Bill Text: CA SB366 | 2011-2012 | Regular Session | Introduced
Bill Title: Regulations: agency review.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB366 Detail]
Download: California-2011-SB366-Introduced.html
BILL NUMBER: SB 366 INTRODUCED
BILL TEXT
INTRODUCED BY Senators Calderon and Pavley
FEBRUARY 15, 2011
An act to add and repeal Article 5.5 (commencing with Section
65958) of Chapter 4.5 of Division 1 of Title 1 of, and to add and
repeal Chapter 3.6 (commencing with Section 11366) of Part 1 of
Division 3 of Title 2 of, the Government Code, relating to state
government, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 366, as introduced, Calderon. Regulations: agency review.
(1) Existing law, the Administrative Procedure Act, governs the
procedure for the adoption, amendment, or repeal of regulations by
state agencies and for the review of those regulatory actions by the
Office of Administrative Law. Existing law creates the State and
Consumer Services; Business, Transportation and Housing; California
Emergency Management; California Environmental Protection; California
Health and Human Services; Labor and Workforce Development; Natural
Resources; and Youth and Adult Correctional Agencies in state
government with various duties to oversee the actions of state
departments that are within those agencies.
This bill would, until January 1, 2013, require each state agency,
defined, to mean every state office, officer, department, division,
bureau, board, and commission, except the California State University
within 180 days of the effective date of the bill, to undertake
specified actions in regards to the regulations that have been
adopted by the state agency, including, among others, identifying any
regulations that are duplicative, overlapping, inconsistent, or out
of date, and adopting, amending, or repealing regulations to
reconcile or eliminate any duplication, overlap, inconsistency, or
out-of-date provisions, after conducting a publicly noticed hearing,
as specified, and using procedures for adopting emergency
regulations.
The bill would also require each of the overseeing agencies listed
above, until January 1, 2013, and within 60 days of the effective
date of the bill, to notify any state department, board, or
commission within that state agency of any regulations adopted by
those entities that the agency has determined may be duplicative,
overlapping, or inconsistent with a regulation adopted by another
state department, board, or commission within the agency. The bill
would also require a state department, board, or commission within an
agency to notify that state agency of revisions to regulations that
the entity proposes to make at least 60 days prior to the required
noticed public hearing and adoption of the emergency regulation, as
specified.
(2) Existing law sets forth generally the procedures for the
review and approval of permits for development projects in the state.
This bill would, until January 1, 2013, establish the Streamlined
Permit Review Team in state government, consisting of the Secretary
of Business, Transportation and Housing, the Secretary for
Environmental Protection, and the Secretary of the Natural Resources
Agency. The bill would require the team, upon the request of a permit
applicant, to convene permitting agencies, as defined, to perform
various activities in making the application process more efficient.
The bill would require the permitting agencies to determine the
completeness of an application complete and act upon the application
within specified time periods, subject to certain conditions. This
bill would require the team, on or before March 1, 2014, to submit a
report to the Governor and to the Legislature with prescribed
information relating to the permitting activities of the team.
The California Constitution authorizes the Governor to declare a
fiscal emergency and to call the Legislature into special session for
that purpose. Governor Schwarzenegger issued a proclamation
declaring a fiscal emergency, and calling a special session for this
purpose, on December 6, 2010. Governor Brown issued a proclamation on
January 20, 2011, declaring and reaffirming that a fiscal emergency
exists and stating that his proclamation supersedes the earlier
proclamation for purposes of that constitutional provision.
This bill would state that it addresses the fiscal emergency
declared and reaffirmed by the Governor by proclamation issued on
January 20, 2011, pursuant to the California Constitution.
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: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3.6 (commencing with Section 11366) is added to
Part 1 of Division 3 of Title 2 of the Government Code, to read:
CHAPTER 3.6. REGULATORY REFORM
Article 1. Findings and Declarations
11366. The Legislature finds and declares all of the following:
(a) The Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340)) requires agencies and the Office of Administrative
Law to review regulations to ensure their consistency with law and to
consider impacts on the state's economy and businesses, including
small businesses.
(b) However, the act does not require agencies to individually
review their regulations to identify overlapping, inconsistent,
duplicative, or out-of-date regulations that may exist.
