AB 2362: Water quality control plans: funding.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-08-11
Existing law authorizes the State Water Resources Control Board, on behalf of itself or a regional board, to accept donations of moneys from a permittee for the purpose of updating a water quality control plan.
This bill would also authorize the state board, on behalf of itself or a regional board, to accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction. The bill would require these moneys and the above-described donations from a permittee to be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement, to be available for expenditure upon appropriation by the Legislature. The bill would repeal these provisions on January 1, 2028.
(1)Existing law requires the Natural Resources Agency, by July 1, 2017, and every 3 years thereafter, to update the states climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires the agency to explore, and authorizes the agency to implement, options within the agencys jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.
This bill would require the agency, on or before July 1, 2023, in coordination with the California Environmental Protection Agency, to convene the Interagency Working Group comprised of regulatory agencies under the auspices of the agency and the California Environmental Protection Agency that are responsible for permitting environmentally beneficial projects, that include procedures and ongoing management for the protection of the environment and that serve the primary purposes of aquatic, riparian ecosystem, or upland habitat restoration, enhancement, or establishment, to coordinate efficient regulatory review and permitting mechanisms, as provided. The bill would authorize the Interagency Working Group to establish and consult with a panel of stakeholders of no more than 15 members, as specified. The bill would require the meetings of the Interagency Working Group and the stakeholder panel to be publicly held with appropriate advance public notice. The bill would require the Interagency Working Group to, among other things, identify existing programmatic and other efficient permitting mechanisms, coordinate actions to expedite permitting for those projects, and develop and implement, as specified, robust internal training procedures, including manuals, guidelines, and other materials, to ensure that each state entity involved in permitting projects uses the same standards to evaluate permit applications, and would require those training manuals, guidelines, and other materials to be readily and publicly available on each applicable state entitys internet website. The bill would require the agency, on or before July 1, 2024, and annually thereafter, to submit a comprehensive report, as specified, to the Legislature evaluating regulatory and permitting mechanisms that meaningfully accelerate those projects. The bill would require the agency to provide funding for the participation of state entities within its jurisdiction in carrying out these provisions. The bill would repeal these provisions on January 1, 2028.
(2)Existing law authorizes the State Water Resources Control Board, on behalf of itself or a regional board, to accept donations of moneys from a permittee for the purpose of updating a water quality control plan.
This bill would also authorize the state board, on behalf of itself or a regional board, to accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction. The bill would require these moneys and the above-described donations from a permittee to be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and would continuously appropriate these moneys and donations to the state board for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement. By continuously appropriating these moneys and donations, the bill would make an appropriation. agreement, to be available for expenditure upon appropriation by the Legislature. The bill would repeal these provisions on January 1, 2028.
(1)Existing law requires the Natural Resources Agency, by July 1, 2017, and every 3 years thereafter, to update the states climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires the agency to explore, and authorizes the agency to implement, options within the agencys jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.
This bill would require the agency, on or before July 1, 2023, in coordination with the California Environmental Protection Agency, to convene the Interagency Working Group comprised of regulatory agencies under the auspices of the agency and the California Environmental Protection Agency that are responsible for permitting environmentally beneficial projects, that include procedures and ongoing management for the protection of the environment and that serve the primary purposes of aquatic, riparian ecosystem, or upland habitat restoration, enhancement, or establishment, to coordinate efficient regulatory review and permitting mechanisms. mechanisms, as provided. The bill would require authorize the Interagency Working Group to establish and consult with a panel of stakeholders, as specified, on a regular basis. stakeholders of no more than 15 members, as specified. The bill would require the meetings of the Interagency Working Group and the stakeholder panel to be publicly held with appropriate advance public notice. The bill would require the Interagency Working Group to, among other things, identify existing programmatic and other efficient permitting mechanisms and mechanisms, coordinate actions to fund and expedite permitting for those projects. projects, and develop and implement, as specified, robust internal training procedures, including manuals, guidelines, and other materials, to ensure that each state entity involved in permitting projects uses the same standards to evaluate permit applications, and would require those training manuals, guidelines, and other materials to be readily and publicly available on each applicable state entitys internet website. The bill would require the agency, on or before July 1, 2024, and annually thereafter, to submit a report comprehensive report, as specified, to the Legislature evaluating regulatory and permitting mechanisms that meaningfully accelerate those projects. The bill would require the agency to provide funding for the participation of state entities within its jurisdiction in carrying out these provisions. The bill would repeal these provisions on January 1, 2028.
The bill would require a public agency that has the principal responsibility for carrying out or approving a project as described above to use efficient permitting mechanisms identified in the above-described report, as appropriate, unless an applicant requests the use of an alternative applicable permitting mechanism. To the extent this bill would impose a new duty on a local agency, the bill would create a state-mandated local program.(2)Existing law authorizes the State Water Resources Control Board, on behalf of itself or a regional board, to accept donations of moneys from a permittee for the purpose of updating a water quality control plan.
This bill would also authorize the state board, on behalf of itself or a regional board, to accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction. The bill would require these moneys and the above-described donations from a permittee to be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and would continuously appropriate these moneys and donations to the state board for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement. By continuously appropriating these moneys and donations, the bill would make an appropriation. The bill would repeal these provisions on January 1, 2028.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.(1)Existing law requires the Natural Resources Agency, by July 1, 2017, and every 3 years thereafter, to update the states climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires the agency to explore, and authorizes the agency to implement, options within the agencys jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.
