Bill Text: CA AB1549 | 2011-2012 | Regular Session | Amended
Bill Title: Development: expedited permit review.
Spectrum: Moderate Partisan Bill (Democrat 11-2)
Status: (Introduced - Dead) 2012-05-25 - In committee: Set, second hearing. Held under submission. [AB1549 Detail]
Download: California-2011-AB1549-Amended.html
BILL NUMBER: AB 1549 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 26, 2012
INTRODUCED BY Assembly Member Gatto
( Coauthors: Assembly Members
Allen, Ammiano, Blumenfield,
Bonilla, Fletcher, Huffman, Perea,
Solorio, Swanson, Wieckowski,
and Williams )
( Coauthor: Senator Cannella
)
JANUARY 25, 2012
An act to add Sections 65923, 65923.1, 65923.2, 65923.3, and
65923.4 to, and to add Article 4 (commencing with Section 65946) and
Article 4.5 (commencing with Section 65948) to Chapter 4.5 of
Division 1 of Title 7 of, the Government Code, relating to
development, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1549, as amended, Gatto. Development: expedited permit review.
(1) The Permit Streamlining Act requires 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. The act also requires any state agency
which is the lead agency for a development project to inform the
applicant that the Office of Permit Assistance has been created to
assist, and provide information to, developers relating to the permit
approval process.
This bill would require the office to provide information to
developers explaining the permit approval process at the state and
local levels, or assisting them in meeting statutory environmental
quality requirements, as specified, and would prohibit the office or
the state from incurring any liability as a result of the provision
of this assistance. The bill would require the office to assist state
and local agencies in streamlining the permit approval process, and
an applicant in identifying any permit required by a state agency for
the proposed project. The bill would authorize the office 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. The bill would require that the office be located
exclusively in Sacramento, and to consist of no more than 4 personnel
through 2013.
This bill would require the office to develop guidelines providing
technical assistance to local agencies for the establishment and
operation of an expedited development permit process, and would
require the guidelines to contain specified components. The bill
would also require the office, upon appropriation by the Legislature,
to provide grants and technical assistance to cities, counties, and
cities and counties for the establishment of an expedited development
permit process according to the guidelines. The bill would further
require a city, county, or city and county that receives 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.
This bill would also require the office, in consultation with the
Natural Resources Agency and the California Environmental Protection
Agency, to develop a consolidated project information form to be used
by applicants for commercial or industrial development projects. The
bill would require the form to collect sufficient information to
allow the office to determine the state agencies that have permitting
requirements applicable to the development project for which the
form was submitted.
This bill would authorize the office to charge the applicant fees
for the above-described services, not to exceed the estimated
reasonable cost of their provision, and would require the office to
adopt or amend regulations to provide for these fees prior to
charging or levying them.
The bill would require a city, county, or city and county,
including a charter city, charter county, or charter city and county,
with a population of 100,000 or more, upon the request of an
applicant, to designate an administrative entity, as defined, 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. The administrative entity would be required to provide the
applicant information regarding the status of, and to coordinate the
review and decisionmaking process with respect to, the applications
and permits required by the local agency for the development project.
The bill would require the administrative entity, upon the request
of the applicant, to coordinate with the office regarding any
applications or permits required by the state for the development
project. The bill would authorize a city, county, or city and county
to charge a fee to defray costs incurred by the administrative entity
in providing the above-described services to the applicant. By
establishing a new requirement on specified local agencies, this bill
would impose a state-mandated local program.
This bill would also express a legislative finding and declaration
that its provisions apply to all cities, including charter cities.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
(3) This bill would declare that it is to take effect immediately
as an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65923 is added to the Government Code, to read:
65923. (a) There is within the Office of Planning and Research
the Office of Permit Assistance. The Office of Permit Assistance
shall develop guidelines providing technical assistance to local
agencies for the establishment and operation of an expedited
development permit process, consistent with paragraph (2) of
subdivision (a) of Section 65923.4. The guidelines shall include, but
are not be limited to, all of the
following components of a local permit process:
(1) An administrative entity in each city, county, and city and
county, including a charter city, charter county, or charter city and
county, with a population of 100,000 or more that shall serve as an
applicant's single point of contact with the city, county, or city
and county with respect to all applications and permits required by
the city or county for the applicant's commercial or industrial
development project.
(2) A referral process that may do any or all of the following:
(A) Refer the applicant to the appropriate local agencies and
local agency officials to resolve problems and to fulfill
requirements.
(B) Refer the applicant to cities within the county which have
review, comment, or conditional permit power over the proposed
project.
(C) Assign the local agency's administrative entity, or another
individual or entity designated by the local agency, to be
responsible for guiding the applicant through all local permitting
requirements.
(3) A consolidated project information form that will collect the
information required to complete all permits for the development
project.
(4) 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.
(5) A process for determining whether the consolidated project
information form is complete upon its submission.
(6) Timetables for action on specified types of permit
applications.
(7) An expedited appeal process to ensure fair treatment to the
applicant using existing agencies, staffs, commissions, or boards,
where possible.
