BILL NUMBER: AB 439	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Miller

                        FEBRUARY 24, 2009

   An act to amend Section 671.5 of the Streets and Highways Code,
relating to highways.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 439, as introduced, Miller. Encroachment permits.
   Under existing law, the Department of Transportation may issue
permits authorizing encroachments, as defined, on highways. Existing
law requires the department to either approve or deny an application
for an encroachment permit within 60 days of receiving a completed
application. The department's failure to notify an applicant within
that 60-day period that the permit is denied is deemed to constitute
approval of the permit.
   This bill would require the department to approve or deny an
encroachment permit within 45 days of receiving a completed
application.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 671.5 of the Streets and Highways Code is
amended to read:
   671.5.  (a) The department shall either approve or deny an
application from an applicant for an encroachment permit within
 60   45  days of receiving a completed
application, as determined by the department. An application for an
encroachment permit is complete when all other statutory
requirements, including the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code), have been complied with. The department's failure to notify
the applicant within that  60-day   45-day 
period that the permit is denied shall be deemed to constitute
approval of the permit. Thereafter, upon notifying the department,
the applicant may act in accordance with its permit application, as
if the permit had been approved.
   (b) If the department denies an application for an encroachment
permit, it shall, at the time of notifying the applicant of the
denial, furnish to the applicant a detailed explanation of the reason
for the denial.
   (c) The department shall adopt regulations prescribing procedures
for an applicant to appeal to the director for a final determination
of the department's denial of an application. The appeal shall be
made in writing to the director. There shall be a final written
determination by the director within 60 calendar days after receipt
of the applicant's written appeal. The adopted regulations shall
require the appellant to pay to the department a fee of not more than
50 percent of the estimated administrative cost to the department of
conducting the appeal.
   (d) Nothing in this section precludes an applicant and the
department from mutually agreeing to an extension of any time limit
provided by this section.