BILL ANALYSIS Ó
AB 2605
Page 1
Date of Hearing: April 5, 2016
ASSEMBLY COMMITTEE ON JOBS, ECONOMIC DEVELOPMENT, AND THE
ECONOMY
Eduardo Garcia, Chair
AB 2605
(Nazarian) - As Amended March 18, 2016
SUBJECT: State Government: Office of Permit Assistance
SUMMARY: Updates code sections to reflect the elimination of
the Office of Permit Assistance which had been administered
through the Technology, Trade, and Commerce Agency (TTCA) and
the Office of Permit Assistance which had been operated by the
Governor's Office of Planning and Research (OPR). Neither of
these two Offices of Permit Assistance currently exist. In some
instances another state entity is assigned the task and in other
cases the Office of Permit Assistance duty is eliminated.
Specifically, this bill:
1)Replaces the Office of Permit Assistance formerly operated by
OPR with the Governor's Office of Business and Economic
Development (GO-Biz) as the entity to which developers needing
information and assistance on the permit approval process are
referred. Under existing law, a state agency which is the
lead agency for a development project is required to inform a
permit applicant that the OPR Office of Permit Assistance is
available to provide information about the permitting process.
2)Deletes the requirement that a final report be filed upon the
conclusion of a state mediated land use dispute, including
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mediation on public actions related to local general plans and
zoning, the California Environmental Quality Act, development
impact fees, annexations and incorporations, and the Permit
Streamlining Act. This information was to be used to prepare
a report that is no longer required. Also deletes an
out-of-date reference to the Office of Permit Assistance at
the former TTCA as the entity that the final report is to be
filed.
3)Removes the requirement that OPR's Office of Permit Assistance
assist, among other things, in identifying state and local
permits required for proposed hazardous waste facility
projects; convene meetings prior to the submittal of project
applications; assist state and local agencies in consolidating
public meetings and hearings permitted or required by law;
work with applicants to ensure decision making deadlines are
met; and call meetings and conferences to resolve questions or
mediate disputes.
4)Replaces OPR's Office of Permit Assistance with the Department
of Toxic Substances Control as the responsible agency for
notifying affected state agencies regarding the filing of a
notice of intent to file an application for the siting of a
hazardous waste facility, and the
convening of a public meeting to inform the public on the
nature, function, and scope of a proposed hazardous waste
facility. The Department of Toxic Substances Control also
becomes the state government entity notified by a local agency
following a land use decision related to the siting of a new
hazardous waste facility.
5)Deletes the option for a local assessment committee and a
proponent of a hazardous waste facility to request assistance
from OPR's Office of Permit Assistance to help resolve
differences that occur during the review and evaluation of the
facility permit application. No replacement government entity
is provided.
6)Deletes the requirement that the Office of Permit Assistance,
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at the former TTCA, offer assistance to local governments
interested in establishing an expedited permit process related
to the Transit Village Development Planning Act of 1994.
7)Deletes the requirement for the Commission to coordinate local
assistance with the Office of Permit Assistance at the former
TTCA relating to the siting of renewable energy projects.
EXISTING LAW:
1)Authorizes GO-Biz to market business and investment
opportunities available in California by working in
partnership with local, regional, federal, and other state
public and private institutions to encourage business
development and investment in the state.
2)Authorizes GO-Biz to support small businesses by providing
information about accessing capital, complying with
regulations, and supporting state initiatives that support
small business.
3)Authorizes GO-Biz to provide, including, but not limited to,
all of the following:
a) Economic and demographic data;
b) Financial information to help link businesses with state
and local public and private programs;
c) Workforce information, including, but not limited to,
labor availability, training, and education programs;
d) Transportation and infrastructure information;
e) Assistance in obtaining state and local permits;
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f) Information on tax credits and other incentives; and
g) Permitting, siting, and other regulatory information
pertinent to business operations in the state.
4)Authorizes GO-Biz to work cooperatively with local, regional,
federal, and other state public and private marketing
institutions and trade organizations in attracting, retaining,
and helping businesses grow and be successful in California.
FISCAL EFFECT: Unknown
POLICY ISSUE FRAME
It is the author's intent that this bill remove outdated
provisions of the code relating to the duties of the Office of
Permit Assistance, previously undertaken by the TTCA and OPR.
In reviewing the measure for hearing, the JEDE staff have
requested information on the prior duties and asked for
conformation from the state entities which are proposed to take
on the new duties. In each case, confirmation has been
provided.
Technical and code maintenance bills can be deceivingly complex.
While the bill addresses several code deficiencies, two policy
issues arise with those changes. The first issue being the
assignment of permit assistance responsibilities to GO-Biz.
While GO-Biz is ready to step in and currently operates a unit
that provides permit assistance, GO-Biz may need additional
statutory direction to become statutorily responsible for this
new duty.
In the second issue, a section is struck regarding the
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assistance of the OPR Office of Permit Assistance in helping to
resolve ongoing differences between a local assessment committee
and an applicant for siting a new hazardous waste facility. It
may be prudent to retain the duty and assign a different state
entity to facilitating disputes.
The analysis includes background on the statutory history of the
Office of Permit assistance and GO-Biz' current Permit
Assistance Unit. Amendments are discussed in Comment 3.
COMMENTS:
1)Author Purpose: According to the Author, "In 2003, the
Legislature abolished the State Technology, Trade and Commerce
Agency, including with it the Office of Permit Assistance.
