BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1520| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 1520 Author: Calderon (D) Amended: 8/23/12 Vote: 27 - Urgency SENATE GOVERNMENTAL ORGANIZATION COMM. : 12-1, 4/24/12 AYES: Wright, Anderson, Berryhill, Calderon, Cannella, Corbett, De León, Hernandez, Padilla, Walters, Wyland, Yee NOES: Evans SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 5/14/12 AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal, Pavley NO VOTE RECORDED: Strickland SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/24/12 AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Steinberg NO VOTE RECORDED: Price SENATE FLOOR : 38-0, 6/11/12 AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon, Cannella, Corbett, Correa, DeSaulnier, Dutton, Emmerson, Evans, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio, Runner, Simitian, Steinberg, Strickland, Vargas, Walters, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: De León, Fuller ASSEMBLY FLOOR : 78-1, 8/27/12 - See last page for vote CONTINUED SB 1520 Page 2 SUBJECT : Streamlined Permit Review Team SOURCE : Author DIGEST : This bill requires a statement of reasons for adoption of a regulation to include a standardized impact analysis for each major regulation proposed after November 1, 2013, instead of January 1, 2013, as provided in existing law. Assembly Amendments delete the Senate version of the bill (1) requiring the Office of Planning and Research (OPR) to provide information to an applicant for a permit explaining the permit approval process and assist an applicant for a permit in identifying any permit required by a state agency for a proposed development project, (2) allowing OPR to call a conference of parties at the state level to resolve questions or mediate disputes arising from a permit application for a development project, and (3) allowing OPR to charge an applicant for a permit for a proposed development project a fee that does not exceed the estimated reasonable cost of providing the services performed by this bill. The amendments double-jointed the bill with AB 1612 (Lara). ANALYSIS : Existing law: 1. Prescribes specific procedures for the review and approval of permits for development projects in the state. The Permit Streamlining Act: A. Requires public agencies to provide detailed information that will be required from an applicant for a development project. B. Requires a lead agency for a development project to approve or disapprove the project within six months after the Environmental Impact Report is certified, or within three months from the date of adoption of a Negative Declaration or a determination SB 1520 Page 3 by the lead agency that the development project is exempt from California Environmental Quality Act (CEQA), unless the project proponent requests an extension of time. C. If no action is taken within the allotted time after CEQA review is complete, the project may be deemed approved, except that an application can only be deemed approved as a result of that failure to act if specified requirements for public notice and review have been satisfied. 2. The Administrative Procedure Act (APA) establishes rulemaking procedures and standards for the adoption, amendment, or repeal of regulations by state agencies, including a requirement that an agency adopting a major regulation to release a standardized economic impact analysis. This bill: 1. Requires a statement of reasons for the adoption, amendment or repeal of a regulation to include a standardized impact analysis for each major regulation proposed after November 1, 2013, instead of January 1, 2013, under existing law. 2. Requires agencies proposing to adopt, amend or repeal a regulation prior to November 1, 2013, to prepare an economic assessment. 3. Makes technical and clarifying changes. 5. Adds language to avoid chaptering out issues with AB 1612 (Lara). Comments According to the author, "From a project review standpoint, this bill is an attempt to encourage a quicker review of applications for pending California development and other projects to expedite review and processing under applicable California law." SB 1520 Page 4 The APA governs the adoption of regulations by state agencies for purposes of ensuring that they are clear, necessary, legally valid, and available to the public. In seeking adoption of a proposed regulation, state agencies must comply with procedural requirements that include publishing the proposed regulation along with supporting statement of reasons; mailing and publishing a notice of the proposed action 45 days before a hearing or before the close of the public comment period; and, submitting a final statement to the Office of Administrative Law (OAL) that summarizes and responds to all objections, recommendations and proposed alternatives that were raised during the public comment period. The OAL is then required to approve or reject the proposed regulation within 30 days. OAL is responsible for reviewing administrative regulations proposed by over 200 state agencies for compliance with the standards set forth in the APA, for transmitting these regulations to Secretary of State (SOS) and for publishing regulations in the California Code of Regulations. Existing law requires OAL to review all regulations for necessity and non-duplication, and requires OAL to print a summary of all regulations filed with SOS in the previous week in the California Regulatory Notice Register. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No ASSEMBLY FLOOR : 78-1, 08/27/12 AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NOES: Morrell SB 1520 Page 5 NO VOTE RECORDED: Donnelly DLW:m 8/28/12 Senate Floor Analyses SUPPORT/OPPOSITION: NONE RECEIVED **** END ****