California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 2 - The Commission, the Staff, and the Advisory Review Boards
Article 7 - Advisory Boards
Section 10271 - Membership and Function of Engineering Criteria Review Board
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The Engineering Criteria Review Board shall consist of not more than nine (9) members, including at least one (1) geologist or engineering geologist, one (1) civil engineer specializing in soils, one (1) structural engineer, and one (1) coastal engineer.
(b) The Board shall advise the Commission on problems relating to the safety of fills and of structures on fills for projects within the Commission's Bay or certain waterways jurisdictions for which a Commission permit or consideration of a consistency determination is needed.
(c) Five members shall constitute a quorum for Board meetings and shall be the minimum necessary for the Board to consider any matter.
(d) The Chair of the Commission may designate with the concurrence of the Commission up to four individuals to act as a pool of alternates to substitute for current Board members who cannot participate in any Board meeting or the consideration of any specific matter at any Board meeting.
(e) When fewer than all nine members of the Board will be available to participate in the Board's consideration of a matter, the Executive Director may designate one or more alternate Board members selected from the pool established pursuant to paragraph (d) to substitute for the Board member or members who cannot participate in the Board's consideration of any action on that matter so long as the total number of Board members that considers a matter does not exceed nine.
(f) When designating an alternate Board member pursuant to paragraph (e), the Executive Director shall select an individual in a professional discipline and with professional experience as much as possible like those of the Board member who cannot participate in the Board's consideration of the particular matter.
(g) Alternate Board members designated pursuant to paragraphs (e) and (f) shall have the same powers and authority to participate in the Board's consideration and action on any matter as a regular Board member.
(h) The term of appointment of Board members or alternates pursuant to subsection (a) or (d) shall be five years and may be renewed by the Executive Director for two successive periods of five years as a member or an alternate.
(i) A member of the Board shall not have any oral or written communication regarding a proposed project or other matter that has been noticed to be considered at a Board meeting with a project proponent, permit applicant, prospective applicant, or member of the public except on the record during a Board meeting. If a Board member receives any oral or written communication regarding a proposed project or other matter that has been noticed to be considered at a Board meeting from a project proponent, permit applicant, prospective applicant, or member of the public that does not occur on the record at a Board meeting or by a written public comment submitted to the entire Board or to the Executive Director, the Board member receiving such a communication shall inform the Commission's counsel of the communication and any response thereto. The Commission's counsel shall advise the Board member whether the Board member shall disclose the communication and any response thereto on the record of the Board's proceedings.
1. Renumbering and amendment of former Section 10271 to Section 10241, and renumbering and amendment of Section 10298 to Section 10271 filed 5-18-87; operative 6-17-87 (Register 87, No. 30). For prior history, see Register 80, No. 48.
2. Amendment filed 8-2-2022; operative 10-1-2022 pursuant to Government Code section 11343.4(a) (Register 2022, No. 31). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-71-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20.
Note: Authority cited: Section 66632(f), Government Code; and Section 29201(e), Public Resources Code. Reference: Section 66633(b), Government Code; Section 29520(a), Public Resources Code; and San Francisco Bay Plan.