BILL NUMBER: SB 1299 CHAPTERED
BILL TEXT
CHAPTER 872
FILED WITH SECRETARY OF STATE OCTOBER 13, 1995
APPROVED BY GOVERNOR OCTOBER 13, 1995
PASSED THE ASSEMBLY SEPTEMBER 6, 1995
PASSED THE SENATE MAY 25, 1995
AMENDED IN SENATE MAY 18, 1995
AMENDED IN SENATE MAY 8, 1995
AMENDED IN SENATE APRIL 20, 1995
INTRODUCED BY Senator Peace
FEBRUARY 24, 1995
An act to add and repeal Chapter 5 (commencing with Section 71035)
of Part 1 of Division 34 of the Public Resources Code, relating to
environmental protection.
LEGISLATIVE COUNSEL'S DIGEST
SB 1299, Peace. Environmental protection: permits.
Under existing law, the California Environmental Protection Agency
is administered by the Secretary for Environmental Protection.
Specified state agencies are established within the agency.
Existing law, the Environmental Protection Permit Reform Act of
1993, among other things, requires the secretary to establish an
administrative process which may be used, at the request of a permit
applicant, to designate a consolidated permit agency, as defined, for
projects that require permits from 2 or more environmental agencies,
as defined.
This bill would require the secretary, by January 1, 1997, to
adopt regulations establishing the permit consolidation zone pilot
program, as described, consisting of specified application,
administrative, and enforcement processes. The bill would require
those regulations to be developed by the secretary in coordination
with other specified state agencies and in consultation with
representatives of cities, counties, local environmental agencies,
and certified uniform program agencies. The bill would prescribe
procedures for termination of involvement in the pilot program. The
bill would prescribe related requirements and procedures for the
program.
The bill would require the secretary and the Secretary for Trade
and Commerce to prepare and submit an annual report to the Governor
and the Legislature containing specified information by January 31 of
each year.
The bill would remain in effect only until January 1, 2002.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section 71035) is added to
Part 1 of Division 34 of the Public Resources Code, to read:
CHAPTER 5. PERMIT CONSOLIDATION ZONE PILOT PROGRAM
71035. As used in this chapter:
(a) "Certified unified program agency" means a certified unified
program agency as designated under Chapter 6.11 (commencing with
Section 25404) of Division 20 of the Health and Safety Code.
(b) "Environmental agency" means an environmental agency as
defined in subdivisions (a) to (g), inclusive, of Section 71011.
(c) "Environmental permit" means any environmental permit issued
by an environmental agency or a certified unified program agency.
(d) "Facility compliance plan" means a plan that does all of the
following:
(1) Contains information and data for all emissions and discharges
from the facility and the management of solid waste and hazardous
waste, including all information revelant to individual environmental
permits that would otherwise be required for the facility.
(2) Specifies measures, including, but not limited to, monitoring,
reporting, emissions limits, materials handling, and throughputs, to
be taken by the project applicant to ensure compliance with all
environmental permits that would otherwise be required.
(3) Meets the requirements of all individual environmental permits
that would otherwise be required.
(4) Ensures compliance with all applicable environmental rules,
regulations, laws, and ordinances.
71035.1. On or before January 1, 1997, the secretary shall adopt
regulations establishing the permit consolidation zone pilot program
consisting of all of the following:
(a) An application process whereby cities and counties may request
that all or part of their jurisdiction be designated a permit
consolidation zone.
(b) An administrative process which may be used for new or
expanded facilities within a designated permit consolidation zone, at
the option of the permit applicant, to substitute a facility
compliance plan for any environmental permit. The application
process shall contain a means to determine that new or expanded
facilities are in compliance with all applicable laws and
requirements.
(c) A process to coordinate inspection and enforcement activities
among the agencies that would otherwise have issued individual
permits for facilities choosing to be permitted through a facility
compliance plan.
(d) Procedures pursuant to which applicant cities and counties may
amend or terminate the designation.
71035.2. The regulations required by Section 71035.1 shall be
developed by the secretary in coordination with the Secretary for
Trade and Commerce, the Secretary of the Resources Agency, and the
Secretary for Business, Transportation and Housing, and in
consultation with representatives of cities, counties, local
environmental agencies, and certified unified program agencies.