This bill would require the agency, on or before July 1, 2023, to evaluate existing state interagency collaborations functioning at the regional level to gain applicant and agency staff perspective on process and outcome efficiencies for issuing permits for proposed environmentally beneficial projects, as defined. The bill would require the agency to provide, at the request of an applicant for a permit for a proposed environmentally beneficial project, a voluntary preapplication consultation to the applicant that includes permit analysts from all state agencies with permitting authority over the proposed project, as provided. The bill would require the agency to prepare guidance for meeting statutory and regulatory permit requirements for proposed environmentally beneficial projects, as provided, and share that guidance with state agencies with permitting authority over proposed projects. The bill would require the agency to develop and administer an online permit portal that allows permit applicants for proposed environmentally beneficial projects to submit and track across all relevant state agencies permit application status information for proposed projects.This bill would require the agency, on or before July 1, 2023, in coordination with the California Environmental Protection Agency, to convene the Interagency Working Group comprised of regulatory agencies responsible for permitting environmentally beneficial projects, that serve the primary purposes of aquatic, riparian ecosystem, or upland habitat restoration, enhancement, or establishment, to coordinate efficient regulatory review and permitting mechanisms. The bill would require the Interagency Working Group to establish and consult with a panel of stakeholders, as specified, on a regular basis. The bill would require the Interagency Working Group to, among other things, identify existing programmatic and other efficient permitting mechanisms and coordinate actions to fund and expedite permitting for those projects. The bill would require the agency, on or before July 1, 2024, and annually thereafter, to submit a report to the Legislature evaluating regulatory and permitting mechanisms that meaningfully accelerate those projects.
The bill would require a public agency that has the principal responsibility for carrying out or approving a project as described above to use efficient permitting mechanisms identified in the above-described report, as appropriate, unless an applicant requests the use of an alternative applicable permitting mechanism. To the extent this bill would impose a new duty on a local agency, the bill would create a state-mandated local program.
(2)Existing law authorizes the State Water Resources Control Board, on behalf of itself or a regional board, to accept donations of moneys from a permittee for the purpose of updating a water quality control plan.
This bill would also authorize the state board, on behalf of itself or a regional board, to accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction. The bill would require these moneys and the above-described donations from a permittee to be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and would continuously appropriate these moneys and donations to the state board for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement. By continuously appropriating these moneys and donations, the bill would make an appropriation.
(3)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing
(1)Existing law requires the Natural Resources Agency, by July 1, 2017, and every 3 years thereafter, to update the states climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires the agency to explore, and authorizes the agency to implement, options within the agencys jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.
This bill would require the agency, on or before July 1, 2023, to evaluate existing state interagency collaborations functioning at the regional level to gain applicant and agency staff perspective on process and outcome efficiencies for issuing permits for proposed environmentally beneficial projects, as defined. The bill would require the agency to provide, at the request of an applicant for a permit for a proposed environmentally beneficial project, a voluntary preapplication consultation to the applicant that includes permit analysts from all state agencies with permitting authority over the proposed project, as provided. The bill would require the agency to prepare guidance for meeting statutory and regulatory permit requirements for proposed environmentally beneficial projects, as provided, and share that guidance with state agencies with permitting authority over proposed projects. The bill would require the agency to develop and administer an online permit portal that allows permit applicants for proposed environmentally beneficial projects to submit and track across all relevant state agencies permit application status information for proposed projects.
(2)Existing law authorizes the State Water Resources Control Board, on behalf of itself or a regional board, to accept donations of moneys from a permittee for the purpose of updating a water quality control plan.
This bill would also authorize the state board, on behalf of itself or a regional board, to accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction. The bill would require these moneys and the above-described donations from a permittee to be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and would continuously appropriate these moneys and donations to the state board for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement. By continuously appropriating these moneys and donations, the bill would make an appropriation.
Existing law requires the Natural Resources Agency, by July 1, 2017, and every 3 years thereafter, to update the states climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires the agency to explore, and authorizes the agency to implement, options within the agencys jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.
This bill would require the agency, on or before July 1, 2023, and in consultation with the State Water Resources Control Board, the Department of Food and Agriculture, and the California Environmental Protection Agency, to establish an interagency working group to accelerate and streamline permitting for ecosystem restoration and climate adaptation projects. The bill would require the interagency working group to develop resources for permit applicants and permittees that include, but are not limited to, a unified, online permit application process for existing and proposed projects that includes all appropriate state agencies with regulatory authority over ecosystem restoration and climate adaptation projects. The bill would require the agency, on or before July 1, 2024, and annually thereafter, to submit to the relevant policy committees of the Legislature, and post on the agencys internet website, a report that includes, among other information, the number of ecosystem restoration and climate adaptation project permit applicants and permittees assisted by the interagency working group. to evaluate existing state interagency collaborations functioning at the regional level to gain applicant and agency staff perspective on process and outcome efficiencies for issuing permits for proposed environmentally beneficial projects, as defined. The bill would require the agency to provide, at the request of an applicant for a permit for a proposed environmentally beneficial project, a voluntary preapplication consultation to the applicant that includes permit analysts from all state agencies with permitting authority over the proposed project, as provided. The bill would require the agency to prepare guidance for meeting statutory and regulatory permit requirements for proposed environmentally beneficial projects, as provided, and share that guidance with state agencies with permitting authority over proposed projects. The bill would require the agency to develop and administer an online permit portal that allows permit applicants for proposed environmentally beneficial projects to submit and track across all relevant state agencies permit application status information for proposed projects.
