Amended in Assembly April 20, 2016

Amended in Assembly April 6, 2016

Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2605


Introduced by Assembly Member Nazarian

February 19, 2016


An act to amend Sections 65460.5 and 65923.8 of, 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, 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.

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.

This bill would establish thebegin delete Californiaend delete Permit Assistance Program within the Governor’s Office of Business and Economicbegin delete Development under the authority of the director.end deletebegin insert Development.end insert The bill would require the program to, among other things, providebegin delete directend delete permitting and regulatory compliance assistance to businesses and provide mediation and 3rd-party neutral facilitation to resolve conflicts between applicants and permittingbegin insert and regulatoryend insert 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.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Article 4.5 (commencing with Section 12097) is
2added to Chapter 1.6 of Part 2 of Division 3 of Title 2 of the 3Government Code, to read:

4 

5Article 4.5.  California Permit Assistance
6

 

7

12097.  

(a) Thebegin delete Californiaend delete Permit Assistance Program is hereby
8created within the Governor’s Office of Business and Economic
9
begin delete Development under the authority of the director.end deletebegin insert Development.end insert

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

P3    1(1) Providebegin delete directend delete permitting and regulatory compliance
2assistance to businesses.

3(2) Assist businesses in accessing information and resources
4related to permitting and regulatory compliance.

5(3) Provide mediation and third-party neutral facilitation to
6resolve conflicts between applicants and permittingbegin insert and regulatoryend insert
7 entities.

8(4) Work with federal, state, regional, and local permitting and
9regulatory entities to exchange best practices and implement
10improvements to modernize permitting processes.

11(5) Manage and regularly update the office’s Internet Web site
12pursuant to Section 12097.1.

13(c) begin deleteIn implementing the program, the director end deletebegin insertThe programend insert shall
14work cooperatively with local, regional, federal, and other state
15public agencies and private sector business and economic
16development organizations.

17(d) Notwithstanding Section 10231.5, the Governor’s Office of
18Business and Economic Development shall report to the Governor
19and the Legislature annually on the activities and outcomes of the
20program.

21

SEC. 2.  

Section 12019.5 of the Government Code is amended
22and renumbered to read:

23

12097.1.  

(a) The director shall ensure that the office’s Internet
24Web site contains information on the licensing, permitting, and
25registration requirements of state agencies, and shall include, but
26not be limited to, information that does all of the following:

27(1) Assists individuals with identifying the type of applications,
28forms, or other similar documents an applicant may need.

29(2) Provides a direct link to a digital copy of all state licensing,
30permitting, and registration applications, forms, or other similar
31documents where made available for download.

32(3) Instructs individuals on how and where to submit
33applications, forms, or other similar documents.

34(b) The director shall ensure that the office’s Internet Web site
35contains information on the fee requirements and fee schedules of
36state agencies, and shall include, but not be limited to, information
37that does all of the following:

38(1) Assists individuals with identifying the types of fees and
39their due dates.

P4    1(2) Provides direct links to the fee requirements and fee
2schedules for all state agencies, where made available for
3download.

4(3) Instructs individuals on how and where to submit payments.

5(c) The office shall ensure that the Internet Web site is
6user-friendly and provides accurate, updated information.

7(d) (1) Each state agency that has licensing, permitting, or
8registration authority shall provide direct links to information about
9its licensing, permitting, and registration requirements and fee
10schedule to the office.

11(2) A state agency shall not use the Internet Web site established
12under this section as the exclusive source of information for the
13public to access licensing requirements and fees for that agency.

14(e) The office may impose a reasonable fee, not to exceed the
15actual cost to provide the service, as a condition of accessing
16information on the Internet Web site established under subdivisions
17(a) and (b).

18

SEC. 3.  

Section 65460.5 of the Government Code is amended
19to read:

20

65460.5.  

A city or county establishing a district and preparing
21a plan pursuant to this article shall be eligible for available
22transportation funding.

23

SEC. 4.  

