SECTIONS 71030-71031 - California Statutes

PUBLIC RESOURCES CODE

SECTION 71030-71031

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) 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) 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) 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) 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.

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) 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) 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) 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) 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) 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.