Bill Text

Bill Information


Add To My Favorites | print page

SB-429 Energy resources: petroleum infrastructure projects: permits: process.(2003-2004)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
SB429:v94#DOCUMENT

Amended  IN  Senate  April 30, 2003
Amended  IN  Assembly  June 14, 2004
Amended  IN  Assembly  June 22, 2004
Amended  IN  Assembly  June 30, 2004
Amended  IN  Assembly  July 28, 2004

CALIFORNIA LEGISLATURE— 2003–2004 REGULAR SESSION

Senate Bill
No. 429


Introduced  by  Senator Torlakson
(Principal Coauthor(s): Assembly Member Richman)
(Coauthor(s): Senator Alpert, Cedillo, Denham, Ducheny, McPherson)
(Coauthor(s): Assembly Member Aghazarian, Benoit, Bermudez, Campbell, Canciamilla, Chavez, Firebaugh, Shirley Horton, Houston, Matthews, Oropeza, Parra, 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   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.