PermitsTime Limit Appeals

Section § 71030

Explanation

This law requires the establishment of a quicker appeals process for when environmental agencies don't act on permit requests within set time limits. If an agency misses the deadline without a valid reason, they must decide on the permit by a new date and refund any fees applicants paid. The appeals can only be about procedural delays, not the content or merits of the permit itself. Refunds are only mandatory if the agency in question unjustifiably exceeded the timeline. This process only applies to certain agencies specified in other sections.

(a)CA Public Resources Code § 71030(a) On or before December 31, 1994, the secretary shall adopt regulations establishing an expedited appeals process by which a petitioner or applicant may appeal any failure by an environmental agency to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established pursuant to Section 71022 or Section 25199.6 of the Health and Safety Code.
(b)CA Public Resources Code § 71030(b) If the secretary finds that the time limits under appeal have been violated without good cause, the secretary shall establish a date certain by which the environmental agency shall act on the permit application with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of Section 71022, and provide for the full reimbursement of any filing or permit processing fees paid by the applicant to the environmental agency for the permit application under appeal. For purposes of this section, “good cause” shall have the same meaning as defined in subdivision (g) of Section 15376 of the Government Code.
(c)CA Public Resources Code § 71030(c) The determination of the secretary on an appeal shall be based only on procedural violations, including, but not limited to, the exceeding of time limits, not on any nonprocedural matter with regard to the environmental permit application or the environmental permit.
(d)CA Public Resources Code § 71030(d) In cases of a violation of time limits set pursuant to Section 71022, the determination of the secretary to order a reimbursement of any application filing fee pursuant to the regulations adopted pursuant to subdivision (a) shall only be applicable to the consolidated permit agency or to the participating permit agencies that are in violation of the time limits without showing good cause.
(e)CA Public Resources Code § 71030(e) Notwithstanding any other provision of this section, an appeal pursuant to subdivision (a) shall be only for violations of the time limits established pursuant to Section 71022 for those environmental agencies described in subdivisions (c) and (h) of Section 71011.
expedited appeals process environmental permits time limit violations ...

Section § 71031

Explanation

This law allows California state environmental agencies to create a process that checks and approves equipment and processes to ensure they meet all applicable laws. The goal is for these agencies to work together and establish uniform and efficient regulations.

Once a state agency sets regulations, they can create standardized permits for the pre-approved (precertified) equipment and processes. These standardized permits can also be adopted by local environmental agencies, but locals can add extra requirements to address their health and safety needs.

Standardized permits are designed for similar pollution sources requiring similar information for permitting. The law ensures that public health and participation won't be compromised. Environmental agencies can charge fees to cover their costs, following specific guidelines on fee amounts.

(a)CA Public Resources Code § 71031(a) Each state environmental agency, as defined in subdivisions (a) and (b) of Section 71011, in consultation and coordination with all interested parties, may adopt a process to precertify equipment and processes as being in compliance with any laws and regulations applicable to the state environmental agency. The secretary shall ensure that, to the extent one or more state environmental agencies adopt regulations pursuant to this section, the regulations are standardized and coordinated in the most efficient and effective manner feasible.
(b)CA Public Resources Code § 71031(b) If a state environmental agency adopts regulations pursuant to subdivision (a), it shall, to the extent feasible and appropriate, adopt standardized permits to incorporate equipment and processes precertified pursuant to subdivision (a). Where applicable, the state environmental agencies shall include, as part of their precertification, a model standardized permit ordinance that local environmental agencies may adopt.
(c)CA Public Resources Code § 71031(c) Local environmental agencies, as defined in subdivisions (c) to (h), inclusive, of Section 71011, may adopt standardized permits to incorporate equipment and processes precertified pursuant to subdivision (a). Nothing in this section shall limit the ability of a local environmental agency to adopt additional requirements as part of the standardized permit to meet local health and safety concerns.
(d)CA Public Resources Code § 71031(d) For purposes of this section, a “standardized permit” means a permit for pollution sources or activities that are the same or similar in their nature, and which require the submission of the same or similar information for purposes of issuing, monitoring, and enforcing permit requirements.
(e)CA Public Resources Code § 71031(e) Nothing in this section shall result in the reduction or elimination of environmental or public health protection or public participation, as provided under all applicable laws, in the issuance of any permit authorized by this section.
(f)CA Public Resources Code § 71031(f) Any environmental agency may charge a reasonable fee for costs incurred pursuant to this section, not to exceed estimated reasonable costs. Any fee shall be subject to Section 57001 of the Health and Safety Code.
state environmental agency precertification standardized permits ...