71035.3. The application process required by subdivision (a) of
Section 71035.1 shall provide for all of the following:
(a) A competitive application process which designates not more
than 20 cities and counties with a population greater than 5,000 as
determined in the 1990 census, or parts thereof, as a permit
consolidation zone.
(b) The award of designations by a review panel composed of the
secretary and the Secretary for Trade and Commerce.
(c) The award of designations based on the applications submitted.
In awarding designations, the review panel shall consider the
extent to which the applicant has instituted permit streamlining
measures for permits under its authority, whether there is a single
certified unified program agency within the boundaries of the area
proposed in the application, whether provisions are included to
ensure adequate public participation in the final permit decisions on
facilities subject to a facility compliance plan, and the extent of
existing or proposed agreements between the applicant and other
local, state, and regional permitting agencies with jurisdiction
within the boundaries of the area proposed in the application.
(d) A requirement that all cities, counties, and local
environmental agencies with permit authority over the projects
subject to a facility compliance plan within the proposed permit
consolidation zone agree to the designation.
(e) In awarding designations, ensure a diverse range of permit
consolidation zones, including, but not limited to, urban and rural
counties, large and small cities, and communities encompassing
military base or reservations reuse.
71035.4. (a) (1) A designated city or county may terminate its
involvement in the pilot program established pursuant to this chapter
following 180 days' written notice to the secretary. The permit
consolidation zone shall be deemed terminated at the end of the
180-day notice period.
(2) Notwithstanding any other provision of law, any facility
within the terminated permit consolidation zone permitted through a
facility compliance plan pursuant to Section 71035.5 shall be deemed
to hold valid environmental permits until individual environmental
permits are issued or denied for the facility by the applicable
environmental agencies.
(b) An application for amendment to a permit consolidation zone
designation shall be submitted by the applicable city or county to
the review panel under Section 71035.3. Any amendment shall become
effective within 90 days after the date of receipt by the review
panel.
(c) The procedure for replacing a facility compliance plan in
whole or in part with individual environmental permits, as a result
of an amendment or termination of a permit consolidation zone
designation, shall be specified in the applications submitted
pursuant to Section 71035.3.
71035.5. The facility compliance plan substituted pursuant to
subdivision (b) of Section 71035.1 shall provide for all of the
following:
(a) Substitution of the plan for all individual state agency and
local environmental permits that would otherwise be required for the
proposed project, unless otherwise specified in the designation
application submitted by the applicant city or county.
(b) Measures to be taken by the project applicant to ensure
compliance with all applicable rules, regulations, ordinances, and
statutes and to ensure that the facility compliance plan is as
enforceable as individual permits.
(c) The equivalent opportunity for public notice, hearing,
comment, participation, administrative appeal, and judicial review as
provided in the environmental permit process that would otherwise be
applicable.
(d) All applicable individual environmental permits for the
project to be deemed to have been issued upon receipt of a complete
and adequate facility compliance plan by the secretary.
(e) A filing fee to reflect the reasonable costs of all agencies
that would otherwise issue individual permits for the project covered
by the facility compliance plan, and that also reflects the reduced
costs of the applicable agencies through reduced staff review of
individual permits. Any fee shall be subject to Section 57001 of the
Health and Safety Code. The project applicant shall not be liable
for any application fees for any individual permit that is otherwise
addressed in the facility compliance plan. Local agencies shall
identify and quantify any local fees in the application submitted
pursuant to Section 71035.3.
71035.6. (a) Environmental agencies with jurisdiction over
portions of the compliance plan shall determine if a compliance plan
is complete and adequate, in accordance with this section, as it
relates to their particular area of jurisdiction.
(b) A determination of completeness and adequacy shall be based
solely upon whether there is compliance with the rules, regulations,
ordinances, and statutes governing the environmental agency. As part
of the determination of adequacy, an environmental agency may
require additional conditions necessary, in its judgment, to make the
facility compliance plan consistent with its rules, regulations,
ordinances, and statutes.
