Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2605

Introduced by Assembly Member Nazarian

February 19, 2016

An act to amend begin delete Section 488 of the Public Utilities Code, relating to public utilities. end delete begin insert Sections 65460.5 and 65923.8 of, and to repeal Section 66033 of, the Government Code, to amend Section 25199.7 of, and to repeal Section 25199.4 of, the Health and Safety Code, and to amend Section 25616 of the Public Resources Code, relating to state government. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2605, as amended, Nazarian. begin delete Public utilities: tariff schedules. end delete begin insert State government: Office of Permit Assistance. end insert

begin insert

Previously existing law established the Office of Permit Assistance within the Trade and Commerce Agency to, among other things, provide information to developers relating to the permit approval process. Under existing law, a state agency which is the lead agency for a development project is required to inform the applicant for a permit that the Office of Permit Assistance has been created for this purpose.

end insert begin insert

This bill would instead require a state agency that is a lead agency for a development project to inform the applicant for a permit that the Governor’s Office of Business and Economic Development has been created for this purpose. The bill would also delete various obsolete provisions relating to the Office of Permit Assistance.

end insert begin insert

Existing law establishes procedures for a land use decision by a local agency concerning a specified hazardous waste facility project, as defined. Existing law requires the Office of Permit Assistance to take specified actions with regard to land use decisions regarding a proposed hazardous waste facility project.

end insert begin insert

This bill would transfer these duties to the Department of Toxic Substances Control.

end insert begin delete

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including common carriers, as defined, subject to the preemptive authority of Congress pursuant to the Commerce Clause of the United States Constitution. The Public Utilities Act requires the tariff schedules of carriers to be produced and made available for inspection upon the demand of any person.

end delete begin delete

This bill would make nonsubstantive changes to that provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 65460.5 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65460.5.  

A city or county establishing a district and preparing
a plan pursuant to this article begin delete shall: end delete begin insert shall be eligible for available
transportation funding. end insert

begin delete

(a) Be eligible for available transportation funding.

end delete begin delete

(b) Receive assistance from the Office of Permit Assistance,
pursuant to Section 15399.53, in establishing an expedited permit
process pursuant to Section 15399.50, at the request of the city or
county.

end delete

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 65923.8 of the end insert begin insert Government Code end insert begin insert is amended
to read: end insert

65923.8.  

Any state agency which is the lead agency for a
development project shall inform the applicant for a permit that
the begin delete Office of Permit Assistance end delete begin insert Governor’s Office of Business and
Economic Development end insert has been created begin delete in the Office of Planning
and Research end delete to assist, and provide information to, developers
relating to the permit approval process.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 66033 of the end insert begin insert Government Code end insert begin insert is repealed. end insert

begin delete

66033.  

(a) At the end of the mediation, the mediator shall file
a report with the Office of Permit Assistance, consistent with
Chapter 2 (commencing with Section 1115) of Division 9 of the
Evidence Code, containing each of the following:

(1) The title of the action.

(2) The names of the parties to the action.

(3) An estimate of the costs avoided, if any, because the parties
used mediation instead of litigation to resolve their dispute.

(b) The sole purpose of the report required by this section is the
collection of information needed by the office to prepare its report
to the Legislature pursuant to Section 66036.

end delete

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 25199.4 of the end insert begin insert Health and Safety Code end insert begin insert is
repealed. end insert

begin delete

25199.4.  

The Office of Permit Assistance in the Office of
Planning and Research shall, for any proposed hazardous waste
facility project, do all of the following:

(a)  Assist in identifying state and local permits required for the
proposed hazardous waste facility project.

(b)  Convene meetings or conferences, as necessary, prior to
the submittal of applications for permits to state and local agencies,
for the purpose of determining the scope of the hazardous waste
facility project, identifying the questions that state and local
agencies will have concerning the project, and determining
decisionmaking schedules.

(c)  Assist state and local agencies in consolidating public
meetings and hearings permitted or required by law or regulation
for approval of the permits for the project.

(d)  Encourage the joint review and processing of applications
for permits.

(e)  Work with the applicant and public agencies to ensure that
decisionmaking deadlines are met.

