CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1301Introduced by Senator BeallFebruary 16, 2018 An act to add Section 8318 to the Government Code, and to add Part 9 (commencing with Section 9700) to Division 5 of the Water Code, relating to environmental permitting. LEGISLATIVE COUNSEL'S DIGESTSB 1301, as introduced, Beall. State permitting: environment: processing times.Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity and entering into a lake or streambed alteration agreement, if required by the department to protect fish and wildlife resources.Existing law also establishes the San Francisco Bay Conservation and Development Commission and requires a person or governmental agency wishing to place fill, extract materials, or make a substantial change in the use of any water, land, or structure within the area of the commissions jurisdiction, as defined, to secure a permit from the commission.Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided.Under existing law, the State Water Resources Control Board is designated as the state water pollution control agency for purposes of the federal Clean Water Act. Existing law establishes 9 regional water quality control boards to coordinate with the state board with respect to water quality control matters. Existing law requires the state board or the regional boards to prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires the state and regional boards to issue dredged or fill material permits in compliance with the Clean Water Act.This bill would require the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, the California Coastal Commission, the State Water Resources Control Board, and a California Regional Water Quality Control Board, for certain permits that each entity administers, to keep an accurate record of permit processing times. The bill would require these entities to issue a quarterly report that discloses any legally mandated permit processing times and the average permit processing times for all projects and for large-sized projects, as specified. The bill would require each entity to provide the quarterly report to certain committees of the Legislature and to post the report on the entitys Internet Web site, as prescribed. This bill would also require these entities to expedite permit processing and approval for a project that will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8318 is added to the Government Code, to read:8318. (a) For purposes of this section, the following definitions apply to this section:(1) Covered permit means any of the following:(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.(E) Water quality certification pursuant to Section 13160 of the Water Code.(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.(b) A state entity that administers a covered permit shall do all of the following:(1) Keep an accurate record of covered permit processing times that includes all of the following:(A) The date a permit application is submitted.(B) The date a permit application is deemed complete.(C) The number of resubmittals required for the application to be deemed complete.(D) The date a permit application is approved or denied.(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.(C) The average number of applicant resubmittals required.(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.(E) The number of permit applications received.(F) The number of permit applications deemed complete.(G) The number of permits approved.(H) The number of permits denied.(I) The total number of permit applications pending action.(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.SEC. 2. Part 9 (commencing with Section 9700) is added to Division 5 of the Water Code, to read:PART 9. Expedited Permit Processing and Approval9700. For purposes of this part, the following definitions apply:(a) Covered permit means any of the following:(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).(5) Water quality certification pursuant to Section 13160.(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.(3) The project meets one or more of the following criteria:(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 1301Introduced by Senator BeallFebruary 16, 2018 An act to add Section 8318 to the Government Code, and to add Part 9 (commencing with Section 9700) to Division 5 of the Water Code, relating to environmental permitting. LEGISLATIVE COUNSEL'S DIGESTSB 1301, as introduced, Beall. State permitting: environment: processing times.Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity and entering into a lake or streambed alteration agreement, if required by the department to protect fish and wildlife resources.Existing law also establishes the San Francisco Bay Conservation and Development Commission and requires a person or governmental agency wishing to place fill, extract materials, or make a substantial change in the use of any water, land, or structure within the area of the commissions jurisdiction, as defined, to secure a permit from the commission.Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided.Under existing law, the State Water Resources Control Board is designated as the state water pollution control agency for purposes of the federal Clean Water Act. Existing law establishes 9 regional water quality control boards to coordinate with the state board with respect to water quality control matters. Existing law requires the state board or the regional boards to prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires the state and regional boards to issue dredged or fill material permits in compliance with the Clean Water Act.This bill would require the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, the California Coastal Commission, the State Water Resources Control Board, and a California Regional Water Quality Control Board, for certain permits that each entity administers, to keep an accurate record of permit processing times. The bill would require these entities to issue a quarterly report that discloses any legally mandated permit processing times and the average permit processing times for all projects and for large-sized projects, as specified. The bill would require each entity to provide the quarterly report to certain committees of the Legislature and to post the report on the entitys Internet Web site, as prescribed. This bill would also require these entities to expedite permit processing and approval for a project that will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 1301
Introduced by Senator BeallFebruary 16, 2018
Introduced by Senator Beall
February 16, 2018
An act to add Section 8318 to the Government Code, and to add Part 9 (commencing with Section 9700) to Division 5 of the Water Code, relating to environmental permitting.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 1301, as introduced, Beall. State permitting: environment: processing times.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity and entering into a lake or streambed alteration agreement, if required by the department to protect fish and wildlife resources.Existing law also establishes the San Francisco Bay Conservation and Development Commission and requires a person or governmental agency wishing to place fill, extract materials, or make a substantial change in the use of any water, land, or structure within the area of the commissions jurisdiction, as defined, to secure a permit from the commission.Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided.Under existing law, the State Water Resources Control Board is designated as the state water pollution control agency for purposes of the federal Clean Water Act. Existing law establishes 9 regional water quality control boards to coordinate with the state board with respect to water quality control matters. Existing law requires the state board or the regional boards to prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires the state and regional boards to issue dredged or fill material permits in compliance with the Clean Water Act.This bill would require the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, the California Coastal Commission, the State Water Resources Control Board, and a California Regional Water Quality Control Board, for certain permits that each entity administers, to keep an accurate record of permit processing times. The bill would require these entities to issue a quarterly report that discloses any legally mandated permit processing times and the average permit processing times for all projects and for large-sized projects, as specified. The bill would require each entity to provide the quarterly report to certain committees of the Legislature and to post the report on the entitys Internet Web site, as prescribed. This bill would also require these entities to expedite permit processing and approval for a project that will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure, as specified.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity and entering into a lake or streambed alteration agreement, if required by the department to protect fish and wildlife resources.
