BILL NUMBER: SB 429 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 28, 2004
AMENDED IN ASSEMBLY JUNE 30, 2004
AMENDED IN ASSEMBLY JUNE 22, 2004
AMENDED IN ASSEMBLY JUNE 14, 2004
AMENDED IN SENATE APRIL 30, 2003
INTRODUCED BY Senator Torlakson
(Principal coauthor: Assembly Member Richman)
(Coauthors: Senators Alpert, Cedillo, Denham, Ducheny, and
McPherson)
(Coauthors: Assembly Members Aghazarian, Benoit, Bermudez,
Campbell, Canciamilla, Chavez, Firebaugh, Shirley Horton, Houston,
Matthews, Oropeza, Parra, and Wyland)
FEBRUARY 20, 2003
An act to add and repeal Section 25226 of the Public Resources
Code, relating to public resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 429, as amended, Torlakson. Energy resources: petroleum
infrastructure projects: permits: process.
(1) Existing
Existing law requires the State Energy Resources
Conservation and Development Commission to report to the Governor and
the Legislature regarding the state's petroleum supply and pricing.
This bill would require the Governor to designate, until January
1, 2007, a statewide petroleum infrastructure facilitator in the
commission to investigate rulemaking, permitting, and other
proceedings by public agencies that affect petroleum infrastructure
projects in the state, and to suggest best permitting
practices.
The bill would require the statewide petroleum infrastructure
facilitator, not more than 120 days after the Governor designates him
or her, to (1) identify and list all permits required for petroleum
infrastructure projects and related facilities in the state; (2)
describe current procedures utilized in practice for expediting
permitting for petroleum infrastructure projects; (3) identify and
list all laws, rules, regulations, policies, guidelines, permit
conditions, and standard practices that affect petroleum
infrastructure prospects projects ; (4)
compile and, upon request, make available to persons proposing to
modify, construct, or operate petroleum infrastructure projects,
available guidance documents and other information on permitting
petroleum infrastructure projects; and (5) survey local governments
on procedures for local permits, land use authorizations, and other
approvals made at the local level for petroleum
infrastructure projects.
The bill would require the commission, until January 1, 2007, to
initiate consultations with the statewide petroleum infrastructure
facilitator, and the California Environmental Protection
Agency, the Resources Agency, the United States Environmental
Protection Agency, other states, air districts, public and private
regulated entities, California ports, and other interested persons
, regarding successful methods and best practices
for streamlining permits, leases, and other governmental
authorizations and entitlements that may be required by petroleum
infrastructure projects. The bill would require the consultation to
include a complete report of agencies' and the regulated entities'
experiences with facility siting conducted by the commission, similar
processes in other states, and similar processes in this state.
The bill would require the commission, on or before June 30, 2005,
to identify permitting practices, and to publish for public comment
a complete list of permit streamlining techniques for petroleum
infrastructure projects.
The bill would require the commission, on or before December 31,
2005, to submit a report to the Governor and the Legislature
describing the results of the consultation and the specified list,
together with detailed recommendations for establishing new, improved
processes for permitting petroleum infrastructure projects in
California.
The bill would authorize the commission to adopt rules and
regulations to implement the bill's requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature hereby finds and declares all of the
following:
(a) California's supply of transportation fuel is not keeping pace
with growing demand.
(b) California consumers desire to use the cleanest available
transportation fuels. California has been a pioneer in the
development of cleaner burning gasoline and other cleaner burning
transportation fuels.
(c) In the past two decades, the number of petroleum refineries in
California and the nation has declined, and no new refineries are
anticipated in California.
(d) It is becoming more difficult for California refiners to
improve reliability, improve efficiency, and make incremental
capacity increases to meet demand growth for cleaner burning
transportation fuels. Imports of finished cleaner burning
transportation fuels and blending stocks are now critical to
balancing supply and demand in California.
(e) Ports, marine terminals, refineries, pipelines, terminals, and
other elements of the California petroleum infrastructure are
proving to be inadequate for producing and handling increased volumes
of cleaner burning transportation fuels.