(c) If an environmental agency possessed discretionary authority
over a facility prior to the enactment of this chapter, then the
determination of completeness and adequacy shall be a discretionary
action for purposes of the California Environmental Quality Act
(Division 13 (commencing with Section 21000)). If, subsequent to the
enactment of this chapter, an environmental agency, by regulation,
eliminates its discretionary authority over a facility, then the
determination of completeness and adequacy shall not be a
discretionary action for purposes of the California Environmental
Quality Act.
(d) An environmental agency shall transmit its determination to
the secretary within 45 days from the date of receipt of the facility
compliance plan.
(e) (1) If an environmental agency determines that a facility
compliance plan is not complete and adequate, the agency shall,
within the 45-day period specified in subdivision (d), transmit that
determination, in writing, to the project applicant. The agency's
determination shall specify those parts of the plan that are
incomplete or inadequate and shall indicate the manner in which they
can be made complete and adequate, including a list and thorough
description of the specific information needed to make the plan
complete and adequate. The project applicant shall submit materials
to the environmental agency in response to the list and description.
(2) Not later than 30 calendar days after receipt of the submitted
materials, the environmental agency shall determine in writing
whether they are complete and adequate and shall immediately transmit
that determination to the applicant. If the written determination
is not made within the 30-day period, the application together with
the submitted materials shall be deemed complete and adequate for
purposes of this chapter.
(3) If the plan together with the submitted materials are
determined not to be complete and adequate pursuant to paragraph (2),
the environmental agency shall provide a process for the applicant
to appeal that decision in writing to the governing body of the
agency or, if there is no governing body, to the director of the
agency, as provided by that agency. There shall be a final written
determination by the agency on the appeal not later than 60 calendar
days after receipt of the applicant's written appeal. Notwithstanding
a decision pursuant to paragraph (2) that the application and
submitted materials are not complete and adequate, if the final
written determination on the appeal is not made within that 60-day
period, the application with the submitted materials shall be deemed
complete and adequate for the purposes of this chapter.
(4) Nothing in this section precludes an applicant and an
environmental agency from mutually agreeing to an extension of any
time limit provided by this section.
(f) All applicable individual environmental permits for the
project shall be deemed to have been issued upon receipt of a
complete and adequate facility compliance plan, as determined by the
secretary, after receiving the determinations of completeness and
adequacy from environmental agencies pursuant to subdivision (a). In
determining completeness and adequacy, the secretary shall not
substitute his or her judgment for that of the applicable
environmental agencies.
71035.7. The secretary shall provide regulatory assistance with
regard to projects permitted through a facility compliance plan.
71035.8. Facility compliance plans may not be applied to projects
involving any of the following:
(a) The incineration of wastes.
(b) The storage, treatment, transportation, or disposal of
radioactive materials.
(c) Other activities that the secretary determines, based on risks
to the environment and the public health and safety, to be
appropriately regulated through individual permits.
(d) Other activities within a specific permit consolidation zone
as requested by the city or county in its application submitted
pursuant to Section 71035.3.
71035.9. This chapter shall be implemented by the secretary only
to the extent consistent with federal law and any delegation
agreements with federal agencies.
71035.10. The secretary and the Secretary for Trade and Commerce
shall prepare and submit an annual report to the Governor and the
Legislature by January 31 of each year, containing the following:
(a) A description and location of facilities permitted through a
facility compliance plan, including the number of individual
environmental permits that otherwise would have been required, an
estimate of cost savings to the participating facilities and the
involved environmental agencies as a result of the pilot program, and
the degree to which compliance with the applicable environmental
laws and regulations has been maintained or increased through the
pilot program.
(b) As appropriate, recommendations for modification, expansion,
or elimination of the pilot program established by this chapter.
(c) Recommendations for how the pilot program could be expanded to
complex facilities including, but not limited to, whether the 45-day
review of facility plan completeness and adequacy should be
expanded.
71035.11. This chapter shall remain in effect until January 1,
2002, and as of that date is repealed, unless a later enacted
statute, which becomes effective on or before January 1, 2002,
deletes or extends that date.