California Code of Regulations
Title 14 - Natural Resources
Division 5 - San Francisco Bay Conservation and Development Commission
Chapter 7 - Special Rules
Article 4 - Dredging
Section 10720 - Commission Procedure for Implementation of Individual in-Bay Dredged Material Allocations

(a) The Commission shall commence a formal rulemaking process pursuant to the Administrative Procedures Act to determine whether or not to implement an individual in-Bay dredged material allocation-program either (1) within 45 days of the Executive Director's determination at the triennial reviews starting in 2004 that the average annual volume of dredged material disposed of over the preceding three-year period at the Alcatraz Island, San Pablo Bay, Carquinez Strait, and Suisun Bay Channel in-Bay disposal sites designated by the Commission exceeds the target volume specified in Section 10721 or (2) within 45 days of receipt of a written request to make such a determination from the Long Term Management Strategy Management Committee.

(b) The Commission shall also hold a public hearing prior to voting on whether or not to implement an individual in-Bay dredged material allocation and shall otherwise follow the formal rulemaking process pursuant to the Administrative Procedures Act when it determines whether or not to implement such a program.

(c) If an analysis of the factors affecting the need for allocations, including (1) the status of alternatives to in-Bay disposal and cooperative efforts to implement them, (2) exigencies that hamper the use of alternative sites, and (3) other relevant factors and any needed environmental documentation has not been submitted by the LTMS Management Committee as part of the written request or if in-Bay disposal volumes exceed the target volumes, then such an analysis will be prepared by the Commission staff prior to the public hearing on the matter.

(d) The Commission shall vote on whether or not to implement such a program within 60 days of the close of the public hearing. The Commission shall implement a program of individual in-Bay dredged material disposal allocations unless a majority of those Commissioners present and voting vote not to implement the program.

(e) The program will commence no later than six months after the Commission vote if the Commission vote results in a determination to implement an allocation program, provided that the Commission must also complete the formal rulemaking process and any allocation adopted by the Commission must be approved by majority vote as a regulation pursuant to the Administrative Procedures Act before the allocation can go into effect.