Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.

This bill would require, by April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, to establish a Transportation Permitting Task Force consisting of representatives from specified entities to develop a process for early engagement for all parties in the development of transportation projects, establish reasonable deadlines for permit approvals, and provide for greater certainty of permit approval requirements. The bill would require the Secretary of Transportation, by December 1, 2019, to prepare and submit to the relevant policy and fiscal committees of the Legislature a report of findings based on the efforts of the task force.

Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.

This bill would require, by April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, to establish a Transportation Permitting Task Force consisting of representatives from specified entities to develop a process for early engagement for all parties in the development of transportation projects, establish reasonable deadlines for permit approvals, and provide for greater certainty of permit approval requirements. The bill would require the Secretary of Transportation, by December 1, 2019, to prepare and submit to the relevant policy and fiscal committees of the Legislature a report of findings based on the efforts of the task force.

Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.

This bill would require, by April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, to establish a Transportation Permitting Taskforce consisting of representatives from specified state entities to develop a process for early engagement for all parties in the development of transportation projects, establish reasonable deadlines for permit approvals, and provide for greater certainty of permit approval requirements. The bill would require the Secretary of Transportation, by December 1, 2018, 2019, to prepare and submit to the relevant policy and fiscal committees of the Legislature a report of findings based on the efforts of the taskforce.

Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.

This bill would establish a transportation permitting task force require, by April 1, 2018, the Secretary of Transportation, in consultation with the Secretary of the Natural Resources Agency, to establish a Transportation Permitting Taskforce consisting of representatives from the department, the commission, state environmental permitting agencies, and other transportation planning entities specified state entities to develop a process for early engagement for all parties in the development of transportation projects. projects, establish reasonable deadlines for permit approvals, and provide for greater certainty of permit approval requirements. The bill would require the Secretary of Transportation, by December 1, 2018, to prepare and submit to the relevant policy and fiscal committees of the Legislature a report of findings based on the efforts of the taskforce.

Existing law establishes the Department of Transportation and the California Transportation Commission and provides that the department has full possession and control of all state highways and all property and rights in property acquired for state highway purposes and authorizes and directs the department to lay out and construct all state highways between the termini designated by law and on the locations as determined by the commission.

This bill would establish a transportation permitting task force consisting of representatives from the department, the commission, state environmental permitting agencies, and other transportation planning entities to develop a process for early engagement for all parties in the development of transportation projects.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1282

Author:(Mullin)

As Amended Ver:June 29, 2017

Majority vote

Original Committee Reference: TRANS.

SUMMARY: Directs the Secretary of the California State Transportation Agency (CalSTA), in consultation with the Secretary of the Natural Resources Agency, to create a Transportation Permitting Task Force, as prescribed.

The Senate amendments:

1. Strike the Secretary for Environmental Protection from the Transportation Permitting Trask Force and, instead, add representation of the State Water Resources Control Board, regional water quality control boards, and other relevant public agencies.
2. Clarify that the process to be developed by the task force is to be a structured coordination process.
3. Delay the required report deadline by a year, to December 1, 2019.
4. Delay the inoperative date of the bill's provisions by a year, to December 1, 2023.

AS PASSED BY THE ASSEMBLY, this bill:

1. Directed the CalSTA Secretary, by April 1, 2018, to create the task force with the specific purpose of developing a process for early engagement of all parties in developing transportation project to improve timeliness and reliability of environmental permit approvals.
2. Prescribed the membership of the task force to include representatives of specified agencies.
3. Directed the Secretary of CalSTA to prepare and submit a report of the task force's findings to the appropriate legislative policy and fiscal committees by December 1, 2018.
4. Set forth specific requirements to be included in the report, including:
   1. A description of the existing permitting process for transportation projects, including a discussion of where in the process delays are most likely to occur;
   2. An identification of existing personnel positions that are supported by Caltrans and resourced to various state agencies and their costs, as well as a discussion of the benefits these resources bring to transportation programs;
   3. Recommendations for improving the permitting process through early engagement in project development;
   4. An identification of the resource levels needed at resource agencies to implement the improved process, as proposed; and,
   5. An identification of legislative and/or regulatory hurdles that would need to be addressed to implement the improved process, as proposed.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: Under existing law, transportation projects can take many years from inception to construction and operation. Project sponsors and applicants must maneuver through a multi-stage development and review process that includes environmental impact review and mitigation, design and engineering, right-of-way acquisition, financing, construction and other related requirements. Delays in the permit approval process are common and, because of the traditional sequential project approval and permitting processes, can greatly extend the length of time needed to complete a particular project.

