California Code of Regulations
Title 14 - Natural Resources
Division 6 - Resources Agency
Chapter 3 - Guidelines for Implementation of the California Environmental Quality Act
Article 19 - Categorical Exemptions
Section 15328 - Small Hydroelectric Projects at Existing Facilities
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Class 28 consists of the installation of hydroelectric generating facilities in connection with existing dams, canals, and pipelines where:
(a) The capacity of the generating facilities is 5 megawatts or less,
(b) Operation of the generating facilities will not change the flow regime in the affected stream, canal, or pipeline including but not limited to:
(c) New power lines to connect the generating facilities to existing power lines will not exceed one mile in length if located on a new right of way and will not be located adjacent to a wild or scenic river.
(d) Repair or reconstruction of the diversion structure will not raise the normal maximum surface elevation of the impoundment.
(e) There will be no significant upstream or downstream passage of fish affected by the project.
(f) The discharge from the power house will not be located more than 300 feet from the toe of the diversion structure.
(g) The project will not cause violations of applicable state or federal water quality standards.
(h) The project will not entail any construction on or alteration of a site included in or eligible for inclusion in the National Register of Historic Places, and
(i) Construction will not occur in the vicinity of any endangered, rare, or threatened species.
1. Amendment of subsection (i) and NOTE filed 5-27-97; operative 5-27-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 22).
2. Change without regulatory effect amending NOTE filed 10-6-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 40).
Note: Authority cited: Section 21083, Public Resources Code. Reference: Section 21084, Public Resources Code.
