the total possible number of points, no LAMBRA shall be designated in
that region.

(b) If two or more applicants within a region achieve the same overall
score, the tied applicant with the highest score in the "local incentives"
element of the application shall be selected as the conditional designee
for the region.

(c) A conditional designee shall, as lead agency, prepare or cause to be
prepared a draft environmental impact report pursuant to the California
Environmental Quality Act (Public Resources Code sections 21000 et seq.)
and guidelines promulgated thereunder (14 C.C.R. sections 15000 et seq.)
for any and all projects proposed within the application area. If the
project(s) are subject to the National Environmental Policy Act (42 U.S.C.
sections 4321 et seq.) the applicant shall, to the greatest extent
feasible, prepare a joint environmental impact report/environmental impact
statement. N ote:See Notes following section 5750.2(d) of this chapter.

(d) Prior to final designation, a conditional designee shall submit to the
Agency a final application containing a detailed description of the annual
budget(s), staff and organization for administration of the application
area, including:

(1) The conditional designee's annual line item budget and source
of funding that will be committed to the administration of the
proposed LAMBRA area.

(2) The annual budgets (dollars) for each agency, or organization,
other than the final applicant, which has been identified as
providing marketing, job development, and other aspects of the final
applicant's economic development plan.

(3) The name(s) of the person(s) who will act as the LAMBRA
coordinator(s) and administer the LAMBRA on a full time basis.

(4) An organization chart that shows all persons and organizations
involved in all aspects of the proposed LAMBRA, including marketing,
job development, financing and administration, together with their
reporting relationship to the LAMBRA coordinator. The organization
chart shall show people by name and job title.

(5) A certified copy of the resolution or ordinance adopted by the
conditional designee certifying the final environmental impact
report and approving the project.

(e) Except as provided in subdivision (f), below, if a conditional
designee fails to fulfill the above conditions for final designation
within a period of ninety days following notice of conditional
designation, then the conditional designation shall be automatically
revoked without further notice from the Agency. The agency shall then
accept new and resubmitted applications for the region in the same manner
as if no applicant met the minimum score requirement as in subdivision (a)
of this section.

(f) Where a joint environmental impact report/environmental impact
statement has been prepared for the project and has not been finally
approved by the United States Military Department, and the conditional
designee cannot fulfill the conditions for final designation because that
approval has not occurred, then the Agency may extend the period specified
in subdivision (e), above, for the sole purpose of allowing the
conditional designee to certify the final environmental impact
report/environmental impact statement. All other conditions for final
designation must be completed within the period specified in subdivision
(e), above.

Note: Authority cited: Sections 7107 and 7114, Government Code.
Reference: Sections 7113 and 7113.5, Government Code.

HISTORY

1. New section filed 11-8-94 as an emergency pursuant to
Government Codesection 7114(d); operative 11-8-94 (Register 94, No. 46). A
Certificate of
Compliance must be transmitted to OAL by 5-7-95 or emergency language will
be
repealed by operation of law on the following day.

2. Repealed by operation of Government Code section 11346.1(g) (Register
95, No. 21).

3. Editorial correction of History1 (Register 95, No. 23).

4. New section filed 6-7-95 as an emergency pursuant to
Government Codesection 7114(d); operative 6-7-95 (Register 95, No. 23). A
Certificate of
Compliance must be transmitted to OAL by 12-4-95 or emergency language
will be
repealed by operation of law on the following day.

5. Certificate of Compliance as to 6-7-95 order transmitted to OAL
12-12-95 and
filed 1-24-96 (Register 96, No. 4).

6. Amendment of subsection (e) and new subsection (f) filed 6-3-96 as an
emergency pursuant to Government Code section 7114; operative 6-3-96
(Register 96, No. 23). A Certificate of Compliance must be transmitted to
OAL by 12-2-96 or emergency language will be repealed by operation of law
on
the following day.

7. Certificate of Compliance as to 6-3-96 order transmitted to OAL
10-18-96 and
filed 12-4-96 (Register 96, No. 49).

8. Amendment of section and Note filed 5-31-2000 as an emergency;
operative 5-
31-2000 (Register 2000, No. 22). Pursuant to
Government Code section7114(c), a Certificate of Compliance must be
transmitted to OAL by 11-27-2000
or emergency language will be repealed by operation of law on the
following
day.

9. Reinstatement of section and Noteas they existed prior to 5-31-2000
emergency amendment by operation of
Government Code section11346.1(f) (Register 2003, No. 10).

10 CCR s 5750.6, 10 CA ADC s 5750.6
1CAC

10 CA ADC s 5750.6

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