The GO-Biz Permit Assistance Unit in now responsible for many
of the duties previously given to the Office of Permit
Assistance, including providing direct permit assistance to
businesses, administering Cal-GOLD, and assisting with
permitting projects of statewide importance.
Additionally, since the abolishment of the Office of Permit
Assistance, the Department of Toxic Substances Control has
taken over the functions related to the permitting of
hazardous waste facilities. However, current law still
prescribes many aforementioned duties to the old Office of
Permit Assistance. AB 2605 makes clarifying changes related
to GO-Biz and the Department of Toxic Substance Control
reduces ambiguity and overall, advances the state goal of
empowering and creating business growth in the state of
California."
2)Permit Assistance Unit at GO-Biz: The Permit Assistance Unit
within GO-Biz provides businesses with comprehensive permit,
regulatory, and compliance assistance. Among other services,
the unit schedules pre-application meetings between businesses
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and the appropriate regulatory agencies to help streamline the
permitting process. In some instances, GO-Biz can assign a
project manager to personally guide an applicant through the
entire permit process. Services are confidential and provided
without cost. The goal of the unit is to help businesses
solve permitting and regulatory challenges.
The Office of Permit Assistance works in partnership with the
California Business Investment Service, and other GO-Biz units
in serving employers, corporate executives, business owners,
and site location consultants who are considering California
for business investment and expansion.
The unit is also responsible for maintaining the California
Government Online to Desktops (CalGOLD) website. At
www.calgold.ca.gov businesses can obtain a list of the
required federal, state, and local permits; webpage links;
addresses; application forms; and other contact information.
In July 2015, GO-Biz launched the California Business Portal
which expanded on the utility and availability of a searchable
online application that could provide individualized
information to businesses.
http://www.business.ca.gov/Programs/Permits.aspx
3)Uncodified Program at GO-Biz: The Permit Assistance Unit was
established by GO-Biz, based on its statutory authority to
provide assistance to businesses in obtaining state and local
permits and support small businesses with complying with
regulatory requirements, which may include permitting. Prior
to the demise of the TTCA, the state operated an Office of
Permit Assistance and maintained small regional offices to
help businesses obtain permits.
As an uncodified program, a future Administration may choose
to not operate a Permit Assistance Office. Current statute
does not require GO-Biz to offer permit assistance, statute
only authorizes the activity among an array of other actions
GO-Biz may take. Members may wish to consider first
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establishing a Permit Assistance Program in statute, thereby
making it clear that permit assistance is a primary duty of
GO-Biz.
4)Challenges with Tracking Business Assistance: When GO-Biz was
codified in 2011, it had limited technology capabilities.
Business services were largely tracked through unit-specific
data bases, which could not easily account for a business who
received assistance through multiple units within GO-Biz or
quickly produce a report differentiating between in-state and
out-of-state businesses. It is not unusual, as an example,
for a business looking to relocate to California to work with
the Permit Assistance Unit, the California Business Investment
Services, and the Office of Innovation and Entrepreneurship.
GO-Biz recognized these data collection and retrieval
challenges and is currently in the process of transitioning to
a new Customer Relationship Management computer-based
platform. According to GO-Biz, the new system, related to the
development of the California Business Portal, will allow for
improved data management.
Members may wish to pursue a discussion with GO-Biz on the
content of the new tracking criteria so that in the future,
GO-Biz can provide timely reports on the businesses seeking
permit assistance, including the headquarters of those
businesses, and the types of permit challenges the businesses
were experiencing.
5)Related Legislation: Below is a list of the related bills.
a) SB 992 (Garamendi) Office of Permit Assistance: This
bill created the Office of Permit Assistance within the
Office of Planning and Research and delegated certain
responsibilities, including providing information to
developers and mediating disputes. Status: Signed by the
Governor, Chapter 1263, Statutes of 1983.
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b) AB 2351 (Assembly Ways and Means) Permit Assistance at
the Commerce Agency: This bill, among other actions,
eliminated the Office of Permit Assistance at the
Governor's Office of Planning and Research and established
the Department of Permit Assistance at the California Trade
and Commerce Agency. The new department was vested with
all of the duties and purposes of the Office of Permit
Assistance. Status: Signed by the Governor, Chapter 56,
Statutes of 1993
c) AB 1102 (Jackson) Regional Permit Assistance Centers:
This bill defined the duties of the Deputy Secretary for
Enforcement and the Deputy Secretary for External Affairs
in the California Environmental Protection Agency. The
bill also authorized the establishment of Permit Assistance
Centers, and environmental management system pilot
projects. Status: Signed by the Governor, Chapter 65,
Statutes of 1999.
d) AB 1756 (Assembly Budget Committee) Repeal of Commerce
Agency and Permit Centers: This bill eliminated the
Technology, Trade and Commerce Agency, including the Office
of Permit Assistance. Some programs were transferred to
other agencies, including the Small Business Loan Guarantee
Program and the California Business Investment Services.
The bill also eliminated the authority for the regional
Permit Assistance Centers. Status: Signed by the
Governor, Chapter 228, Statutes of 2003.
6)Double Referral: This measure has been double referred to the
Assembly Committee on Jobs, Economic Development, and the
Economy and the Assembly Committee on Environmental Safety and
Toxic Materials (ESTM). Should this measure pass JEDE, it
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will be referred to ESTM for further policy consideration.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association for Local Economic Development (sponsor)
Opposition
None Received
Analysis Prepared by:Toni Symonds / J., E.D., & E. / (916)
319-2090