(c) At a time when the state's economy is struggling, unemployment
is at historic levels, and state government is in historic fiscal
distress, state agencies should identify, review publicly, and
eliminate overlapping, inconsistent, duplicative, or out-of-date
regulations, both to ensure they more efficiently implement and
enforce laws and to reduce unnecessary and outdated rules and
regulations.
Article 2. Definitions
11366.1. For the purpose of this chapter, the following
definitions shall apply:
(a) "State agency" means a state agency, as defined in Section
11000, except those state agencies or activities described in Section
11340.9.
(b) "Regulation" has the same meaning as provided in Section
11342.600.
Article 3. State Agency Duties
11366.2. Within 180 days of the effective date of this chapter,
each state agency shall do all of the following:
(a) Review all provisions of the California Code of Regulations
applicable to, or adopted by, that agency.
(b) Identify any regulations that are duplicative, overlapping,
inconsistent, or out of date.
(c) Adopt, amend, or repeal regulations to reconcile or eliminate
any duplication, overlap, inconsistencies, or out of date provisions.
(d) Hold at least one noticed public hearing, which shall also be
noticed on the Internet Web site of the agency, for the purposes of
accepting public comment on proposed revisions to its regulations.
(e) Notify the appropriate policy and fiscal committees of each
house of the Legislature of the revisions to regulations that the
state agency proposes to make at least 60 days prior to a noticed
public hearing pursuant to subdivision (d) and at least 60 days prior
to the proposed adoption, amendment, or repeal of the regulations
pursuant to subdivision (f), for the purpose of allowing those
committees to review, and hold hearings on, the proposed revisions to
the regulations.
(f) Adopt as emergency regulations, consistent with Section
11346.1, those changes, as provided for in subdivision (c), to a
regulation identified by the agency as duplicative, overlapping,
inconsistent, or out of date.
(g) Report to the Governor and the Legislature on its compliance
with this chapter, including the number and content of regulations it
identifies as duplicative, overlapping, inconsistent, or out of
date, and the actions by the agency to address those regulations.
11366.3. (a) Within 60 days of the effective date of this
chapter, each agency included in Section 12800 shall notify a
department, board, or commission within that agency of any existing
regulations adopted by that department, board, or commission that the
agency has determined may be duplicative, overlapping, or
inconsistent with a regulation adopted by another department, board,
or commission within that agency.
(b) A department, board, or commission within an agency shall
notify that agency of revisions to regulations that it proposes to
make at least 60 days prior to a noticed public hearing pursuant to
subdivision (d) of Section 11366.2 and at least 60 days prior to
adoption, amendment, or repeal of the regulations pursuant to
subdivision (f) of Section 11366.2. The agency shall review the
proposed regulations and make recommendations to the department,
board, or commission within 30 days of receiving the notification
regarding any duplicative, overlapping, or inconsistent regulation of
another department, board or commission within the agency.
11366.4. A state agency included in Section 12800 shall notify
another state agency of any existing regulations adopted by that
state agency that may duplicate, overlap, or be inconsistent with the
other state agency's regulations.
11366.45. Nothing in this chapter shall be construed to weaken or
undermine in any manner any human health, public or worker rights,
public welfare, environmental, or other protection established under
statute. Nothing in this chapter shall be construed to effect the
authority or requirement for an agency to adopt regulations as
provided by statute. Rather, it is the intent of the Legislature to
ensure state agencies focus more efficiently and directly on their
duties as prescribed by law so as to use scarce public dollars more
efficiently to implement the law, while achieving equal or improved
economic and public benefits.
Article 4. Chapter Repeal
11366.5. This chapter shall remain in effect only until January
1, 2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.
SEC. 2. Article 5.5 (commencing with Section 65958) is added to
Chapter 4.5 of Division 1 of Title 7 of the Government Code, to read:
Article 5.5. Streamlined Permit Review
65958. The Legislature finds and declares as follows:
(a) It is in the state's interest to assist those applicants
needing state permits or approvals by providing a consolidated,
unified, and coordinated state permit process whereby, upon request
by a permit applicant, agencies with lead and ancillary
responsibilities can be convened in a single process to coordinate
and expedite permit reviews and disposition of those permits.