Existing law requires the Natural Resources Agency, by July 1, 2017, and every 3 years thereafter, to update the states climate adaptation strategy to identify vulnerabilities to climate change by sectors and priority actions needed to reduce the risks in those sectors. Existing law requires the agency to explore, and authorizes the agency to implement, options within the agencys jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure.
This bill would require the agency, on or before July 1, 2023, and in consultation with the State Water Resources Control Board, the Department of Food and Agriculture, and the California Environmental Protection Agency, to establish an interagency working group to accelerate and streamline permitting for ecosystem restoration and climate adaptation projects. The bill would require the interagency working group to develop resources for permit applicants and permittees that include, but are not limited to, a unified, online permit application process for existing and proposed projects that includes all appropriate state agencies with regulatory authority over ecosystem restoration and climate adaptation projects. The bill would require the agency, on or before July 1, 2024, and annually thereafter, to submit to the relevant policy committees of the Legislature, and post on the agencys internet website, a report that includes, among other information, the number of ecosystem restoration and climate adaptation project permit applicants and permittees assisted by the interagency working group.
(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)The state board may, on behalf of itself or a regional board, accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction.
(c)All funds received pursuant to this section shall be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement, to be available for expenditure upon appropriation by the Legislature.
(d)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 4.SEC. 2.Section 13249 is added to the Water Code, to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)This section shall become operative on January 1, 2028.
(a)The Legislature finds and declares all of the following:
(1)Urgent action is needed to combat the biodiversity and climate crises affecting Californias natural habitats.
(2)As part of combating these crises, it is necessary to accelerate actions to enable the state to adapt and become more resilient to the impacts of climate change, including by expanding nature-based solutions.
(3)Projects that restore healthy ecosystems are a key component of the states strategy to build nature-based solutions and establish climate resilience.
(4)The Cutting Green Tape initiative, implemented by the Natural Resources Agency, is a collaborative effort, involving habitat restoration stakeholders and state government, to increase the pace and scale of environmentally beneficial restoration and stewardship by amending and streamlining various government processes.
(b)It is therefore the intent of the Legislature to provide a statutory framework for state agencies to accelerate habitat restoration projects within state agencies at statewide and regional levels.
SEC. 2.Section 71161 is added to the Public Resources Code, to read:71161.(a)For purposes of this section, project means an environmentally beneficial project that includes procedures and ongoing management for the protection of the environment and that serves the primary purposes of aquatic, riparian ecosystem, or upland habitat restoration, enhancement, or establishment to improve water quality, restore native vegetation, recover species, or promote natural hydrologic processes that may have an incidental climate resiliency or other public benefit, including, but not limited to, natural flood attenuation, groundwater recharge, public access, or recreation, but not a project that serves the primary purpose of nonrestoration-related development. A project does not include any construction activities except for those solely related to habitat restoration.
(b)On or before July 1, 2023, the agency, in coordination with the California Environmental Protection Agency, shall convene the Interagency Working Group comprised of regulatory agencies under the auspices of the agency and the California Environmental Protection Agency that are responsible for permitting projects, including, but not limited to, the Department of Fish and Wildlife, to coordinate efficient regulatory review and permitting mechanisms. The composition of the Interagency Working Group shall always include the agency agency, the California Environmental Protection Agency, the State Water Resources Control Board, and the Department of Fish and Wildlife but other members may change over time.
(c)(1)The Interagency Working Group may establish and consult with a panel of stakeholders of no more than 15 members.
(2)The agency, in consultation with the California Environmental Protection Agency, shall develop robust, public, and transparent conflict of interest requirements for the panel prior to its establishment.
(3)The Interagency Working Group, in establishing the panel of stakeholders, shall ensure all of the following:
(A)Members are representative of diverse stakeholder interests and experience, including, but not limited to, the following stakeholders:
(i)Those with experience permitting projects.
(ii)Those that have received permits for projects across the state.
(iii)Local governments with permitting authority for projects.
(iv)Those who sponsor projects.
(B)Members are appointed with consideration of the principles of justice, equity, diversity, and inclusion.
(C)Members are subject to, and shall conform with, the conflict of interest requirements established by the agency pursuant to paragraph (2).
(4)Members of the Interagency Working Groups stakeholder panel shall serve without compensation, except for the reimbursement of any necessary travel expense, which shall be available for reimbursement by the agency.
(d)Meetings of the Interagency Working Group and the stakeholder panel shall be publicly held with appropriate advance public notice.
(e)The Interagency Working Group shall also encourage the participation of federal agencies responsible for permitting projects.
(f)Under the oversight of the agency, the Interagency Working Group shall do all of the following:
(1)Identify existing programmatic and other efficient permitting mechanisms, for example, those established pursuant to Chapter 6.5 (commencing with Section 1650) of Division 2 of the Fish and Game Code, for permitting projects.