The author introduced this bill, in part, in response to a legislative recommendation made by the California Transportation Commission (CTC) in its 2016 annual report. Specifically, that report recommended that the Legislature create a task force comprised of state environmental permitting agencies and transportation entities to establish a process for early engagement of all parties in project development to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide greater certainty of permit approval requirements. According to CTC:

"The current state environmental permitting processes for transportation projects leads to increased costs and less efficient project delivery. Obtaining all necessary environmental permits and approvals from responsible agencies is a critical milestone in the project development process. If permits are delayed–whether due to insufficient staffing levels, competing priorities, or other factors affecting the responsiveness of the permitting agency–a project will be delayed and costs increased.

Caltrans and other agencies often provide funding to support staff in resource agencies to facilitate timely review of project permitting and approval requirements. It continues to be a challenge, however, to achieve the early engagement of resource agency staff necessary to reduce uncertainty in project development, and to ensure resource agencies are adequately staffed. In addition, requirements of different permitting agencies can be in conflict, increasing uncertainty. Early engagement of permitting agencies, and a commitment to reasonable deadlines for permit approvals, would improve the predictability and management of the project development process, and in turn, reduce the cost of delivering critical infrastructure."

This bill would establish the task force recommended by CTC and may result in accelerating delivery of transportation projects.

Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0001216

 CONSENT  

Bill No: AB 1282

Author:

:

Vote:

SENATE TRANS. & HOUSING COMMITTEE: 12-0, 6/27/17

AYES: Beall, Cannella, Allen, Atkins, Bates, Gaines, McGuire, Mendoza, Morrell, Roth, Wieckowski, Wiener

NO VOTE RECORDED: Skinner

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 76-0, 5/31/17 - See last page for vote

SUBJECT:

SOURCE: Author

DIGEST:

This bill establishes a Transportation Permitting Taskforce and requires the Taskforce to provide a report to the Legislature, as specified.

ANALYSIS:

Existing law:

1. Provides that the State Department of Transportation (Caltrans) has full possession and control of the state highway system.
2. Provides, relative to the state highway system, that Caltrans has control of all property and rights in property acquired for state highway purposes.
3. Provides that Caltrans is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the California Transportation Commission (CTC).
4. Requires Caltrans to make improvements and maintain the state highway system.

This bill:

1. Directs the California State Transportation Agency (CalSTA) Secretary, by April 1, 2018, to create a task force with the specific purpose of developing a process for early engagement of all parties in developing transportation project to improve timeliness and reliability of environmental permit approvals.
2. Prescribes the membership of the task force to include representatives of the following agencies:
   1. CalSTA;
   2. Natural Resources Agency;
   3. Environmental Protection Agency;
   4. CTC;
   5. Caltrans;
   6. California Department of Fish and Wildlife;
   7. California Department of Water Resources; and,
   8. California Coastal Commission.
3. Directs the Secretary of CalSTA to prepare and submit a report of the task force's findings to the appropriate legislative policy and fiscal committees by December 1, 2018.
4. Sets forth specific requirements to be included in the report, including:
   1. A description of the existing permitting process for transportation projects, including a discussion of where in the process delays are most likely to occur;
   2. An identification of existing personnel positions that are supported by Caltrans and resourced to various state agencies and their costs, as well as a discussion of the benefits these resources bring to transportation programs;
   3. Recommendations for improving the permitting process through early engagement in project development;
   4. An identification of the resource levels needed at resource agencies to implement the improved process, as proposed; and,
   5. An identification of legislative and/or regulatory hurdles that would need to be addressed to implement the improved process, as proposed.