(b) Bipartisan legislation enacted in 2006 applicable to emergency
flood protection levee repairs, and in 2009 relating to "shovel
ready" transportation projects, ensured that there was coordination
and sequencing of approvals to reduce or eliminate delays and to
ensure that all key regulatory approvals were made.
(c) It is the intent of the Legislature in enacting this article
to ensure that state agencies focus more directly on their duties as
prescribed by law so as to use scarce public dollars to more
efficiently implement the law, while achieving the same or greater
economic and public benefits, and to help ensure that state
government is working in a coordinated fashion to help get businesses
that create jobs a response so that they can proceed with that job
creation.
65958.2. (a) As used in this article, the term "Permitting agency"
means any agency, department, office, board, or commission within
the Business, Transportation and Housing Agency, the California
Environmental Protection Agency, or the Natural Resources Agency.
(b) The definitions contained in Article 2 (commencing with
Section 65925) shall also govern this article.
65958.5. (a) The Streamlined Permit Review Team is created in
state government, consisting of the following officials, one of whom
shall be designated chairperson by the Governor:
(1) The Secretary of Business, Transportation and Housing.
(2) The Secretary for Environmental Protection.
(3) The Secretary of the Natural Resources Agency.
(b) Upon the request of a permit applicant, the team shall
convene, in a duly noticed public hearing, those permitting agencies
with jurisdiction over the project in question to coordinate actions
on permits, help reduce or eliminate unnecessary inconsistencies,
delay, duplication, overlap, or paperwork associated with issuance of
multiple permits, and assist in ensuring that permitting agencies
and the public have the information necessary to deem permit
applications complete and to act upon permits at the earliest
feasible date in accordance with the requirements of this chapter.
(c) A permitting agency for a project, no later than 30 days after
receiving an application for a permit, shall determine the
completeness of an application in accordance with the requirements of
this chapter or request additional information necessary to
determine the completeness of an application. The project applicant
shall provide to the permitting agency the requested additional
information.
(d) (1) A permitting agency for a project shall act on a permit as
soon as reasonably possible, but in any case no later than the time
permitted in accordance with the requirements of this chapter.
(2) If a permitting agency fails to act on a complete permit
application for a project as soon as reasonably possibly, but in any
case no later than the time permitted in accordance with the
requirements of this chapter, the failure to act shall be deemed
approval of the permit application for the project in accordance with
the requirements of this chapter. However, the permitting agency
shall provide public notice when the project is approved pursuant to
this paragraph, in the same form and manner as it would provide that
notice under existing law.
(e) The time limits specified in this section may be extended upon
mutual written agreement of the lead agency and a permitting agency.
(f) The time limits specified in this section shall not apply if
federal statutes, regulations, or delegation agreements establish
time schedules that differ from those time limits, and failure to
comply with federal time schedules could affect the disposition of
the project.
(g) Except as otherwise provided by this section, this section
does not affect in any manner the requirements, duties, or authority
of a permitting agency established by statute.
(h) Nothing in this chapter shall be construed to effect the
authority or requirement for an agency to adopt regulations as
provided by statute.
65958.7. (a) Except for the reporting requirement described in
subdivision (b), the provisions of this article shall become
inoperative on January 1, 2013.
(b) On or before March 1, 2014, the Streamlined Permit Review Team
shall report to the Governor and to the Legislature on the number
and types of development projects for which the process established
by this article was used, and the disposition of those development
projects.
(c)This article shall remain in effect only until March 15, 2014,
and as of that date is repealed, unless a later enacted statute, that
is enacted before March 15, 2014, deletes or extends that date.
SEC. 3. This act addresses the fiscal emergency declared and
reaffirmed by the Governor by proclamation on January 20, 2011,
pursuant to subdivision (f) of Section 10 of Article IV of the
California Constitution.
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:
In order to more efficiently focus the efforts of state agencies
on implementing the law and to reduce or eliminate superfluous or
unnecessary regulations that are not authorized by law, in order to
allow state agencies to amend or repeal duplicative, overlapping,
inconsistent, or out of date regulations from the California Code of
Regulations and to streamline the state permit review process for
development projects at the earliest possible time, it is necessary
that this bill take effect immediately.