Existing law also establishes the San Francisco Bay Conservation and Development Commission and requires a person or governmental agency wishing to place fill, extract materials, or make a substantial change in the use of any water, land, or structure within the area of the commissions jurisdiction, as defined, to secure a permit from the commission.
Existing law, the California Coastal Act of 1976, establishes the California Coastal Commission and prescribes the powers and responsibilities of the commission with regard to the regulation of development along the California coast. The act requires any person wishing to perform or undertake any development in the coastal zone, as defined, to obtain a coastal development permit, except as provided.
Under existing law, the State Water Resources Control Board is designated as the state water pollution control agency for purposes of the federal Clean Water Act. Existing law establishes 9 regional water quality control boards to coordinate with the state board with respect to water quality control matters. Existing law requires the state board or the regional boards to prescribe waste discharge requirements in accordance with the federal national pollutant discharge elimination system permit program established by the Clean Water Act and the Porter-Cologne Water Quality Control Act. Existing law requires the state and regional boards to issue dredged or fill material permits in compliance with the Clean Water Act.
This bill would require the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, the California Coastal Commission, the State Water Resources Control Board, and a California Regional Water Quality Control Board, for certain permits that each entity administers, to keep an accurate record of permit processing times. The bill would require these entities to issue a quarterly report that discloses any legally mandated permit processing times and the average permit processing times for all projects and for large-sized projects, as specified. The bill would require each entity to provide the quarterly report to certain committees of the Legislature and to post the report on the entitys Internet Web site, as prescribed. This bill would also require these entities to expedite permit processing and approval for a project that will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 8318 is added to the Government Code, to read:8318. (a) For purposes of this section, the following definitions apply to this section:(1) Covered permit means any of the following:(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.(E) Water quality certification pursuant to Section 13160 of the Water Code.(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.(b) A state entity that administers a covered permit shall do all of the following:(1) Keep an accurate record of covered permit processing times that includes all of the following:(A) The date a permit application is submitted.(B) The date a permit application is deemed complete.(C) The number of resubmittals required for the application to be deemed complete.(D) The date a permit application is approved or denied.(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.(C) The average number of applicant resubmittals required.(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.(E) The number of permit applications received.(F) The number of permit applications deemed complete.(G) The number of permits approved.(H) The number of permits denied.(I) The total number of permit applications pending action.(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.SEC. 2. Part 9 (commencing with Section 9700) is added to Division 5 of the Water Code, to read:PART 9. Expedited Permit Processing and Approval9700. For purposes of this part, the following definitions apply:(a) Covered permit means any of the following:(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).(5) Water quality certification pursuant to Section 13160.(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.(3) The project meets one or more of the following criteria:(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 8318 is added to the Government Code, to read:8318. (a) For purposes of this section, the following definitions apply to this section:(1) Covered permit means any of the following:(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.(E) Water quality certification pursuant to Section 13160 of the Water Code.(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.(b) A state entity that administers a covered permit shall do all of the following:(1) Keep an accurate record of covered permit processing times that includes all of the following:(A) The date a permit application is submitted.(B) The date a permit application is deemed complete.(C) The number of resubmittals required for the application to be deemed complete.(D) The date a permit application is approved or denied.(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.(C) The average number of applicant resubmittals required.(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.(E) The number of permit applications received.(F) The number of permit applications deemed complete.(G) The number of permits approved.(H) The number of permits denied.(I) The total number of permit applications pending action.(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.