Comments

1. Purpose. According to the author, “AB 1282 would create a task force to promote the early engagement of State permitting agencies, and a commitment to reasonable deadlines for permit approvals, in order to improve the predictability and management of the project development process, and in turn, reduce the cost of delivering critical infrastructure.”
2. Project delivery. Under the existing process, transportation projects can take many years from inception to completion. Throughout the various phases, transportation agencies and departments must maneuver through a multi-stage development and review process that encompasses environmental impact review and mitigation, design and engineering, right-of-way acquisition, financing, construction and other related requirements, including obtaining all the necessary environmental permits and approvals from responsible agencies. Obtaining all the relative permits and approvals in a timely manner is imperative in order to keep the project moving forward through all the project delivery phases. However, many times project permits and approvals may get stalled or delayed due to inconsistencies in department procedures and/or review timelines. These inconsistencies may cause project delays anywhere between one to six months.
3. CTC recommendations. This bill was introduced, in part, in response to a legislative recommendation made by the CTC in its 2016 annual report. Specifically, that report recommended that the Legislature create a task force comprised of state environmental permitting agencies and transportation entities to establish a process for early engagement of all parties in project development to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide greater certainty of permit approval requirements. This bill establishes the task force recommended by CTC and could potentially result in accelerating delivery of transportation projects.
4. Caltrans efficiencies. Recently passed by the Legislature and signed by the Governor, SB 1 (Chapter 5, Statutes 2017) requires Caltrans to implement efficiency measures that generate at $100 million annually that would be ultimately used for highway maintenance and rehabilitation. The provisions specified in SB 1282 could potentially generate efficiency savings that could be applied towards achieving the performance target established under SB 1.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 7/19/17)

California Transportation Commission

OPPOSITION: (Verified 7/19/17)

None received

ASSEMBLY FLOOR: 76-0, 5/31/17

AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon

NO VOTE RECORDED: Chen, Choi, Eggman, Melendez

Prepared by:

7/19/17 16:26:46

**** END ****

SENATE COMMITTEE ON TRANSPORTATION AND HOUSING

Senator Jim Beall, Chair

2017 - 2018 Regular

Bill No: AB 1282 Hearing Date: 6/27/2017

SUBJECT: Transportation Permitting Taskforce.

DIGEST: This bill establishes a Transportation Permitting Taskforce and requires the taskforce to provide a report to the Legislature, as specified.

ANALYSIS:

Existing law:

1. Provides that the State Department of Transportation (Caltrans) has full possession and control of the state highway system.
2. Relative to the state highway system, provides that Caltrans has control of all property and rights in property acquired for state highway purposes
3. Provides that Caltrans is authorized and directed to lay out and construct all state highways between the termini designated by law and on the locations as determined by the California Transportation Commission (CTC).
4. Requires Caltrans to make improvements and maintain the state highway system.

This bill:

1. Directs the California State Transportation Agency (CalSTA) Secretary, by April 1, 2018, to create a task force with the specific purpose of developing a process for early engagement of all parties in developing transportation project to improve timeliness and reliability of environmental permit approvals.
2. Prescribes the membership of the task force to include representatives of the following agencies:
   1. Transportation Agency;
   2. Natural Resources Agency;
   3. Environmental Protection Agency;
   4. Californian Transportation Commission;
   5. Caltrans;
   6. California Department of Fish and Wildlife;
   7. California Department of Water Resources; and,
   8. California Coastal Commission.
3. Directs the Secretary of CalSTA to prepare and submit a report of the task force's findings to the appropriate legislative policy and fiscal committees by December 1, 2018.
4. Sets forth specific requirements to be included in the report, including:
   1. A description of the existing permitting process for transportation projects, including a discussion of where in the process delays are most likely to occur;
   2. An identification of existing personnel positions that are supported by Caltrans and resourced to various state agencies and their costs, as well as a discussion of the benefits these resources bring to transportation programs;
   3. Recommendations for improving the permitting process through early engagement in project development;
   4. An identification of the resource levels needed at resource agencies to implement the improved process, as proposed; and,
   5. An identification of legislative and/or regulatory hurdles that would need to be addressed to implement the improved process, as proposed.