Section 65923.8 of the Government Code is amended
24to read:

25

65923.8.  

Any state agency which is the lead agency for a
26development project shall inform the applicant for a permit that
27the Governor’s Office of Business and Economic Development
28has been created to assist, and provide information to, developers
29relating to the permit approval process.

30

SEC. 5.  

Section 66033 of the Government Code is repealed.

31

SEC. 6.  

Section 25199.4 of the Health and Safety Code is
32repealed.

33

SEC. 7.  

Section 25199.7 of the Health and Safety Code is
34amended to read:

35

25199.7.  

(a) At least 90 days before filing an application for
36a land use decision for a specified hazardous waste facility project
37with a local agency, the proponent shall file a notice of intent to
38make the application with the Department of Toxic Substances
39Control and with the applicable city or county. The notice of intent
40shall specify the location to which the notice of intent is applicable
P5    1and shall contain a complete description of the nature, function,
2and scope of the project. The Department of Toxic Substances
3Control shall immediately notify affected state agencies of the
4notice of intent. The local agency shall publish a notice in a
5newspaper of general circulation in the area affected by the
6proposed project, shall post notices in the location where the
7proposed project is located, and shall notify, by a direct mailing,
8the owners of contiguous property, as shown in the latest equalized
9assessment roll. A notice of intent filed with a local agency shall
10be accompanied by a fee which shall be set by the local agency in
11an amount equal to the local agency’s cost of processing the notice
12of intent and carrying out the notification requirements of this
13subdivision. A notice of intent is not transferable to a location
14other than the location specified in the notice and shall remain in
15effect for one year from the date it is filed with a local agency or
16until it is withdrawn by the proponent, whichever is earlier.

17(b) A notice of intent is not effective and a proponent may not
18file an application for a land use decision for a specified hazardous
19waste facility project with a local agency unless the proponent has
20first complied with subdivision (a).

21(c) Within 90 days after a notice of intent is filed with the
22Department of Toxic Substances Control pursuant to subdivision
23(a), the department shall convene a public meeting in the affected
24city or county to inform the public on the nature, function, and
25scope of the proposed specified hazardous waste facility project
26and the procedures that are required for approving applications for
27the project.

28(d) The legislative body of the affected local agency shall
29appoint a seven member local assessment committee to advise it
30in considering an application for a land use decision for a specified
31hazardous waste facility project. The members of the local
32assessment committee may be appointed at any time after the notice
33of intent is filed with the local agency but shall be appointed not
34later than 30 days after the application for the land use decision is
35accepted as complete by the local agency. The local agency shall
36charge the project proponent a fee to cover the local agency’s costs
37of establishing and convening the local assessment committee.
38The fee shall accompany the application for a land use decision.

39(1) The membership of the committee shall be broadly
40constituted to reflect the makeup of the community, and shall
P6    1include three representatives of the community at large, two
2representatives of environmental or public interest groups, and
3two representatives of affected businesses and industries. Members
4of local assessment committees selected pursuant to this
5subdivision shall have no direct financial interest, as defined in
6Section 87103 of the Government Code, in the proposed specified
7hazardous waste facility project.

8(2) The local assessment committee shall, as its primary
9function, advise the appointing legislative body of the affected
10local agency of the terms and conditions under which the proposed
11hazardous waste facility project may be acceptable to the
12community. To carry out this function, the local assessment
13committee shall do all of the following:

14(A) Enter into a dialogue with the proponent for the proposed
15hazardous waste facility project to reach an understanding with
16the proponent on both of the following:

17(i) The measures that should be taken by the proponent in
18connection with the operation of the proposed hazardous waste
19facility project to protect the public health, safety, and welfare,
20and the environment of the city or county.

21(ii) The special benefits and remuneration the facility proponent
22will provide the city or county as compensation for the local costs
23associated with the operation of the facility.

24(B) Represent generally, in meetings with the project proponent,
25the interests of the residents of the city or county and the interests
26of adjacent communities.

