Amended in Assembly April 6, 2016

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 Sections 65460.5 and 65923.8 of, begin insert to amend and renumber Section 12019.5 of, to add Article 4.5 (commencing with Section 12097) to Chapter 1.6 of Part 2 of Division 3 of Title 2 to, end insert 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.

LEGISLATIVE COUNSEL’S DIGEST

AB 2605, as amended, Nazarian. State government: Office of Permit Assistance.

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.

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.

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.

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

begin insert

Existing law requires the Director of the Governor’s Office of Business and Economic Development to ensure that the office’s Internet Web site contains information to assist an individual with the licensing, permitting, and registration requirements necessary to start a business, including fee requirements and fee schedules of state agencies.

end insert begin insert

This bill would establish the California Permit Assistance Program within the Governor’s Office of Business and Economic Development under the authority of the director. The bill would require the program to, among other things, provide direct permitting and regulatory compliance assistance to businesses and provide mediation and 3rd-party neutral facilitation to resolve conflicts between applicants and permitting entities. The bill would require the program to manage and regularly update the tools provided on the office’s Internet Web site. The bill would require the office to report annually on the activities and outcomes of the program.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. 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 Article 4.5 (commencing with Section 12097) is
added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the end insert begin insert
Government Code end insert begin insert , to read: end insert

begin insert

 

Article begin insert 4.5. end insert   California Permit Assistance

 

begin insert 12097. end insert   

(a) The California Permit Assistance Program is hereby
created within the Governor’s Office of Business and Economic
Development under the authority of the director.

(b) The program shall do all of the following:

(1) Provide direct permitting and regulatory compliance
assistance to businesses.

(2) Assist businesses in accessing information and resources
related to permitting and regulatory compliance.

(3) Provide mediation and third-party neutral facilitation to
resolve conflicts between applicants and permitting entities.

(4) Work with federal, state, regional, and local permitting and
regulatory entities to exchange best practices and implement
improvements to modernize permitting processes.

(5) Manage and regularly update the office’s Internet Web site
pursuant to Section 12097.1.

(c) In implementing the program, the director shall work
cooperatively with local, regional, federal, and other state public
agencies and private sector business and economic development
organizations.

(d) Notwithstanding Section 10231.5, the Governor’s Office of
Business and Economic Development shall report to the Governor
and the Legislature annually on the activities and outcomes of the
program.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 12019.5 of the end insert begin insert Government Code end insert begin insert is amended
and renumbered to read: end insert

begin delete 12019.5. end delete

begin insert 12097.1. end insert   

(a) The begin delete Director of the Governor’s Office of Business
and Economic Development end delete begin insert director end insert shall ensure that the office’s
Internet Web site contains information on the licensing, permitting,
and registration requirements of state agencies, and shall include,
but not be limited to, information that does all of the following:

(1) Assists individuals with identifying the type of applications,
forms, or other similar documents an applicant may need.

(2) Provides a direct link to a digital copy of all state licensing,
permitting, and registration applications, forms, or other similar
documents where made available for download.

(3) Instructs individuals on how and where to submit
applications, forms, or other similar documents.

(b) The begin delete Director of the Governor’s Office of Business and
Economic Development end delete begin insert director end insert shall ensure that the office’s
Internet Web site contains information on the fee requirements
and fee schedules of state agencies, and shall include, but not be
limited to, information that does all of the following:

(1) Assists individuals with identifying the types of fees and
their due dates.

(2) Provides direct links to the fee requirements and fee
schedules for all state agencies, where made available for
download.

(3) Instructs individuals on how and where to submit payments.

(c) The begin delete Governor’s Office of Business and Economic
Development end delete begin insert office end insert shall ensure that the Internet Web site is
user-friendly and provides accurate, updated information.

(d) (1) Each state agency that has licensing, permitting, or
registration authority shall provide direct links to information about
its licensing, permitting, and registration requirements and fee
schedule to the begin delete Governor’s Office of Business and Economic
Development. end delete begin insert office. end insert

(2) A state agency shall not use the Internet Web site established
under this section as the exclusive source of information for the
public to access licensing requirements and fees for that agency.

(e) The begin delete Governor’s Office of Business and Economic
Development end delete begin insert office end insert may impose a reasonable fee, not to exceed
the actual cost to provide the service, as a condition of accessing
information on the Internet Web site established under subdivisions
(a) and (b).

begin delete SECTION 1. end delete

begin insert SEC. 3. end insert   

Section 65460.5 of the Government Code is amended
to read:

65460.5.  

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

begin delete SEC. 2. end delete

begin insert SEC. 4. end insert   

Section 65923.8 of the Government Code is amended
to read:

65923.8.  

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

begin delete SEC. 3. end delete

begin insert SEC. 5. end insert   

Section 66033 of the Government Code is repealed.

begin delete SEC. 4. end delete

begin insert SEC. 6. end insert   

Section 25199.4 of the Health and Safety Code is
repealed.

begin delete SEC. 5. end delete

begin insert SEC. 7. end insert   

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

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 Department of Toxic Substances
Control 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 Department of Toxic Substances
Control 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
Department of Toxic Substances Control pursuant to subdivision
(a), the department 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 Department of Toxic
Substances Control 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 Department of Toxic Substances Control
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.

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

begin delete SEC. 6. end delete

begin insert SEC. 8. end insert   

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

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 agencies.

(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.