COMMENTS:

1. Purpose. According to the author, “AB 1282 would create a task force to promote the early engagement of State permitting agencies, and a commitment to reasonable deadlines for permit approvals, in order to improve the predictability and management of the project development process, and in turn, reduce the cost of delivering critical infrastructure.”
2. Project delivery. Under the existing process, transportation projects can take many years from inception to completion. Throughout the various phases, transportation agencies and departments must maneuver through a multi-stage development and review process that encompasses environmental impact review and mitigation, design and engineering, right-of-way acquisition, financing, construction and other related requirements, including obtaining all the necessary environmental permits and approvals from responsible agencies. Obtaining all the relative permits and approvals in a timely manner is imperative in order to keep the project moving forward through all the project delivery phases. However, many times project permits and approvals may get stalled or delayed due to inconsistencies in department procedures and/or review timelines. These inconsistencies may cause project delays anywhere between one to six months.
3. CTC recommendations. This bill was introduced, in part, in response to a legislative recommendation made by the CTC in its 2016 annual report. Specifically, that report recommended that the Legislature create a task force comprised of state environmental permitting agencies and transportation entities to establish a process for early engagement of all parties in project development to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide greater certainty of permit approval requirements. This bill would establish the task force recommended by CTC and could potentially result in accelerating delivery of transportation projects.
4. Caltrans efficiencies. Recently passed by the Legislature and signed by the Governor, SB 1 (Chapter 5, Statutes 2017) requires Caltrans to implement efficiency measures that generate at $100 million annually that would be ultimately used for highway maintenance and rehabilitation. The provisions specified in SB 1282 could potentially generate efficiency savings that could be applied towards achieving the performance target established under SB 1.

Assembly votes:

Floor: 76-0

Approps: 17-0

Trans: 13-0

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

POSITIONS: (Communicated to the committee before noon on Wednesday,

June 21, 2017.)

SUPPORT:

California Transportation Commission

OPPOSITION:

None received.

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1282

Author:(Mullin)

As Amended Ver:April 4, 2017

Majority vote

SUMMARY: Directs the Secretary of the California State Transportation Agency (CalSTA), in consultation with the Secretary of the Natural Resources Agency, to create a Transportation Permitting Task Force, as prescribed. Specifically, this bill:

1. Directs the CalSTA Secretary, by April 1, 2018, to create the task force with the specific purpose of developing a process for early engagement of all parties in developing transportation project to improve timeliness and reliability of environmental permit approvals.
2. Prescribes the membership of the task force to include representatives of specified agencies.
3. Directs the Secretary of CalSTA to prepare and submit a report of the task force's findings to the appropriate legislative policy and fiscal committees by December 1, 2018.
4. Sets forth specific requirements to be included in the report, including:
   1. A description of the existing permitting process for transportation projects, including a discussion of where in the process delays are most likely to occur;
   2. An identification of existing personnel positions that are supported by Caltrans and resourced to various state agencies and their costs, as well as a discussion of the benefits these resources bring to transportation programs;
   3. Recommendations for improving the permitting process through early engagement in project development;
   4. An identification of the resource levels needed at resource agencies to implement the improved process, as proposed; and,
   5. An identification of legislative and/or regulatory hurdles that would need to be addressed to implement the improved process, as proposed.

FISCAL EFFECT: According to the Assembly Appropriations Committee:

1. Minor costs (various special funds) to various state departments required to participate in the taskforce, likely in the tens of thousands to low hundreds of thousands of dollars for information collection, information review, and drafting the required report.
2. Unknown potential cost savings for future transportation projects, to the extent the taskforce identifies strategies to improve the timeliness with which permits are granted for transportation projects.

COMMENT: Under existing law, transportation projects can take many years from inception to construction and operation. Project sponsors and applicants must maneuver through a multi-stage development and review process that includes environmental impact review and mitigation, design and engineering, right-of-way acquisition, financing, construction and other related requirements. Delays in the permit approval process are common and, because of the traditional sequential project approval and permitting processes, can greatly extend the length of time needed to complete a particular project.