SECTION 1. Section 8318 is added to the Government Code, to read:
### SECTION 1.
8318. (a) For purposes of this section, the following definitions apply to this section:(1) Covered permit means any of the following:(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.(E) Water quality certification pursuant to Section 13160 of the Water Code.(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.(b) A state entity that administers a covered permit shall do all of the following:(1) Keep an accurate record of covered permit processing times that includes all of the following:(A) The date a permit application is submitted.(B) The date a permit application is deemed complete.(C) The number of resubmittals required for the application to be deemed complete.(D) The date a permit application is approved or denied.(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.(C) The average number of applicant resubmittals required.(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.(E) The number of permit applications received.(F) The number of permit applications deemed complete.(G) The number of permits approved.(H) The number of permits denied.(I) The total number of permit applications pending action.(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.
8318. (a) For purposes of this section, the following definitions apply to this section:(1) Covered permit means any of the following:(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.(E) Water quality certification pursuant to Section 13160 of the Water Code.(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.(b) A state entity that administers a covered permit shall do all of the following:(1) Keep an accurate record of covered permit processing times that includes all of the following:(A) The date a permit application is submitted.(B) The date a permit application is deemed complete.(C) The number of resubmittals required for the application to be deemed complete.(D) The date a permit application is approved or denied.(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.(C) The average number of applicant resubmittals required.(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.(E) The number of permit applications received.(F) The number of permit applications deemed complete.(G) The number of permits approved.(H) The number of permits denied.(I) The total number of permit applications pending action.(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.
8318. (a) For purposes of this section, the following definitions apply to this section:(1) Covered permit means any of the following:(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.(E) Water quality certification pursuant to Section 13160 of the Water Code.(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.(b) A state entity that administers a covered permit shall do all of the following:(1) Keep an accurate record of covered permit processing times that includes all of the following:(A) The date a permit application is submitted.(B) The date a permit application is deemed complete.(C) The number of resubmittals required for the application to be deemed complete.(D) The date a permit application is approved or denied.(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.(C) The average number of applicant resubmittals required.(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.(E) The number of permit applications received.(F) The number of permit applications deemed complete.(G) The number of permits approved.(H) The number of permits denied.(I) The total number of permit applications pending action.(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.
8318. (a) For purposes of this section, the following definitions apply to this section:
(1) Covered permit means any of the following:
(A) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.
(B) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600)).
(C) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.
(D) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000) of the Water Code.
(E) Water quality certification pursuant to Section 13160 of the Water Code.
(F) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).
(2) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.
(b) A state entity that administers a covered permit shall do all of the following:
(1) Keep an accurate record of covered permit processing times that includes all of the following:
(A) The date a permit application is submitted.
(B) The date a permit application is deemed complete.
(C) The number of resubmittals required for the application to be deemed complete.
(D) The date a permit application is approved or denied.
(2) Issue a quarterly report that discloses any legally mandated covered permit processing times and the average covered permit processing times for all projects and for large-sized projects, including all of the following information:
(A) The average time from the date a permit application is submitted to the date a permit is approved or denied.
(B) The average time from the date a permit application is submitted to the date a permit application is deemed complete.
(C) The average number of applicant resubmittals required.
(D) The average time from the date the permit application is deemed complete to the date a permit is approved or denied.
(E) The number of permit applications received.
(F) The number of permit applications deemed complete.
(G) The number of permits approved.
(H) The number of permits denied.
(I) The total number of permit applications pending action.
(c) No later than 30 days following the end of a quarter, each state entity shall provide the report to the budget and appropriate policy committees of the Legislature and post the report on the entitys Internet Web site. The report shall remain posted on an entitys Internet Web site for 10 years.
SEC. 2. Part 9 (commencing with Section 9700) is added to Division 5 of the Water Code, to read:PART 9. Expedited Permit Processing and Approval9700. For purposes of this part, the following definitions apply:(a) Covered permit means any of the following:(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).(5) Water quality certification pursuant to Section 13160.(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.(3) The project meets one or more of the following criteria:(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.
SEC. 2. Part 9 (commencing with Section 9700) is added to Division 5 of the Water Code, to read:
### SEC. 2.
PART 9. Expedited Permit Processing and Approval9700. For purposes of this part, the following definitions apply:(a) Covered permit means any of the following:(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).(5) Water quality certification pursuant to Section 13160.(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.(3) The project meets one or more of the following criteria:(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.
PART 9. Expedited Permit Processing and Approval9700. For purposes of this part, the following definitions apply:(a) Covered permit means any of the following:(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).(5) Water quality certification pursuant to Section 13160.(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.(3) The project meets one or more of the following criteria:(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.
PART 9. Expedited Permit Processing and Approval
PART 9. Expedited Permit Processing and Approval
9700. For purposes of this part, the following definitions apply:(a) Covered permit means any of the following:(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).(5) Water quality certification pursuant to Section 13160.(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.
9700. For purposes of this part, the following definitions apply:
(a) Covered permit means any of the following:
(1) A streambed alteration agreement pursuant to Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code.