(8) A variety of administrative mechanisms that describe the least
costly approaches for implementing these guidelines in a variety of
local circumstances.
(b) In developing the guidelines, local variations in population,
rate of growth, types of proposed development projects, geography,
and local government structure shall be recognized.
SEC. 2. Section 65923.1 is added to the Government Code, to read:
65923.1. Except as otherwise provided by law, the guidelines
established by the Office of Permit Assistance pursuant to Section
65923 shall be advisory in nature and shall not constitute a mandate
on local agencies to take any of the actions contained therein.
SEC. 3. Section 65923.2 is added to the Government Code, to read:
65923.2. Upon appropriation by the Legislature, the Office of
Permit Assistance shall provide grants and technical assistance to
cities, counties, and cities and counties, for the establishment of
an expedited development permit process according to the guidelines
developed pursuant to Section 65923. Any city, county, or city and
county, including a charter city, charter county, or charter city and
county receiving a grant shall enact an ordinance adopting an
expedited development permit process according to the guidelines
within 10 months of the date of receipt of the grant. This section or
Section 65923 shall not preclude a city, county, or city and county
not receiving a grant from developing and establishing its own
expedited development permit process.
SEC. 4. Section 65923.3 is added to the Government Code, to read:
65923.3. The Office of Permit Assistance shall ensure that all
state agencies comply with applicable requirements of this chapter.
SEC. 5. Section 65923.4 is added to the Government Code, to read:
65923.4. (a) The Office of Permit Assistance in the Office of
Planning and Research shall do all of the following:
(1) 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
(Division 13 (commencing with Section 21000) of the Public Resources
Code). The assistance provided pursuant to this paragraph shall be
purely technical in nature, and neither the Office of Permit
Assistance nor the state shall incur any liability as a result of the
provision of assistance pursuant to this paragraph.
(2) Assist state and local agencies in streamlining the permit
approval process at the state and local levels.
(3) Assist an applicant in identifying any permit required by a
state agency for the proposed project.
(b) The Office of Permit Assistance may 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.
(c) (1) The Office of Permit Assistance may charge an applicant
for a development project a fee not to exceed the estimated
reasonable cost of providing the services performed pursuant to this
section. Prior to levying or charging a fee pursuant to this
subparagraph, the office shall adopt or amend regulations to provide
for the fee in accordance with the Administrative Procedure Act
(Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2).
(2) Upon request, the office shall make available data indicating
the cost, or estimated cost, of providing the services performed
pursuant to this section, and the revenue sources anticipated to
cover the cost of performing the services, including any general or
special fund revenues.
(d) This section shall not apply to residential development
projects.
SEC. 6. Article 4 (commencing with Section 65946) is added to
Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read:
Article 4. Consolidated Project Information Form
65946. (a) The Office of Permit Assistance in the Office of
Planning and Research, in consultation with the Natural Resources
Agency and the California Environmental Protection Agency, shall
develop a consolidated project information form to be used by
applicants for commercial or industrial development projects. This
form shall collect sufficient information to allow the Office of
Permit Assistance to determine the state agencies that have
permitting requirements applicable to the development project for
which the form was submitted.
(b) (1) The Office of Permit Assistance may charge an applicant a
fee not to exceed the estimated reasonable cost of providing the
services performed pursuant to this section. Prior to levying or
charging a fee pursuant to this paragraph, the office shall adopt or
amend regulations to provide for the fee in accordance with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2).
(2) Upon request, the office shall make available data indicating
the cost, or estimated cost, of providing the services performed
pursuant to this section, and the revenue sources anticipated to
cover the cost of performing the services, including any General Fund
or special fund revenues.
SEC. 7. Article 4.5 (commencing with Section 65948) is added to
Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read:
Article 4.5. Single Administrative Entity
65948. (a) (1) Upon the request of an applicant, a city, county,
or city and county, including a charter city, charter county, or
charter city and county, with a population of 100,000 or more shall
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. The
administrative entity shall provide the applicant information
regarding the status of, and coordinate the review and decisionmaking
process with respect to, the applications and permits required by
the local agency for the development project.
(2) Upon the request of the applicant, the administrative entity
shall coordinate with the Office of Permit Assistance with respect to
any applications or permits required by the state for the
development project.
(b) For purposes of this section, "administrative entity" means a
person or agency designated by the legislative body of a city,
county, or city and county pursuant to paragraph (1) of subdivision
(a).
(c) A city, county, or city and county may charge a fee to defray
costs incurred by the administrative entity that are directly
attributable to the services it provides to an applicant pursuant to
this section.
(d) A city, county, or city and county may adopt, by resolution or
ordinance, procedures for the implementation of this section.
SEC. 8. The Legislature finds and declares that the availability
of information for development permit applicants is an issue of
statewide concern and not a municipal affair, as that term is used in
Section 5 of Article XI of the California Constitution. Therefore,
this act shall apply to all cities, including charter cities.
SEC. 9. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
SEC. 10. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
The continued economic crisis in the state requires immediate
attention, and an expedited permit process that allows long-stalled
development projects to commence will serve as a basis for new
economic development in the state.
