BILL ANALYSIS
SB 959
Page 1
Date of Hearing: June 28, 2010
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
SB 959 (Ducheny) - As Amended: June 22, 2010
SENATE VOTE : 31-3
SUBJECT : Development: expedited permit review.
SUMMARY : Recreates the Office of Permit Assistance under the
Governor's Office of Planning and Research in order to help
facilitate state and local level review of commercial and
industrial development projects. Specifically, this bill :
1)Establishes Office of Permit Assistance (OPA) under the
Governor's Office of Planning and Research (OPR).
2)Requires OPA to develop guidelines providing technical
assistance to local agencies for the establishment and
operation of an expedited development permit process.
3)Requires the guidelines to include, but not be limited to, all
of the following components of a local permit process:
a) An administrative entity in each city or county with a
population of 100,000 or more that shall serve as an
applicant's single point of contact with the city or county
with respect to all applications and permits required by
the city or county for the applicant's commercial or
industrial development project;
b) A referral process that may do any or all of the
following:
i) Refer the applicant to the appropriate local
agencies and local agency officials to resolve problems
and to fulfill requirements;
ii) Refer the applicant to cities within the county
which have review, comment, or conditional permit power
over the proposed project; or,
iii) Assign the local agency's administrative entity, or
another individual or entity designated by the local
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agency, to be responsible for guiding the applicant
through all local permitting requirements;
c) A consolidated project information form that will
collect the information required to complete all permits
for the development project;
d) A method for tracking the progress of development permit
applications through the permitting process that may
include the identification of a staff person responsible
for monitoring permits;
e) A process for determining whether the consolidated
project information form is complete upon its submission;
f) Timetables for action on specified types of permit
applications;
g) An expedited appeal process to ensure fair treatment to
the applicant using existing agencies, staffs, commissions,
or boards, where possible; and,
h) A variety of administrative mechanisms that describe the
least costly approaches for implementing these guidelines
in a variety of local circumstances.
4)Requires OPA, in developing the guidelines, to recognize local
variations in population, rate of growth, types of proposed
development projects, geography, and local government
structure.
5)Specifically states that the guidelines developed by OPA are
advisory in nature and are not a mandate on local agencies.
6)Provides that upon appropriation by the Legislature, OPA shall
provide grants and technical assistance to cities and counties
for the establishment of an expedited development permit
process.
7)Requires any city or county receiving a grant to enact an
ordinance adopting an expedited development permit process
according to the guidelines within 10 months of the date of
receipt of the grant.
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8)Specifies that a city or county who does not receive a grant
is not prohibited from developing and establishing its own
expedited development permit process.
9)Requires OPA to ensure that all state agencies comply with
applicable requirements of this measure.
10)Requires OPA to do both of the following:
a) Provide information to developers explaining the permit
approval process at the state and local levels, or
assisting them in meeting the requirements of the
California Environmental Quality Act (CEQA); and,
b) Assist state and local agencies in streamlining the
permit approval process at the state and local levels.
11)Specifies that the assistance provided by OPA on CEQA is
purely technical in nature, and neither OPA nor the state
shall incur any liability as a result of the provision of
assistance.
12)Authorizes OPA to call a conference of parties at the state
level to resolve questions or mediate disputes arising from a
permit application for a proposed development project.
13)Authorizes OPA to charge an applicant for a development
project a fee not to exceed the estimated reasonable cost of
providing the services performed.
14)Requires OPA, prior to levying or charging a fee, to adopt or
amend regulations to provide for the fee in accordance with
the Administrative Procedure Act.
15)Requires OPA, upon request, to make available data indicating
the cost, or estimated cost, of providing the services
performed and the revenue sources anticipated to cover the
cost of performing the services, including any general or
special fund revenues.
16)Requires OPA, in consultation with the Natural Resources
Agency and the California Environmental Protection Agency, to
develop a consolidated project information form to be used by
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applicants for development projects.
17)Requires the form to collect sufficient information to allow
each state agency with development project permitting
responsibilities to use the form to determine whether or not
the project will be subject to its permitting requirements.
18)Authorizes an applicant for a development project to submit a
completed consolidated project information form to OPA for
distribution to the state agencies that have permitting
requirements for development projects.
19)Requires OPA to send copies of the completed form to the
appropriate agencies within 15 days of receipt.
20)Requires, within 30 days of receipt of the completed form
from OPA, each agency to notify OPA in writing of its
determination as to whether a permit is potentially required
from that agency.
21)Provides that if a permit is potentially required from an
agency, the agency shall send OPA the appropriate permit
application forms.
22)Requires OPA, within 15 days of receipt of all the agencies'
determinations, and the appropriate permit application forms,
if any, to notify the applicant in writing of any permits
required by those agencies for the project, and to send the
applicant any permit application forms received.
23)Defines "administrative entity" as a person or agency
designated by the legislative body of a city, county, or city
and county.