(2) A permit that the San Francisco Bay Conservation and Development Commission may issue pursuant to the McAteer-Petris Act (Title 7.2 (commencing with Section 66600) of the Government Code).
(3) A coastal development permit pursuant to Chapter 7 (commencing with Section 30600) of Division 20 of the Public Resources Code.
(4) Waste discharge requirements prescribed pursuant to Division 7 (commencing with Section 13000).
(5) Water quality certification pursuant to Section 13160.
(6) A national pollutant discharge elimination system permit required pursuant to the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).
(b) State entity means the California Coastal Commission, a California Regional Water Quality Control Board, the Department of Fish and Wildlife, the San Francisco Bay Conservation and Development Commission, and the State Water Resources Control Board.
9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.(3) The project meets one or more of the following criteria:(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.
9702. (a) A project shall be eligible for expedited covered permit processing and approval if the project satisfies all of the following:
(1) The project will maintain or improve human life safety protection through flood risk reduction or reduction of a risk of dam failure.
(2) Any environmental review of the project required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) has been completed.
(3) The project meets one or more of the following criteria:
(A) The project will reduce flood risk through the repair, reconstruction, or retrofit of Oroville Dam or its appurtenant structures, or through the repair of levees or the removal of sediment intended to prevent flooding from the Feather River downstream of Oroville Dam.
(B) The project will reduce the risk of flooding or mudslide in a watershed that has experienced wildfire within the last 10 years with a cumulative impacted acreage of ____.
(C) The project is located in a watershed that has experienced flooding within the last 10 years that resulted in cumulative losses exceeding fifty million dollars ($50,000,000), and flood risk reduction is an outcome of the project.
(D) The project will reduce flood risk through the seismic retrofit or repair of a dam, with an active capacity restriction due to seismic safety and a classification as a high-hazard or extremely high hazard dam, as determined by the Division of Safety of Dams within the Department of Water Resources.
(E) The project, through repair or replacement, corrects deficiencies identified by the department for which the department has required an action to protect life and property pursuant to Section 6081, 6111, or 6357.1.
(F) The project will reduce the risk of tidal flooding for an urban area in which a 1-percent tidal flood event is estimated to cause damage exceeding five billion dollars ($5,000,000,000) and to threaten industries vital to the state and national economies.
(b) (1) At least 60 days before filing an application, a project applicant shall notify the state entity of the applicants intent to submit an application for a covered permit for any project that satisfies the requirements of subdivision (a). If applicable, the project applicant may provide the notice required by this paragraph in the notice of preparation, notice of intent, or other similar notice required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(2) In addition to the notice required by paragraph (1), a project applicant shall notify the applicable state entity concurrent with the application for a covered permit if the project satisfies the requirements of subdivision (a).
(c) If the state entity determines substantial evidence exists that a project satisfies the requirements of subdivision (a), the project shall receive expedited covered permit processing and approval in accordance with all of the following:
(1) Within 30 days after a state entity receives a notice pursuant to paragraph (2) of subdivision (b) concurrent with an application to approve a covered permit, the state entity shall determine whether the project as proposed in the application meets one of the criteria in paragraph (3) of subdivision (a), and if so, shall determine whether the application is complete and transmit a statement of determination to the applicant.
(2) If the application is determined to be complete, the state entity shall commence expedited processing and approval for the covered permit pursuant to paragraph (3).
(3) A state entity shall approve or deny an application within 60 days after the application is determined to be complete.
(4) (A) If the application is determined by the state entity to be incomplete, the state entitys statement of determination transmitted pursuant to paragraph (1) shall specify the parts of the application that are incomplete and shall indicate the manner in which those parts can be made complete, including a list and thorough description of the specific information needed to complete the application.
(B) The applicant shall submit materials to the state entity in response to the list and description. The state entity, upon receipt of the response, shall commence expedited processing and approval of the covered permit pursuant to paragraph (3).
(C) If the application is determined by the state entity to be incomplete, the state entity shall provide a process for the applicant to appeal that decision to the governing body of the state entity or, if there is no governing body, to the director of the state entity, as provided by the state entity.
(5) Once an application is determined to be complete, the state entity shall not subsequently request of the applicant any new or additional information beyond what was initially provided in the application or request information not specified in the statement of determination transmitted pursuant to paragraph (1). A state entity may, in the course of processing the application, request that an applicant clarify, amplify, correct, or otherwise supplement the information required in a covered permit application.
(6) If a state entity determines that mitigation is necessary for a projects significant environmental impacts, as those significant environmental impacts were disclosed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the mitigation measures listed in the covered permit shall, if authorized by law, be the mitigation measures listed in the projects final environmental review document prepared pursuant to the California Environmental Quality Act.