27(C) Receive and expend any technical assistance grants made
28available pursuant to subdivision (g).

29(D) Adopt rules and procedures which are necessary to perform
30its duties.

31(E) Advise the legislative body of the city or county of the terms,
32provisions, and conditions for project approval which have been
33agreed upon by the committee and the proponent, and of any
34additional information which the committee deems appropriate.
35The legislative body of the city or county may use this advice for
36its independent consideration of the project.

37(3) The legislative body of the affected jurisdiction shall provide
38staff resources to assist the local assessment committee in
39performing its duties.

P7    1(4) A local assessment committee established pursuant to this
2subdivision shall cease to exist after final administrative action by
3state and local agencies has been taken on the permit applications
4for the project for which the committee was convened.

5(e) A local agency shall notify the Department of Toxic
6Substances Control within 10 days after an application for a land
7use decision for a specified hazardous waste facility project is
8accepted as complete by the local agency and, within 60 days after
9receiving this notice, the Department of Toxic Substances Control
10shall convene a meeting of the lead and responsible agencies for
11the project, the proponent, the local assessment committee, and
12the interested public, for the purpose of determining the issues
13which concern the agencies that are required to approve the project
14and the issues which concern the public. The meeting shall take
15place in the jurisdiction where the application has been filed.

16(f) Following the meeting required by subdivision (e), the
17proponent and the local assessment committee appointed pursuant
18to subdivision (d) shall meet and confer on the specified hazardous
19waste facility project proposal for the purpose of establishing the
20terms and conditions under which the project will be acceptable
21to the community.

22(g) (1)  If the local assessment committee finds that it requires
23assistance and independent advice to adequately review a proposed
24hazardous waste facility project, it may request technical assistance
25grants from the local agency to enable the committee to hire a
26consultant. The committee may use technical assistance grant funds
27made available to it to hire a consultant to do either, or both, of
28the following:

29(A) Assist the committee in reviewing and evaluating the
30application for the project, the environmental documents prepared
31for the project pursuant to the California Environmental Quality
32Act (Division 13 (commencing with Section 21000) of the Public
33Resources Code) and any other documents, materials, and
34information that are required by a public agency in connection
35with the application for a land use decision or a permit.

36(B)  Advise the local assessment committee in its meetings and
37discussions with the facility proponent to seek agreement on the
38terms and conditions under which the project will be acceptable
39to the community.

P8    1(2) The local agency shall require the proponent of the proposed
2hazardous waste facility project to pay a fee equal to the amount
3of any technical assistance grant provided the local assessment
4committee under paragraph (1). The funds received as a result of
5the imposition of the fee shall be used to make technical assistance
6grants exclusively for the purposes described in paragraph (1).

7(3) The local agency shall deposit any fee imposed pursuant to
8paragraph (2) in an account created in the city or county treasury,
9maintain records of all expenditures from the account, and return
10any unused funds and accrued interest to the project proponent
11upon completion of the review of the proposed hazardous waste
12facility project.

13(h) This section applies only to a specified hazardous waste
14facility project.

15

SEC. 8.  

Section 25616 of the Public Resources Code is
16amended to read:

17

25616.  

(a) It is the intent of the Legislature to encourage local
18agencies to expeditiously review permit applications to site energy
19projects, and to encourage energy project developers to consider
20all cost-effective and environmentally superior alternatives that
21achieve their project objectives.

22(b) Subject to the availability of funds appropriated therefor,
23the commission shall provide technical assistance and grants-in-aid
24to assist local agencies to do either or both of the following:

25(1) Site energy production or transmission projects which are
26not otherwise subject to the provisions of Chapter 6 (commencing
27with Section 25500).

28(2) Integrate into their planning processes, and incorporate into
29their general plans, methods to achieve cost-effective energy
30efficiency.

31(c) The commission shall provide assistance at the request of
32local agencies.

33(d) As used in this section, an energy project is any project
34designed to produce, convert, or transmit energy as one of its
35primary functions.



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