(f)  Call meetings or conferences to resolve questions or mediate
disputes arising from applications for a permit for a hazardous
waste facility project.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 25199.7 of the end insert begin insert Health and Safety Code end insert begin insert is
amended to read: end insert

25199.7.  

(a) At least 90 days before filing an application for
a land use decision for a specified hazardous waste facility project
with a local agency, the proponent shall file a notice of intent to
make the application with the begin delete Office of Permit Assistance in the
Office of Planning and Research end delete begin insert Department of Toxic Substances
Control end insert and with the applicable city or county. The notice of intent
shall specify the location to which the notice of intent is applicable
and shall contain a complete description of the nature, function,
and scope of the project. The begin delete Office of Permit Assistance end delete
begin insert Department of Toxic Substances Control end insert shall immediately notify
affected state agencies of the notice of intent. The local agency
shall publish a notice in a newspaper of general circulation in the
area affected by the proposed project, shall post notices in the
location where the proposed project is located, and shall notify,
by a direct mailing, the owners of contiguous property, as shown
in the latest equalized assessment roll. A notice of intent filed with
a local agency shall be accompanied by a fee which shall be set
by the local agency in an amount equal to the local agency’s cost
of processing the notice of intent and carrying out the notification
requirements of this subdivision. A notice of intent is not
transferable to a location other than the location specified in the
notice and shall remain in effect for one year from the date it is
filed with a local agency or until it is withdrawn by the proponent,
whichever is earlier.

(b) A notice of intent is not effective and a proponent may not
file an application for a land use decision for a specified hazardous
waste facility project with a local agency unless the proponent has
first complied with subdivision (a).

(c) Within 90 days after a notice of intent is filed with the begin delete Office
of Permit Assistance end delete begin insert Department of Toxic Substances Control end insert
pursuant to subdivision (a), the begin delete office end delete begin insert department end insert shall convene a
public meeting in the affected city or county to inform the public
on the nature, function, and scope of the proposed specified
hazardous waste facility project and the procedures that are required
for approving applications for the project.

(d) The legislative body of the affected local agency shall
appoint a seven member local assessment committee to advise it
in considering an application for a land use decision for a specified
hazardous waste facility project. The members of the local
assessment committee may be appointed at any time after the notice
of intent is filed with the local agency but shall be appointed not
later than 30 days after the application for the land use decision is
accepted as complete by the local agency. The local agency shall
charge the project proponent a fee to cover the local agency’s costs
of establishing and convening the local assessment committee.
The fee shall accompany the application for a land use decision.

(1) The membership of the committee shall be broadly
constituted to reflect the makeup of the community, and shall
include three representatives of the community at large, two
representatives of environmental or public interest groups, and
two representatives of affected businesses and industries. Members
of local assessment committees selected pursuant to this
subdivision shall have no direct financial interest, as defined in
Section 87103 of the Government Code, in the proposed specified
hazardous waste facility project.

(2) The local assessment committee shall, as its primary
function, advise the appointing legislative body of the affected
local agency of the terms and conditions under which the proposed
hazardous waste facility project may be acceptable to the
community. To carry out this function, the local assessment
committee shall do all of the following:

(A) Enter into a dialogue with the proponent for the proposed
hazardous waste facility project to reach an understanding with
the proponent on both of the following:

(i) The measures that should be taken by the proponent in
connection with the operation of the proposed hazardous waste
facility project to protect the public health, safety, and welfare,
and the environment of the city or county.

(ii) The special benefits and remuneration the facility proponent
will provide the city or county as compensation for the local costs
associated with the operation of the facility.

(B) Represent generally, in meetings with the project proponent,
the interests of the residents of the city or county and the interests
of adjacent communities.

(C) Receive and expend any technical assistance grants made
available pursuant to subdivision (g).

(D) Adopt rules and procedures which are necessary to perform
its duties.

(E) Advise the legislative body of the city or county of the terms,
provisions, and conditions for project approval which have been
agreed upon by the committee and the proponent, and of any
additional information which the committee deems appropriate.
The legislative body of the city or county may use this advice for
its independent consideration of the project.

(3) The legislative body of the affected jurisdiction shall provide
staff resources to assist the local assessment committee in
performing its duties.