The author introduced this bill, in part, in response to a legislative recommendation made by the CTC in its 2016 annual report. Specifically, that report recommended that the Legislature create a task force comprised of state environmental permitting agencies and transportation entities to establish a process for early engagement of all parties in project development to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide greater certainty of permit approval requirements. According to CTC:

The current state environmental permitting processes for transportation projects leads to increased costs and less efficient project delivery. Obtaining all necessary environmental permits and approvals from responsible agencies is a critical milestone in the project development process. If permits are delayed–whether due to insufficient staffing levels, competing priorities, or other factors affecting the responsiveness of the permitting agency–a project will be delayed and costs increased.

Caltrans and other agencies often provide funding to support staff in resource agencies to facilitate timely review of project permitting and approval requirements. It continues to be a challenge, however, to achieve the early engagement of resource agency staff necessary to reduce uncertainty in project development, and to ensure resource agencies are adequately staffed. In addition, requirements of different permitting agencies can be in conflict, increasing uncertainty. Early engagement of permitting agencies, and a commitment to reasonable deadlines for permit approvals, would improve the predictability and management of the project development process, and in turn, reduce the cost of delivering critical infrastructure.

This bill would establish the task force recommended by CTC and may result in accelerating delivery of transportation projects.

Analysis Prepared by: Janet Dawson / TRANS. / (916) 319-2093 FN: 0000727

Date of Hearing: April 26, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 1282

Author:(Mullin) – As Amended Ver:April 4, 2017

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill directs the Secretary of the California State Transportation Agency (CalSTA), in consultation with the Secretary of the Natural Resources Agency, to create a Transportation Permitting Task Force, by April 1, 2018. The purpose of the task force is to develop a process for early engagement of all parties in developing transportation projects to improve timeliness and reliability of environmental permit approvals. This bill prescribes the membership of the taskforce to include representatives from specific state departments and agencies. The bill also requires the Secretary of CalSTA to prepare and submit a report of the task force's findings, as well as specified information, to the appropriate legislative policy and fiscal committees by December 1, 2018.

FISCAL EFFECT:

1. Minor costs (various special funds) to various state departments required to participate in the taskforce, likely in the tens of thousands to low hundreds of thousands of dollars for information collection, information review, and drafting the required report.
2. Unknown potential cost savings for future transportation projects, to the extent the taskforce identifies strategies to improve the timeliness with which permits are granted for transportation projects.

COMMENTS:

1. Purpose and Background. Under existing law, transportation projects can take many years to complete from inception to construction. Transportation project sponsors and applicants must maneuver through a multi-stage development and review process that includes environmental impact review and mitigation, design and engineering, right-of-way acquisition, financing, construction and other related requirements. Throughout this process, project sponsors must obtain various permits that ensure the design and construction of the project is carried out in a manner that safeguards the environment, such as protecting endangered species, waterways, cultural resources, and air quality. Delays in the permit approval process are common and can significantly extend the length of time needed to complete a particular project. In addition, project delays can result in project cost increases.

The author introduced this bill, in part, in response to a recommendation made by the California Transportation Commission in its 2016 annual report. Specifically, that report recommended that the Legislature create a task force comprised of state environmental permitting agencies and transportation entities to establish a process for early engagement of all parties in project development to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide greater certainty of permit approval requirements.

1. Related Legislation.

AB 189 (Horton), of the 2005-06 Legislative Session, would have established a pilot program to evaluate the potential benefits of an alternative environmental review process focused primarily on consolidating review and permit approval through early engagement of resource agencies, rather than the traditional sequential project approval and permitting process. AB 189 was held on this committee’s Suspense File.

AB 1233 (Horton), of the 2003-04 Legislative Session was virtually identical to AB 189, described above, and was also held on this committee’s Suspense File.