(2)Coordinate actions to expedite permitting for eligible projects, including, but not limited to, coordinating programmatic permits, organizational structure efficiencies, or unified permit applications.
(3)Investigate the feasibility of developing and administering an online permit portal to create an efficient and effective application submission and tracking system for qualifying projects.
(4)Incorporate input from permit applicants and other stakeholders to inform potential agency actions to be proposed by the Interagency Working Group.
(5)Develop and implement robust and ongoing public outreach, education, and engagement materials and efforts to ensure that stakeholders and the broader public are aware of, and have the opportunity to engage with, the Interagency Working Group and relevant state entities on permit streamlining efforts pursuant to this section.
(6)(A)Develop and implement, or require the development and implementation of by applicable state entities, robust internal training procedures, including manuals, guidelines, and other materials, in order to help ensure that each state entity involved in permitting uses the same standards to evaluate permit applications under the same program statewide.
(B)The training manuals, guidelines, and other materials developed pursuant to subparagraph (A) shall be readily and publicly available on all of the applicable state entities internet websites.
(g)(1)On or before July 1, 2024, and annually thereafter, the agency shall prepare and submit to the Legislature a comprehensive report evaluating regulatory and permitting mechanisms that meaningfully accelerate projects. The report shall include, but not be limited to, a review of all of the following information demonstrating the efforts of the Interagency Working Group to meet the requirements of subdivision (f):
(A)Identification of existing programmatic and other efficient permitting mechanisms for projects.
(B)A review of the progress made by the Interagency Working Group, and the state regulatory agencies that comprise it, toward completing the requirements of subdivision (f).
(C)A list and description of the projects approved by each state entity, as applicable.
(D)Identification of the counties and watersheds in which applicable state entities have approved permits.
(E)The average permit processing time by each state entity for each project.
(F)The number of permits granted by each state entity for each applicable project.
(G)Specific strategies and changes instituted to streamline permitting as implemented by each state entity.
(H)Lessons learned to improve ongoing permitting processes and restoration work.
(I)Incentives provided for applicable state entities to accelerate permit streamlining.
(J)The development and implementation of new, or revisions to existing, programmatic permitting approaches.
(K)The resources dedicated by state entities to advance the goals of this section.
(L)An overview of public education and outreach, public engagement, and training efforts required by each applicable state entity in carrying out the goals of this section.
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(h)The agency shall provide funding for the participation of state entities within its jurisdiction to fulfill the requirements of this section.
(i)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 3.Section 13249 of the Water Code is amended to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)The state board may, on behalf of itself or a regional board, accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction.
(c)All funds received pursuant to this section shall be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated to the state board, without regard to fiscal years, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement. agreement, to be available for expenditure upon appropriation by the Legislature.
(d)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 4.Section 13249 is added to the Water Code, to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)This section shall become operative on January 1, 2028.
(a)The Legislature finds and declares all of the following:
(1)Urgent action is needed to combat the biodiversity and climate crises affecting Californias natural habitats.
(2)As part of combating these crises, it is necessary to accelerate actions to enable the state to adapt and become more resilient to the impacts of climate change, including by expanding nature-based solutions.
(3)Projects that restore healthy ecosystems are a key component of the states strategy to build nature-based solutions and establish climate resilience.
(4)The Cutting Green Tape initiative, implemented by the Natural Resources Agency, is a collaborative effort, involving habitat restoration stakeholders and state government, to increase the pace and scale of environmentally beneficial restoration and stewardship by amending and streamlining various government processes.
(5)In order to establish a coordinated and efficient response to combat the biodiversity and climate crises affecting Californias natural habitats, the Legislature should do all of the following:(A)Take action to support the implementation of the Cutting Green Tape initiative and its associated recommendations.(B)Assist the Natural Resources Agency in implementing the Cutting Green Tape initiative.(C)Prioritize actions that result in material changes to state agency processes to meaningfully accelerate projects that primarily result in greater ecological restoration and stewardship.(D)Prioritize funding for staff at state agencies to implement the Cutting Green Tape initiative as part of the annual budget process.(b)It is therefore the intent of the Legislature to provide a statutory framework for state agencies to accelerate habitat restoration projects within state agencies at statewide and regional levels.
SEC. 2.Section 71161 is added to the Public Resources Code, to read:71161.(a)For purposes of this section, project means an environmentally beneficial project that includes procedures and ongoing management for the protection of the environment and that serves the primary purposes of aquatic, riparian ecosystem, or upland habitat restoration, enhancement, or establishment to improve water quality, restore native vegetation, recover species, or promote natural hydrologic processes that may have an incidental climate resiliency or other public benefit, including, but not limited to, natural flood attenuation, groundwater recharge, public access, or recreation, but not a project that serves the primary purpose of nonrestoration-related development. A project does not include any construction activities except for those solely related to habitat restoration.
(b)On or before July 1, 2023, the agency, in coordination with the California Environmental Protection Agency, shall convene the Interagency Working Group comprised of regulatory agencies under the auspices of the agency and the California Environmental Protection Agency that are responsible for permitting projects projects, including, but not limited to, the Department of Fish and Wildlife, to coordinate efficient regulatory review and permitting mechanisms. The composition of the Interagency Working Group shall always include the agency and the Department of Fish and Wildlife but other members may change over time.