(4) A local assessment committee established pursuant to this
subdivision shall cease to exist after final administrative action by
state and local agencies has been taken on the permit applications
for the project for which the committee was convened.

(e) A local agency shall notify the begin delete Office of Permit Assistance end delete
begin insert Department of Toxic Substances Control end insert within 10 days after an
application for a land use decision for a specified hazardous waste
facility project is accepted as complete by the local agency and,
within 60 days after receiving this notice, the begin delete Office of Permit
Assistance end delete begin insert Department of Toxic Substances Control end insert shall convene
a meeting of the lead and responsible agencies for the project, the
proponent, the local assessment committee, and the interested
public, for the purpose of determining the issues which concern
the agencies that are required to approve the project and the issues
which concern the public. The meeting shall take place in the
jurisdiction where the application has been filed.

(f) Following the meeting required by subdivision (e), the
proponent and the local assessment committee appointed pursuant
to subdivision (d) shall meet and confer on the specified hazardous
waste facility project proposal for the purpose of establishing the
terms and conditions under which the project will be acceptable
to the community.

(g) (1)  If the local assessment committee finds that it requires
assistance and independent advice to adequately review a proposed
hazardous waste facility project, it may request technical assistance
grants from the local agency to enable the committee to hire a
consultant. The committee may use technical assistance grant funds
made available to it to hire a consultant to do either, or both, of
the following:

(A) Assist the committee in reviewing and evaluating the
application for the project, the environmental documents prepared
for the project pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000) of the Public
Resources Code) and any other documents, materials, and
information that are required by a public agency in connection
with the application for a land use decision or a permit.

(B)  Advise the local assessment committee in its meetings and
discussions with the facility proponent to seek agreement on the
terms and conditions under which the project will be acceptable
to the community.

(2) The local agency shall require the proponent of the proposed
hazardous waste facility project to pay a fee equal to the amount
of any technical assistance grant provided the local assessment
committee under paragraph (1). The funds received as a result of
the imposition of the fee shall be used to make technical assistance
grants exclusively for the purposes described in paragraph (1).

(3) The local agency shall deposit any fee imposed pursuant to
paragraph (2) in an account created in the city or county treasury,
maintain records of all expenditures from the account, and return
any unused funds and accrued interest to the project proponent
upon completion of the review of the proposed hazardous waste
facility project.

begin delete

(h) If the local assessment committee and the proponent cannot
resolve any differences through the meetings, the Office of Permit
Assistance may assist in this resolution pursuant to Section
25199.4.

(i)

end delete

begin insert (h) end insert  This section applies only to a specified hazardous waste
facility project.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 25616 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

25616.  

(a) It is the intent of the Legislature to encourage local
agencies to expeditiously review permit applications to site energy
projects, and to encourage energy project developers to consider
all cost-effective and environmentally superior alternatives that
achieve their project objectives.

(b) Subject to the availability of funds appropriated therefor,
the commission shall provide technical assistance and grants-in-aid
to assist local agencies to do either or both of the following:

(1) Site energy production or transmission projects which are
not otherwise subject to the provisions of Chapter 6 (commencing
with Section 25500).

(2) Integrate into their planning processes, and incorporate into
their general plans, methods to achieve cost-effective energy
efficiency.

(c) The commission shall provide assistance at the request of
local begin delete agencies and shall coordinate that assistance with the
assistance provided by the Department of Permit Assistance,
created pursuant to Section 15399.50 of the Government Code. end delete
begin insert agencies. end insert

(d) As used in this section, an energy project is any project
designed to produce, convert, or transmit energy as one of its
primary functions.

begin delete

SECTION 1.  

Section 488 of the Public Utilities Code is
amended to read:

488.  

(a) Subject to any rules the commission may prescribe,
the schedules of carriers shall be produced and made available for
inspection upon the demand of any person. The form of a schedule
shall be prescribed by the commission and shall conform, in the
case of any common carrier subject to federal regulation, as nearly
as possible to the form of schedules prescribed by the federal
Surface Transportation Board.

(b) Subdivision (a) is not applicable to network railroad
transportation.

end delete