Analysis Prepared by: Jessica Peters / APPR. / (916) 319-2081

Date of Hearing: April 17, 2017

ASSEMBLY COMMITTEE ON TRANSPORTATION

Jim Frazier, Chair

ABPCA Bill Id:AB 1282 (

Author:Mullin) – As Amended Ver:April 4, 2017

SUBJECT: Transportation: task force: permit processing

SUMMARY: Directs the Secretary of the California State Transportation Agency (CalSTA), in consultation with the Secretary of the Natural Resources Agency, to create a Transportation Permitting Task Force, as prescribed. Specifically, this bill:

1. Directs the CalSTA Secretary, by April 1, 2018, to create the task force with the specific purpose of developing a process for early engagement of all parties in developing transportation project to improve timeliness and reliability of environmental permit approvals.
2. Prescribes the membership of the task force to include representatives of the following agencies:
   1. Transportation Agency;
   2. Natural Resources Agency;
   3. Environmental Protection Agency;
   4. California Transportation Commission (CTC);
   5. California Department of Transportation (Caltrans);
   6. California Department of Fish and Wildlife;
   7. California Department of Water Resources; and,
   8. California Coastal Commission.
3. Directs the Secretary of CalSTA to prepare and submit a report of the task force's findings to the appropriate legislative policy and fiscal committees by December 1, 2018.
4. Sets forth specific requirements to be included in the report, including:
   1. A description of the existing permitting process for transportation projects, including a discussion of where in the process delays are most likely to occur;
   2. An identification of existing personnel positions that are supported by Caltrans and resourced to various state agencies and their costs, as well as a discussion of the benefits these resources bring to transportation programs;
   3. Recommendations for improving the permitting process through early engagement in project development;
   4. An identification of the resource levels needed at resource agencies to implement the improved process, as proposed; and,
   5. An identification of legislative and/or regulatory hurdles that would need to be addressed to implement the improved process, as proposed.

EXISTING LAW: Regulates development activities that would otherwise be prohibited by law by establishing permit programs to ensure that such activities are carried out in a manner that safeguards, for example, endangered species, waterways, cultural resources, and air quality.

FISCAL EFFECT: Unknown

COMMENT: Under existing law, transportation projects can take many years from inception to construction and operation. Project sponsors and applicants must maneuver through a multi-stage development and review process that includes environmental impact review and mitigation, design and engineering, right-of-way acquisition, financing, construction and other related requirements. Delays in the permit approval process are common and, because of the traditional sequential project approval and permitting processes, can greatly extend the length of time needed to complete a particular project.

The author introduced this bill, in part, in response to a legislative recommendation made by the CTC in its 2016 annual report. Specifically, that report recommended that the Legislature create a task force comprised of state environmental permitting agencies and transportation entities to establish a process for early engagement of all parties in project development to reduce permit processing time, establish reasonable deadlines for permit approvals, and provide greater certainty of permit approval requirements. According to CTC:

"The current state environmental permitting processes for transportation projects leads to increased costs and less efficient project delivery. Obtaining all necessary environmental permits and approvals from responsible agencies is a critical milestone in the project development process. If permits are delayed–whether due to insufficient staffing levels, competing priorities, or other factors affecting the responsiveness of the permitting agency–a project will be delayed and costs increased.

Caltrans and other agencies often provide funding to support staff in resource agencies to facilitate timely review of project permitting and approval requirements. It continues to be a challenge, however, to achieve the early engagement of resource agency staff necessary to reduce uncertainty in project development, and to ensure resource agencies are adequately staffed. In addition, requirements of different permitting agencies can be in conflict, increasing uncertainty. Early engagement of permitting agencies, and a commitment to reasonable deadlines for permit approvals, would improve the predictability and management of the project development process, and in turn, reduce the cost of delivering critical infrastructure."

This bill would establish the task force recommended by CTC and may result in accelerating delivery of transportation projects.

Previous legislation: AB 189 (Horton) of 2005 would have established a pilot program to evaluate the potential benefits of an alternative environmental review process focused primarily on consolidating review and permit approval through early engagement of resource agencies, rather than the traditional sequential project approval and permitting process. AB 189 was held on the Assembly Appropriations Committee Suspense File.

AB 1233 (Horton) of 2004 was virtually identical to AB 189, described above, and was also held on the Assembly Appropriations Committee Suspense File.

REGISTERED SUPPORT / OPPOSITION:

Support

California Transportation Commission

Opposition

None on file

Analysis Prepared by: Janet Dawson / TRANS. /