Bill Text: CA SB959 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Development: expedited permit review.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Vetoed) 2010-09-29 - In Senate. To unfinished business. (Veto) [SB959 Detail]

Download: California-2009-SB959-Amended.html

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BILL NUMBER: SB 959	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 22, 2010
	AMENDED IN ASSEMBLY  JUNE 15, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  APRIL 26, 2010
	AMENDED IN SENATE  APRIL 13, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator Ducheny
   (Principal coauthor: Assembly Member Caballero)

                        FEBRUARY 5, 2010

   An act to add Section 65923, 65923.1, 65923.2, 65923.3, and
65923.4 to, and to add Article 4 (commencing with Section 65946) 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


   SB 959, as amended, Ducheny. 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, 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. 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.
   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  elements
  components . The bill would also require the
office, upon appropriation by the Legislature, to provide grants and
technical assistance to cities and counties for the establishment of
an expedited development permit process according to the guidelines.
The bill would further require a city or 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 development projects. The bill would require the
form to collect sufficient information to allow a 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. The bill would establish a notification
process requiring, with specified time periods, that the office
distribute the form to state agencies with development project
permitting responsibilities, that those agencies determine whether
the project will require permitting and notify the office of that
determination, and that the office, in turn, notify the applicant in
writing of any state permits required for the project and provide any
applications for those permits supplied by those agencies.
   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 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 
, and authorize the administrative entity, upon the request of the
applicant, to coordinate the review and decisionmaking process with
special districts and with administrative entities designated by
other local agencies, in specified circumstances  . 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.
   (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
not be limited to, all of the following  elements 
 components  of a local permit process:
   (1) 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, as
specified in Section 65947.
   (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  required by all local agencies with development
permitting responsibilities.   . 
   (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.  As part of
this process, if the local agency determines necessary information
is missing, it shall send a written statement of the specific
information that is missing to the applicant. 
   (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 and counties for the establishment of an expedited development
permit process according to the guidelines developed pursuant to
Section 65923. Any city or 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. Nothing in this section or Section 65923 shall preclude a city
or 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 both 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.
   (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
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 or
special fund revenues.
  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.  Single Administrative Entity


   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 development projects. This form shall 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.
   (b) An applicant for a development project may submit a completed
consolidated project information form to the Office of Permit
Assistance for distribution to the state agencies that have
permitting requirements for development projects. The office shall
send copies of the completed form to the appropriate agencies within
15 days of receipt.
   (c) Within 30 days of receipt of the completed form from the
Office of Permit Assistance, each agency shall notify the office in
writing of its determination as to whether a permit is potentially
required from that agency, and if a permit is potentially required
from that agency, the agency shall send the office the appropriate
permit application forms.
   (d) Within 15 days of receipt of all the agencies' determinations,
and the appropriate permit application forms, if any, the Office of
Permit Assistance shall notify the applicant in writing of any
permits required by those agencies for the project, and shall send
the applicant any permit application forms received.
   (e) (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.
   65947.  (a) (1) Upon the request of an applicant, a city, county,
or 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. 
   (3) Upon the request of the applicant, the administrative entity
may coordinate the review and decisionmaking process with affected
special districts and the administrative entities designated by the
legislative bodies of other local agencies, in the jurisdiction of
which the application for approval of the development project is also
being considered, in order to facilitate concurrent processing
within those jurisdictions. 
   (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. 7.  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. 8.  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.