24)Requires, upon the request of an applicant, a city, county,
or city and county with a population of 100,000 or more to
designate, and provide for, an administrative entity to serve
as the applicant's single point of contact with the local
agency with respect to all applications and permits required
by the local agency for the applicant's commercial or
industrial development project.
25)Requires the administrative entity to provide the applicant
information regarding the status of, and coordinate the review
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and decision making process with respect to, the applications
and permits required by the local agency for the development
project.
26)Requires, upon the request of the applicant, the
administrative entity to coordinate with OPA with respect to
any applications or permits required by the state for the
development project.
27)Authorizes a city, county, or city and county to charge a fee
to defray costs incurred by the administrative entity that are
directly attributable to the services it provides to an
applicant.
28)Authorizes a city, county, or city and county to adopt, by
resolution or ordinance, procedures for the implementation of
this measure.
29)Contains an urgency clause.
EXISTING LAW :
1)Creates the Permit Streamlining Act.
2)Requires, under the Permit Streamlining Act, each state agency
and local agency to compile one or more lists that specify in
detail the information that will be required from any
applicant for a development project, and requires a public
agency that is the lead agency for a development project, or a
public agency which is a responsible agency for a development
project that has been approved by the lead agency, to approve
or disapprove the project within applicable periods of time.
3)Requires, under the Permit Streamlining Act, any state agency
which is the lead agency for a development project to inform
the applicant that OPA has been created to assist, and provide
information to, developers relating to the permit approval
process.
4)Provides that the Legislature finds and declares that there is
a statewide need to ensure clear understanding of the specific
requirements which must be met in connection with the approval
of development projects and to expedite decisions on such
projects.
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5)Defines "development project" as any project undertaken for
the purpose of development.
6)Specifies that "development project" includes a project
involving the issuance of a permit
for construction or reconstruction but not a permit to operate.
7)Specifies that "development project" does not include any
ministerial projects proposed to be carried out or approved by
public agencies.
8)Prohibits a public agency, after it accepts an application for
a development project as complete, from subsequently
requesting of an applicant any new or additional information
that was not specified in the list of the information required
from a project applicant as part of its statement of
application for a development project.
FISCAL EFFECT : Unknown
COMMENTS :
1)Existing law requires, under the Permit Streamlining Act
(Act), each state agency and local agency to compile one or
more lists that specify in detail the information that will be
required from any applicant for a development project, and
requires a public agency that is the lead
agency for a development project, or a public agency which is a
responsible agency for a development project that has been
approved by the lead agency, to approve or disapprove the
project within applicable periods of time.
2)In addition to mandating criteria and setting deadlines, the
Act previously required the Governor's OPR to coordinate the
state government's help to applicants. OPR set up the OPA in
1977 which the Legislature later codified [SB 992 (Garamendi),
Chapter 1263, Statutes of 1983]. The Legislature moved OPA to
the State Trade and Commerce Agency [AB 2351, (Assembly Ways
and Means Committee), Chapter 56, Statutes of 1993]. The
California Environmental Protection Agency (CalEPA) set up
regional Permit Assistance Centers which the Legislature
institutionalized in 1999 [AB 1102 (Jackson), Chapter 65,
Statutes of 1999]. In 2003, the Legislature repealed the
requirements for CalEPA's permit assistance centers and
abolished the State Technology, Trade, and Commerce Agency
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[AB 1756, (Assembly Budget Committee, Chapter 228, Statutes of
2003]. Although the OPA no longer exists, the Act still
requires agencies to adopt criteria and meet statutory
deadlines.
3)One-stop shopping . SB 959 recreates the OPA under OPR in
order to help facilitate state and local level review of
commercial and industrial development projects. OPR already
serves as the coordinating agency for statewide planning
efforts and as a clearinghouse for all CEQA related documents
so adding back the additional duty of serving as a
one-stop-shop for coordinating the state and local level
review of specified development projects would be appropriate.
4)Support Arguments : According to the California Realtors
Association "SB 959 would greatly benefit not only business
but also governments by creating a consolidated and
streamlined system by which businesses would seek permits and
approvals. The increased certainty in the project approval
process and timing is certain to result in a better business
climate that will help boost California's economy."
Opposition Arguments : The League of California Cities argues
that "there is a role for streamlining when multiple
departments or agencies are involved in a project. But
imposing this requirement on the 70 cities with populations
over 100,000 at the option and expense
of the applicant does not guarantee this result. California's
cities are working double-time to find job creation solutions
that do not always easily avail themselves to this
one-size-fits-all approach."
5)This bill is double-referred to the Committee on Natural
Resources.
REGISTERED SUPPORT / OPPOSITION :
Support
CA Apartment Association
CA Association of Realtors
SB 959
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Opposition
League of CA Cities
Analysis Prepared by : Katie Kolitsos / L. GOV. / (916)
319-3958