(c)(1)The Interagency Working Group shall may establish and consult with a panel of stakeholders on a regular basis. The panel shall include, but not be limited to, all the following stakeholders: stakeholders of no more than 15 members.
(1)A nonprofit organization with experience in cooperating with state agencies to develop regulatory permitting procedures.(2)An organization that has completed a project in northern California within the past five years.(3)An organization that has completed a project in the central valley within the past five years.(4)An organization that has completed a project in southern California within the past five years.(5)An organization that has completed a project in the Sierra Nevada Region within the past five years.(6)A local government agency with permitting authority for projects.(7)An organization representing businesses that sponsor projects.(8)A representative of the ecological workforce implementing projects.(2)The agency, in consultation with the California Environmental Protection Agency, shall develop robust, public, and transparent conflict of interest requirements for the panel prior to its establishment.
(3)The Interagency Working Group, in establishing the panel of stakeholders, shall ensure all of the following:
(A)Members are representative of diverse stakeholder interests and experience, including, but not limited to, the following stakeholders:
(i)Those with experience permitting projects.
(ii)Those that have received permits for projects across the state.
(iii)Local governments with permitting authority for projects.
(iv)Those who sponsor projects.
(B)Members are appointed with consideration of the principles of justice, equity, diversity, and inclusion.
(C)Members are subject to, and shall conform with, the conflict of interest requirements established by the agency pursuant to paragraph (2).
(4)Members of the Interagency Working Groups stakeholder panel shall serve without compensation, except for the reimbursement of any necessary travel expense, which shall be available for reimbursement by the agency.
(d)Meetings of the Interagency Working Group and the stakeholder panel shall be publicly held with appropriate advance public notice.
(d)(e)The Interagency Working Group shall also encourage the participation of federal agencies responsible for permitting projects.
(e)(f)Under the oversight of the agency, the Interagency Working Group shall do all of the following:
(1)Identify existing programmatic and other efficient permitting mechanisms, including, but not limited to, for example, those established pursuant to Chapter 6.5 (commencing with Section 1650) of Division 2 of the Fish and Game Code, for permitting projects.
(2)Coordinate actions to fund and expedite permitting for eligible projects, including, but not limited to, coordinating programmatic permits, legislative actions, organizational structure efficiencies, or unified permit applications.
(3)Investigate the feasibility of developing and administering an online permit portal to create an efficient and effective application submission and tracking system for qualifying projects.
(4)Incorporate input from permit applicants, nonprofit entities with experience in programmatic permitting for restoration projects applicants and other stakeholders identified by the Interagency Working Group to inform potential agency actions to be proposed by the Interagency Working Group.
(5)Develop and implement robust and ongoing public outreach, education, and engagement materials and efforts to ensure that stakeholders and the broader public are aware of, and have the opportunity to engage with, the Interagency Working Group and relevant state entities on permit streamlining efforts pursuant to this section.
(6)(A)Develop and implement, or require the development and implementation of by applicable state entities, robust internal training procedures, including manuals, guidelines, and other materials, in order to help ensure that each state entity involved in permitting uses the same standards to evaluate permit applications under the same program statewide.
(B)The training manuals, guidelines, and other materials developed pursuant to subparagraph (A) shall be readily and publicly available on all of the applicable state entities internet websites.
(f)(g)(1)Notwithstanding Section 10231.5 of the Government Code, on On or before July 1, 2024, and annually thereafter, the agency shall prepare and submit to the Legislature a comprehensive report evaluating regulatory and permitting mechanisms that meaningfully accelerate projects. The report shall include, but not be limited to, identification a review of all of the following information demonstrating the efforts of the Interagency Working Group to meet the requirements of subdivision (f):
(A)Identification of existing programmatic and other efficient permitting mechanisms for projects and a projects.
(B)A review of the progress made by the Interagency Working Group Group, and the state regulatory agencies that comprise it, toward completing the requirements of subdivision (e). (f).
(C)A list and description of the projects approved by each state entity, as applicable.
(D)Identification of the counties and watersheds in which applicable state entities have approved permits.
(E)The average permit processing time by each state entity for each project.
(F)The number of permits granted by each state entity for each applicable project.
(G)Specific strategies and changes instituted to streamline permitting as implemented by each state entity.
(H)Lessons learned to improve ongoing permitting processes and restoration work.
(I)Incentives provided for applicable state entities to accelerate permit streamlining.
(J)The development and implementation of new, or revisions to existing, programmatic permitting approaches.
(K)The resources dedicated by state entities to advance the goals of this section.
(L)An overview of public education and outreach, public engagement, and training efforts required by each applicable state entity in carrying out the goals of this section.
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g)After the Interagency Working Group issues the first report identifying existing programmatic and other efficient permitting mechanisms for projects pursuant to subdivision (f), a public agency that has the principal responsibility for carrying out or approving a project shall use the identified efficient permitting mechanisms in the report, as appropriate, unless an applicant requests the use of an alternative applicable permitting mechanism.(h)The agency shall provide funding for the participation of state entities within its jurisdiction to fulfill the requirements of this section.
