BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1520
Author: Calderon (D)
Amended: 8/23/12
Vote: 27 - Urgency
SENATE GOVERNMENTAL ORGANIZATION COMM. : 12-1, 4/24/12
AYES: Wright, Anderson, Berryhill, Calderon, Cannella,
Corbett, De Le�n, Hernandez, Padilla, Walters, Wyland,
Yee
NOES: Evans
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 5/14/12
AYES: Simitian, Blakeslee, Hancock, Kehoe, Lowenthal,
Pavley
NO VOTE RECORDED: Strickland
SENATE APPROPRIATIONS COMMITTEE : 6-0, 5/24/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Steinberg
NO VOTE RECORDED: Price
SENATE FLOOR : 38-0, 6/11/12
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, DeSaulnier, Dutton, Emmerson,
Evans, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Padilla, Pavley, Price, Rubio, Runner, Simitian,
Steinberg, Strickland, Vargas, Walters, Wolk, Wright,
Wyland, Yee
NO VOTE RECORDED: De Le�n, Fuller
ASSEMBLY FLOOR : 78-1, 8/27/12 - See last page for vote
CONTINUED
SB 1520
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SUBJECT : Streamlined Permit Review Team
SOURCE : Author
DIGEST : This bill requires a statement of reasons for
adoption of a regulation to include a standardized impact
analysis for each major regulation proposed after November
1, 2013, instead of January 1, 2013, as provided in
existing law.
Assembly Amendments delete the Senate version of the bill
(1) requiring the Office of Planning and Research (OPR) to
provide information to an applicant for a permit explaining
the permit approval process and assist an applicant for a
permit in identifying any permit required by a state agency
for a proposed development project, (2) allowing OPR to
call a conference of parties at the state level to resolve
questions or mediate disputes arising from a permit
application for a development project, and (3) allowing OPR
to charge an applicant for a permit for a proposed
development project a fee that does not exceed the
estimated reasonable cost of providing the services
performed by this bill. The amendments double-jointed the
bill with AB 1612 (Lara).
ANALYSIS :
Existing law:
1. Prescribes specific procedures for the review and
approval of permits for development projects in the
state. The Permit Streamlining Act:
A. Requires public agencies to provide detailed
information that will be required from an applicant
for a development project.
B. Requires a lead agency for a development project
to approve or disapprove the project within six
months after the Environmental Impact Report is
certified, or within three months from the date of
adoption of a Negative Declaration or a determination
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by the lead agency that the development project is
exempt from California Environmental Quality Act
(CEQA), unless the project proponent requests an
extension of time.
C. If no action is taken within the allotted time
after CEQA review is complete, the project may be
deemed approved, except that an application can only
be deemed approved as a result of that failure to act
if specified requirements for public notice and
review have been satisfied.
2. The Administrative Procedure Act (APA) establishes
rulemaking procedures and standards for the adoption,
amendment, or repeal of regulations by state agencies,
including a requirement that an agency adopting a major
regulation to release a standardized economic impact
analysis.
This bill:
1. Requires a statement of reasons for the adoption,
amendment or repeal of a regulation to include a
standardized impact analysis for each major regulation
proposed after November 1, 2013, instead of January 1,
2013, under existing law.
2. Requires agencies proposing to adopt, amend or repeal a
regulation prior to November 1, 2013, to prepare an
economic assessment.
3. Makes technical and clarifying changes.
5. Adds language to avoid chaptering out issues with AB
1612 (Lara).
Comments
According to the author, "From a project review standpoint,
this bill is an attempt to encourage a quicker review of
applications for pending California development and other
projects to expedite review and processing under applicable
California law."
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The APA governs the adoption of regulations by state
agencies for purposes of ensuring that they are clear,
necessary, legally valid, and available to the public. In
seeking adoption of a proposed regulation, state agencies
must comply with procedural requirements that include
publishing the proposed regulation along with supporting
statement of reasons; mailing and publishing a notice of
the proposed action 45 days before a hearing or before the
close of the public comment period; and, submitting a final
statement to the Office of Administrative Law (OAL) that
summarizes and responds to all objections, recommendations
and proposed alternatives that were raised during the
public comment period. The OAL is then required to approve
or reject the proposed regulation within 30 days.
OAL is responsible for reviewing administrative regulations
proposed by over 200 state agencies for compliance with the
standards set forth in the APA, for transmitting these
regulations to Secretary of State (SOS) and for publishing
regulations in the California Code of Regulations.
Existing law requires OAL to review all regulations for
necessity and non-duplication, and requires OAL to print a
summary of all regulations filed with SOS in the previous
week in the California Regulatory Notice Register.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
ASSEMBLY FLOOR : 78-1, 08/27/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Morrell
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NO VOTE RECORDED: Donnelly
DLW:m 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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