California Assembly Bill AB439 Introduced / Bill

 BILL NUMBER: AB 439INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Miller FEBRUARY 24, 2009 An act to amend Section 671.5 of the Streets and Highways Code, relating to highways. LEGISLATIVE COUNSEL'S DIGEST AB 439, as introduced, Miller. Encroachment permits. Under existing law, the Department of Transportation may issue permits authorizing encroachments, as defined, on highways. Existing law requires the department to either approve or deny an application for an encroachment permit within 60 days of receiving a completed application. The department's failure to notify an applicant within that 60-day period that the permit is denied is deemed to constitute approval of the permit. This bill would require the department to approve or deny an encroachment permit within 45 days of receiving a completed application. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 671.5 of the Streets and Highways Code is amended to read: 671.5. (a) The department shall either approve or deny an application from an applicant for an encroachment permit within  60   45  days of receiving a completed application, as determined by the department. An application for an encroachment permit is complete when all other statutory requirements, including the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), have been complied with. The department's failure to notify the applicant within that  60-day   45-day  period that the permit is denied shall be deemed to constitute approval of the permit. Thereafter, upon notifying the department, the applicant may act in accordance with its permit application, as if the permit had been approved. (b) If the department denies an application for an encroachment permit, it shall, at the time of notifying the applicant of the denial, furnish to the applicant a detailed explanation of the reason for the denial. (c) The department shall adopt regulations prescribing procedures for an applicant to appeal to the director for a final determination of the department's denial of an application. The appeal shall be made in writing to the director. There shall be a final written determination by the director within 60 calendar days after receipt of the applicant's written appeal. The adopted regulations shall require the appellant to pay to the department a fee of not more than 50 percent of the estimated administrative cost to the department of conducting the appeal. (d) Nothing in this section precludes an applicant and the department from mutually agreeing to an extension of any time limit provided by this section.