(i)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 3.Section 13249 of the Water Code is amended to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)The state board may, on behalf of itself or a regional board, accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction.
(c)All funds received pursuant to this section shall be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated to the state board, without regard to fiscal years, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement.
(d)This section shall remain in effect only until January 1, 2028, and as of that date is repealed.
SEC. 4.Section 13249 is added to the Water Code, to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)This section shall become operative on January 1, 2028.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.(a)The Legislature finds and declares all of the following:
(1)Urgent action is needed to combat the biodiversity and climate crises affecting Californias natural habitats.
(2)As part of combating these crises, it is necessary to accelerate actions to enable the state to adapt and become more resilient to the impacts of climate change, including by expanding nature-based solutions.
(3)Projects that restore healthy ecosystems are a key component of the states strategy to build nature-based solutions and establish climate resilience.
(4)The Cutting Green Tape initiative, implemented by the Natural Resources Agency, is a collaborative effort, involving habitat restoration stakeholders and state government, to increase the pace and scale of environmentally beneficial restoration and stewardship by amending and streamlining various government processes.
(5)In order to establish a coordinated and efficient response to combat the biodiversity and climate crises affecting Californias natural habitats, the Legislature should do all of the following:
(A)Take action to support the implementation of the Cutting Green Tape initiative and its associated recommendations.
(B)Assist the Natural Resources Agency in implementing the Cutting Green Tape initiative.
(C)Prioritize actions that result in material changes to state agency processes to meaningfully accelerate projects that primarily result in greater ecological restoration and stewardship.
(D)Prioritize funding for staff at state agencies to implement the Cutting Green Tape initiative as part of the annual budget process.
(b)It is therefore the intent of the Legislature to accelerate restoration projects within state agencies at statewide and regional levels.
SECTION 1.Section 71161 is added to the Public Resources Code, to read:71161.(a)On or before July 1, 2023, the agency shall evaluate existing state interagency collaborations functioning at the regional level, such as the San Francisco Bay Restoration Regulatory Integration Team, to gain applicant and agency staff perspective on process and outcome efficiencies for issuing permits for proposed environmentally beneficial projects.(b)(1)The agency shall provide, at the request of an applicant for a permit for a proposed environmentally beneficial project, a voluntary preapplication consultation to the applicant that includes permit analysts from all state agencies with permitting authority over the proposed project. The agency shall incorporate in the new statewide voluntary preapplication coordination process all lessons learned by the agency from the evaluation required by subdivision (a).(2)(A)The agency shall prepare guidance for meeting statutory and regulatory permit requirements for proposed environmentally beneficial projects that enables the most efficient permit application process.(B)The agency shall share the guidance prepared pursuant to subparagraph (A) with state agencies with permitting authority over proposed environmentally beneficial projects.(c)The agency shall develop and administer an online permit portal that allows permit applicants for proposed environmentally beneficial projects to submit and track across all relevant state agencies permit application status information for proposed projects. The agency shall maintain and update the portal with feedback from permit applicants regarding portal operations.(d)(1)For purposes of this section, environmentally beneficial project means a project undertaken for the primary purpose of ecosystem restoration and habitat conservation, enhancement, or preservation. An environmentally beneficial project may also benefit climate resiliency and provide incidental public benefits, such as public access and recreation.(2)Environmentally beneficial project does not include a project that involves construction activities, except for construction activities solely related to ecosystem restoration and habitat conservation, enhancement, or preservation.SEC. 2.Section 71161 is added to the Public Resources Code, to read:71161.(a)For purposes of this section, project means an environmentally beneficial project that serves the primary purposes of aquatic, riparian ecosystem, or upland habitat restoration, enhancement, or establishment to improve water quality, restore native vegetation, recover species, or promote natural hydrologic processes that may have an incidental climate resiliency or other public benefit, including, but not limited to, natural flood attenuation, groundwater recharge, public access, or recreation, but not a project that serves the primary purpose of nonrestoration-related development.
(b)On or before July 1, 2023, the agency, in coordination with the California Environmental Protection Agency, shall convene the Interagency Working Group comprised of regulatory agencies responsible for permitting projects to coordinate efficient regulatory review and permitting mechanisms.
(c)The Interagency Working Group shall establish and consult with a panel of stakeholders on a regular basis. The panel shall include, but not be limited to, all the following stakeholders:
(1)A nonprofit organization with experience in cooperating with state agencies to develop regulatory permitting procedures.
(2)An organization that has completed a project in northern California within the past five years.
(3)An organization that has completed a project in the central valley within the past five years.
(4)An organization that has completed a project in southern California within the past five years.
(5)An organization that has completed a project in the Sierra Nevada Region within the past five years.
(6)A local government agency with permitting authority for projects.
(7)An organization representing businesses that sponsor projects.
(8)A representative of the ecological workforce implementing projects.
(d)The Interagency Working Group shall also encourage the participation of federal agencies responsible for permitting projects.
(e)Under the oversight of the agency, the Interagency Working Group shall do all of the following:
(1)Identify existing programmatic and other efficient permitting mechanisms, including, but not limited to, those established pursuant to Chapter 6.5 (commencing with Section 1650) of Division 2 of the Fish and Game Code, for permitting projects.
