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 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 Sections 65913.3 and 65922.3 to 
 add Section 65923 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 to assist state and local agencies in
streamlining the permit approval process. The bill would authorize
the office to call a conference of parties to resolve questions or
mediate disputes arising from a permit application for a development
project.  
   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.  
   (1) Existing law requires various applications and permits in
connection with land use and development. Existing law requires a
public agency that is the lead agency for a development project to
approve or disapprove the project within certain periods. Existing
law creates the Office of Planning and Research in the Governor's
Office.  
   This bill would require the Office of Planning and Research to
develop guidelines that would provide technical assistance to
counties and cities in establishing and operating an expedited
development permit process, as specified, and would provide that
these guidelines are advisory in nature. The bill would require every
city, county, or city and county to provide for coordination of
review and decisionmaking, and the provision of information regarding
the status of, all applications and permits for residential,
commercial, and industrial developments by a single administrative
entity, as defined. The bill would authorize the administrative
entity to coordinate the review and decisionmaking process with other
affected entities, and the city, county, or city and county to
charge fees to defray costs directly attributable to the
administrative entity's coordination of the review and decisionmaking
process for an application or permit. By creating a new duty for
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 65913.3 is added to the
Government Code, to read:
   65913.3.  (a) Every city, county, or city and county shall provide
for coordination of review and decisionmaking and the provision of
information regarding the status of all applications and permits for
residential, commercial, and industrial developments, as required by
the city, county, or city and county, by a single administrative
entity. For the purposes of this section, "administrative entity"
means a person or agency designated by the legislative body of the
city, county, or city and county to coordinate the review and
decisionmaking and provide information regarding the status of all
permits or applications required by the local agency. The city,
county, or city and county may charge fees to defray costs incurred
by the administrative entity that are directly attributable to the
entity's coordination of the review and decisionmaking process for an
application or permit for development.
   (b) A city, county, or city and county may adopt, by resolution or
ordinance, procedures for the implementation of this section by the
designated administrative entity.
   (c) At the request of an applicant, the administrative entity may
coordinate the review and decisionmaking process with affected
special districts and the administrative entity designated by the
legislative body of any other city, county, or city and county in the
jurisdiction of which the application for approval of the
development is also being made, in order to provide concurrent
processing within those jurisdictions.  
  SEC. 2.    Section 65922.3 is added to the
Government Code, to read:
   65922.3.  (a) The Office of Planning and Research shall develop
guidelines to provide technical assistance to counties and cities in
establishing and operating an expedited development permit process.
In developing the guidelines, local variations in population rate of
growth, types of proposed development projects, geography, and
differences in local government structure shall be recognized. The
guidelines for a local permit process shall include, but not be
limited to, all of the following elements:
   (1) A central contact point with a public agency where all permit
applications can be filed and information on all permit requirements
can be obtained.
   (2) A referral process that provides for one or a combination of
the following elements:
   (A) Refers the applicant to the appropriate functional area for
resolution of problems and fulfillment of requirements.
   (B) Refers the applicant to cities within the county in whose
sphere of influence the proposed project lies for review, comment, or
imposition of condition permits.
   (C) Assigns an individual from the local government to be
responsible for guiding the application through all local permit
bodies.
   (3) A master permit document that covers permits for all
functional areas and that could be used for obtaining the approvals
of the various functional areas.
   (4) A method of tracking progress on various permit applications,
that may include identifying a staff person responsible for
monitoring permits.
   (5) A determination as to the completeness of the master permit
document upon its submission and a written statement of specific
information that is missing, if any.
   (6) Timetables for action on individual permits.
   (7) A variety of administrative mechanisms that will describe the
least costly approaches for implementation in a variety of local
circumstances.
   (b) The guidelines established by the office pursuant to this
section shall be advisory in nature. In no way shall these guidelines
constitute a mandate upon cities or counties to take any of the
actions contained therein. 
   SEC   TION 1.    Section 65923 is added to
the   Government Code   , to read:  
   65923.  (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).
   (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 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 Procedures 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. 2.    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 agency's 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 Procedures 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.
   65947.  (a) (1) Upon the request of an applicant, a city, county,
or city and county with a population 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. 3.  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. 4.  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.