(f) California faces potentially serious transportation fuel
imbalances over the next several years, which necessitate immediate
action by the state on a statewide basis.
(g) The purpose of this act is to respond to the problems facing
the state by promoting incremental investments in new, more reliable,
more efficient, and environmentally superior components of the
California petroleum infrastructure.
SEC. 2. Section 25226 is added to the Public Resources Code, to
read:
25226. (a) The Governor shall designate a statewide petroleum
infrastructure facilitator in the commission to investigate
rulemaking, permitting, and other proceedings by public agencies that
affect petroleum infrastructure projects in the state, and to
suggest best permitting practices.
(b) Not more than 120 days after the Governor designates a
statewide petroleum infrastructure facilitator pursuant to
subdivision (a), the petroleum infrastructure facilitator shall do
all of the following:
(1) Identify and list all permits required for petroleum
infrastructure projects and related facilities in the state.
(2) Describe current procedures utilized in practice for
expediting permitting for petroleum infrastructure projects.
(3) Identify and list all laws, rules, regulations, policies,
guidelines, permit conditions, and standard practices that affect
petroleum infrastructure prospects projects
.
(4) Compile and, upon request, make available to persons proposing
to modify, construct, or operate petroleum infrastructure projects,
available guidance documents and other information on permitting
petroleum infrastructure projects.
(5) Survey local governments on procedures for local permits, land
use authorizations, and other approvals made at the local level for
petroleum infrastructure projects.
(c) In carrying out the duties imposed pursuant to this section,
the statewide petroleum infrastructure facilitator shall consult with
all of the following:
(1) The chair of the commission.
(2) The Chair of the State Air Resources Board.
(3) The Secretary for Environmental Protection.
(4) The Secretary of the Resources Agency.
(5) The Director of the Governor's Office of Planning and
Research.
(6) Representatives from the United States Environmental
Protection Agency, the United States Department of Energy, the United
States Department of the Interior, and other affected federal
agencies, as appropriate.
(7) Representatives of local and regional agencies, including, but
not limited to, air pollution control districts, cities, and air
quality management districts.
(d) The commission shall initiate consultations with the
facilitator appointed designated
pursuant to subdivision (a), and the California
Environmental Protection Agency, the Resources Agency, the United
States Environmental Protection Agency, other states, air districts,
public and private regulated entities, California ports, and other
interested persons , regarding successful methods
and best practices for streamlining permits, leases, and other
governmental authorizations and entitlements that may be required by
petroleum infrastructure projects.
(e) The consultation required pursuant to subdivision (d) shall
include a complete report of agencies' and the regulated entities'
experiences with facility siting conducted by the commission, similar
processes in other states, and similar processes in this state.
(f) On or before June 30, 2005, the commission shall identify
permitting practices, and shall publish for public comment a complete
list of permit streamlining techniques for petroleum infrastructure
projects.
(g) On or before December 31, 2005, the commission shall submit a
report to the Governor and the Legislature describing the results of
the consultation pursuant to this section and the list published
pursuant to subdivision (f), together with detailed recommendations
for establishing new, improved processes for permitting petroleum
infrastructure projects in California.
(h) (1) In taking an action under this section, the commission may
adopt rules and regulations as necessary to ensure that relevant
duties pursuant to this section are carried out.
(2) To implement this section, the commission may adopt emergency
regulations in accordance with Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code.
For purposes of that chapter, including, but not limited to, Section
11349.6 of the Government Code, the adoption of the regulations shall
be considered by the Office of Administrative Law to be necessary
for the immediate preservation of the public peace, health, safety,
and general welfare.
(i) For the purposes of this section, "petroleum infrastructure
projects" include marine terminals, port facilities, product storage
facilities, pipelines, land terminals, refinery projects, and related
kinds of facilities identified by the petroleum infrastructure
facilitator as being necessary to assure a consistent and reliable
supply of cleaner burning gasoline, ultra low sulfur diesel fuel, and
other petroleum products to California consumers.
(j) This section shall remain in effect only until January 1,
2007, and as of that date is repealed, unless a later enacted statute
that is enacted before January 1, 2007, deletes or extends that
date.