(2)Coordinate actions to fund and expedite permitting for eligible projects, including, but not limited to, coordinating programmatic permits, legislative actions, organizational structure efficiencies, or unified permit applications.
(3)Investigate the feasibility of developing and administering an online permit portal to create an efficient and effective application submission and tracking system for qualifying projects.
(4)Incorporate input from permit applicants, nonprofit entities with experience in programmatic permitting for restoration projects and other stakeholders identified by the Interagency Working Group to inform potential agency actions to be proposed by the Interagency Working Group.
(f)(1)Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2024, and annually thereafter, the agency shall prepare and submit to the Legislature a report evaluating regulatory and permitting mechanisms that meaningfully accelerate projects. The report shall include, but not be limited to, identification of existing programmatic and other efficient permitting mechanisms for projects and a review of the progress made by the Interagency Working Group toward completing the requirements of subdivision (e).
(2)A report to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.
(g)After the Interagency Working Group issues the first report identifying existing programmatic and other efficient permitting mechanisms for projects pursuant to subdivision (f), a public agency that has the principal responsibility for carrying out or approving a project shall use the identified efficient permitting mechanisms in the report, as appropriate, unless an applicant requests the use of an alternative applicable permitting mechanism.
SEC. 2.SEC. 3.Section 13249 of the Water Code is amended to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)The state board may, on behalf of itself or a regional board, accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction.
(c)All funds received pursuant to this section shall be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated to the state board, without regard to fiscal years, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement.
SEC. 4.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)On or before July 1, 2023, the agency shall evaluate existing state interagency collaborations functioning at the regional level, such as the San Francisco Bay Restoration Regulatory Integration Team, to gain applicant and agency staff perspective on process and outcome efficiencies for issuing permits for proposed environmentally beneficial projects.
(b)(1)The agency shall provide, at the request of an applicant for a permit for a proposed environmentally beneficial project, a voluntary preapplication consultation to the applicant that includes permit analysts from all state agencies with permitting authority over the proposed project. The agency shall incorporate in the new statewide voluntary preapplication coordination process all lessons learned by the agency from the evaluation required by subdivision (a).
(2)(A)The agency shall prepare guidance for meeting statutory and regulatory permit requirements for proposed environmentally beneficial projects that enables the most efficient permit application process.
(B)The agency shall share the guidance prepared pursuant to subparagraph (A) with state agencies with permitting authority over proposed environmentally beneficial projects.
(c)The agency shall develop and administer an online permit portal that allows permit applicants for proposed environmentally beneficial projects to submit and track across all relevant state agencies permit application status information for proposed projects. The agency shall maintain and update the portal with feedback from permit applicants regarding portal operations.
(d)(1)For purposes of this section, environmentally beneficial project means a project undertaken for the primary purpose of ecosystem restoration and habitat conservation, enhancement, or preservation. An environmentally beneficial project may also benefit climate resiliency and provide incidental public benefits, such as public access and recreation.
(2)Environmentally beneficial project does not include a project that involves construction activities, except for construction activities solely related to ecosystem restoration and habitat conservation, enhancement, or preservation.
SEC. 2.Section 13249 of the Water Code is amended to read:13249.(a)The state board may, on behalf of itself or a regional board, accept donations of moneys from a permittee for the purpose of updating a water quality control plan as consistent with the designated use of the funds.
(b)The state board may, on behalf of itself or a regional board, accept moneys from donations, grants, or contributions, or through contractual agreements, given for the purpose of planning, permitting, or providing technical support for projects of public benefit within the state board or regional boards jurisdiction.
(c)All funds received pursuant to this section shall be deposited, and separately accounted for, in the State Water Pollution Cleanup and Abatement Account, and notwithstanding Section 13340 of the Government Code, are hereby continuously appropriated to the state board, without regard to fiscal years, for expenditure in accordance with the terms of the donation, grant, contribution, or contractual agreement.
(a)On or before July 1, 2023, the agency, in consultation with the State Water Resources Control Board, the Department of Food and Agriculture, and the California Environmental Protection Agency, agency shall establish an interagency working group to accelerate and streamline permitting for ecosystem restoration and climate adaptation projects. evaluate existing state interagency collaborations functioning at the regional level, such as the San Francisco Bay Restoration Regulatory Integration Team, to gain applicant and agency staff perspective on process and outcome efficiencies for issuing permits for proposed environmentally beneficial projects.
