BILL ANALYSIS Ó
SENATE COMMITTEE ON
BUSINESS, PROFESSIONS AND ECONOMIC DEVELOPMENT
Senator Jerry Hill, Chair
2015 - 2016 Regular
Bill No: AB 2605 Hearing Date: June 13,
2016
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|Author: |Nazarian |
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|Version: |April 20, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant|Nicole Billington |
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Subject: State government: Office of Permit Assistance
SUMMARY: Establishes the Permit Assistance Program within the
Governor's Office of Business and Economic Development (GO-Biz).
Removes references to the non-existent Office of Permit
Assistance (OPA), which previously existed within the Governor's
Office of Planning and Research (OPR) and subsequently within
the Technology, Trade and Commerce Agency (TTCA), and replaces
references with the appropriate state entity.
Existing law:
1)Establishes GO-Biz to serve as the lead state entity for
economic strategy and marketing of California on issues
relating to business development, private sector investment,
and economic growth. (Government Code (GC) §§ 12096 -
12098.5)
2)Authorizes GO-Biz to provide, including but not limited to,
the following:
(GC § 12096.3)
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,
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labor availability, training, and education programs;
d) Transportation and infrastructure information;
e) Assistance in obtaining state and local permits;
f) Information on tax credits and other incentives; and
g) Permitting, siting, and other regulatory information
pertinent to business operations in the state.
This bill:
1) Codifies the Permit Assistance Program (Program) within
GO-Biz and requires it do the following:
a) Provide permitting and regulatory compliance
assistance to businesses.
b) Assist businesses in accessing information and
resources related to permitting and regulatory
compliance.
c) Provide mediation and third-party neutral
facilitation to resolve conflicts between applicants and
permitting and regulatory entities.
d) Work with federal, state, regional, and local
permitting and regulatory entities to exchange best
practices and implement improvements to modernize
permitting processes.
e) Manage and regularly update the office's Internet
website pursuant to Section 12097.1.
f) Work cooperatively with local, regional, federal,
and other state public agencies, private sector business,
and economic development organizations.
g) Report to the Governor and the Legislature annually
on the activities and outcomes of the Program.
2) Designates the Department of Toxic Substances Control (DTSC),
instead of OPA, as the entity with whom a proponent of a
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hazardous waste facility project must file a notice of intent
for a land use change and requires DTSC to immediately notify
affected state agencies of the notice of intent. Also
requires DTSC to assume certain public meeting requirements.
3) Requires DTSC, instead of OPA, to be notified by a local
agency after an application for a land use decision regarding
a proposed hazardous waste facility has been accepted.
4) Deletes other obsolete references to OPA.
5) Makes references to GO-Biz and the Director of GO-Biz
consistent throughout code.
FISCAL
EFFECT: According to the Assembly Appropriations Committee
analysis dated April 20, 2016, this bill will have minor and
absorbable costs to GO-Biz and no additional costs to DTSC.
COMMENTS:
1. Purpose. The sponsor of this bill is the California
Association for Local Economic Development . According to the
Author, "The Office of Permit Assistance was dissolved with
the [TTCA] via a budget trailer bill in 2003. As a result,
several references to the office in various sections of code
were not updated and continue to reference the office despite
the fact it is no longer in existence. AB 2605 makes minor
changes and clears up any possible ambiguity between the old
office and new unit and further clarifies the
responsibilities of the GO-Biz Permit Assistance Unit and the
Department of Toxic of Substances Control."
2. History of State Permit Assistance. OPR created OPA in 1977,
which the Legislature later institutionalized with SB 992
(Garamendi, Chapter 1263, Statutes of 1983). GC § 65923.8
describes OPA's role to "assist, and provide information to,
developers relating to the permit approval process." The
Legislature moved OPA to the TTCA in 1993 with AB 2351
(Assembly Ways and Means Committee, Chapter 56, Statutes of
1993). The California Environmental Protection Agency
(CalEPA) also set up regional Permit Assistance Centers,
AB 2605 (Nazarian) Page 4
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which the Legislature institutionalized in 1999 with AB 1102
(Jackson, Chapter 65, Statutes of 1999).
In 2003 with AB 1756 (Assembly Budget Committee, Chapter 228,
Statutes of 2013), the Legislature repealed the requirements
for CalEPA's permit assistance centers and abolished TTCA.
GO-Biz replaced many of the duties of TTCA.
3. Current Permit Assistance at GO-Biz. The Permit Assistance
Unit (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 in
complying with regulatory requirements, which may include
permitting. 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. Therefore, as an
uncodified program, a future Administration may choose to not
continue permit assistance under GO-Biz. This bill would
codify a permit assistance entity under GO-Biz in the GC.
The Unit provides businesses with comprehensive permit,
regulatory, and compliance assistance. It 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. Among other services, the Unit schedules
pre-application meetings between businesses 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 Unit is also responsible for maintaining the California
Government Online to Desktops (CalGOLD) website. On this
site, businesses can obtain a list of the required federal,
state, and local permits, as well as 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
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individualized information to businesses.
4.Prior Related Legislation. AB 29 (Pérez, Chapter 475, Statutes
of 2011) established GO-Biz within the Governor's Office to
serve as the lead entity for economic strategy and marketing
of California on issues relating to business development,
private sector investment, and economic growth.
AB 1756 (Assembly Budget Committee, Chapter 228, Statutes of
2003) eliminated the TTCA, including the OPA. 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 under CalEPA.
AB 1102 (Jackson, Chapter 65, Statutes of 1999) authorized the
establishment of Permit Assistance Centers and environmental
management system pilot projects.
AB 2351 (Assembly Ways and Means, Chapter 56, Statutes of
1993) eliminated the OPA at the GOPR and established the
Department of Permit Assistance at the TTCA. The new
department was vested with all of the duties and purposes of
the OPA.
SB 992 (Garamendi, Chapter 1263, Statutes of 1983) created the
OPA within the GOPR and delegated certain responsibilities,
including providing information to developers and mediating
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disputes.
5. Arguments in Support. The California Association for Local
Economic Development supports the bill. They write, "AB 2605
is necessary because it clears up ambiguity between the old
office and the new unit and further clarifies the
responsibilities of the GO-Biz Permit Assistance Unit and the
Department of Toxic Substances Control. We believe this
clarity will make it easier for those who need permit
assistance to locate the correct contact at the State and get
the help they need to create, expand, or locate their
business in California."
SUPPORT AND OPPOSITION:
Support:
California Association for Local Economic Development (Sponsor)
Opposition:
None on file as of June 7, 2016.
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