(b)The interagency working group shall develop resources for ecosystem restoration and climate adaptation permit applicants and permittees that include, but are not limited to, all of the following:(1)A unified, online permit application process for existing and proposed projects that includes all appropriate state agencies with regulatory authority over ecosystem restoration and climate adaptation projects.(2)Pre-application consultations that include permit analysts from all appropriate agencies with regulatory authority over proposed ecosystem restoration and climate adaptation projects, and jointly prepared written guidance for meeting regulatory permit requirements.(3)Coordination between agencies for each ecosystem restoration and climate adaptation project to resolve conflicting or redundant permit requirements.(4)Inclusion of appropriate local and regional authorities in the interagency working groups permit consultation and coordination efforts.(c)(1)Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2024, and on or before July 1 of each year thereafter, the agency, in coordination with the State Water Resources Control Board, the Department of Food and Agriculture, and California the Environmental Protection Agency, shall submit a report to the relevant policy committees of the Legislature that includes all of the following:(A)The number of ecosystem restoration and climate adaptation project permit applicants and permittees assisted by the interagency working group.(B)The number, location, and goals of the ecosystem restoration and climate adaptation projects for which the interagency group provided assistance.(C)Steps taken to resolve policy issues that may otherwise limit the scope or pace of permitting for ecosystem restoration and climate adaptation projects.(D)Recommendations for further improvements to increase interagency coordination and the scope and pace of permitting for ecosystem restoration and climate mitigation projects.(2)The agency shall post a copy of the report required pursuant to paragraph (1) on its internet website within 30 days of completion of the report.(b)(1)The agency shall provide, at the request of an applicant for a permit for a proposed environmentally beneficial project, a voluntary preapplication consultation to the applicant that includes permit analysts from all state agencies with permitting authority over the proposed project. The agency shall incorporate in the new statewide voluntary preapplication coordination process all lessons learned by the agency from the evaluation required by subdivision (a).
(2)(A)The agency shall prepare guidance for meeting statutory and regulatory permit requirements for proposed environmentally beneficial projects that enables the most efficient permit application process.
(B)The agency shall share the guidance prepared pursuant to subparagraph (A) with state agencies with permitting authority over proposed environmentally beneficial projects.
(c)The agency shall develop and administer an online permit portal that allows permit applicants for proposed environmentally beneficial projects to submit and track across all relevant state agencies permit application status information for proposed projects. The agency shall maintain and update the portal with feedback from permit applicants regarding portal operations.
(d)(1)For purposes of this section, environmentally beneficial project means a project undertaken for the primary purpose of ecosystem restoration and habitat conservation, enhancement, or preservation. An environmentally beneficial project may also benefit climate resiliency and provide incidental public benefits, such as public access and recreation.
(2)Environmentally beneficial project does not include a project that involves construction activities, except for construction activities solely related to ecosystem restoration and habitat conservation, enhancement, or preservation.
(a)On or before July 1, 2023, the agency, in consultation with the State Water Resources Control Board, the Department of Food and Agriculture, and the California Environmental Protection Agency, shall establish an interagency working group to accelerate and streamline permitting for ecosystem restoration and climate adaptation projects.
(b)The interagency working group shall develop resources for ecosystem restoration and climate adaptation permit applicants and permittees that include, but are not limited to, all of the following:
(1)A unified, online permit application process for existing and proposed projects that includes all appropriate state agencies with regulatory authority over ecosystem restoration and climate adaptation projects.
(2)Pre-application consultations that include permit analysts from all appropriate agencies with regulatory authority over proposed ecosystem restoration and climate adaptation projects, and jointly prepared written guidance for meeting regulatory permit requirements.
(3)Coordination between agencies for each ecosystem restoration and climate adaptation project to resolve conflicting or redundant permit requirements.
(4)Inclusion of appropriate local and regional authorities in the interagency working groups permit consultation and coordination efforts.
(c)(1)Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2024, and on or before July 1 of each year thereafter, the agency, in coordination with the State Water Resources Control Board, the Department of Food and Agriculture, and California the Environmental Protection Agency, shall submit a report to the relevant policy committees of the Legislature that includes all of the following:
(A)The number of ecosystem restoration and climate adaptation project permit applicants and permittees assisted by the interagency working group.
(B)The number, location, and goals of the ecosystem restoration and climate adaptation projects for which the interagency group provided assistance.
(C)Steps taken to resolve policy issues that may otherwise limit the scope or pace of permitting for ecosystem restoration and climate adaptation projects.
(D)Recommendations for further improvements to increase interagency coordination and the scope and pace of permitting for ecosystem restoration and climate mitigation projects.
(2)The agency shall post a copy of the report required pursuant to paragraph (1) on its internet website within 30 days of completion of the report.
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Date
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Status
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| Aug 22, 2022 | Ordered to inactive file at the request of Senator Stern. |
| Aug 15, 2022 | Read second time. Ordered to third reading. |
| Aug 11, 2022 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11). |
| Aug 2, 2022 | In committee: Referred to suspense file. |
| Jun 30, 2022 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 29, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (June 29). |
| Jun 21, 2022 | Read second time and amended. Re-referred to Com. on E.Q. |
| Jun 20, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on E.Q. (Ayes 7. Noes 0.) (June 20). |
| Jun 13, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 8, 2022 | Referred to Coms. on N.R. & W. and E.Q. |
| May 27, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 26, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 72. Noes 0.) |
| May 23, 2022 | Read second time. Ordered to third reading. |
| May 19, 2022 | From committee: Amend, and do pass as amended. (Ayes 14. Noes 0.) (May 19). |
| May 11, 2022 | In committee: Set, first hearing. Referred to suspense file. |
| Apr 19, 2022 | Re-referred to Com. on APPR. |
| Apr 18, 2022 | Read second time and amended. |
| Apr 7, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (April 4). |
| Mar 3, 2022 | Referred to Com. on NAT. RES. |
| Feb 17, 2022 | From printer. May be heard in committee March 19. |
| Feb 16, 2022 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| May 26, 2022 | AB 2362 Mullin Assembly Third Reading | Assembly Floor |
Passed |
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