42320. This article shall be known, and may be cited, as the Air
Pollution Permit Streamlining Act of 1992.
42321. The Legislature finds and declares as follows:
(a) California's air pollution control programs have been among
the most successful efforts in the country to reduce air pollution
and to protect public health and the environment.
(b) It is in the interest of the people of the state, particularly
during times of economic difficulty, to enact laws which improve the
processes by which businesses comply with environmental and air
quality laws, without sacrificing the protection of public health and
the environment.
(c) The purpose of this article is to require districts to review
their permit programs and to institute new, efficient procedures
which will assist businesses in complying with regional, state, and
federal air quality laws in an expedited fashion, without reducing
protection of public health and the environment.
42322. (a) Every district shall establish, by regulation, a program
to provide for the expedited review of permits issued pursuant to
Article 1 (commencing with Section 42300) in order to reduce
unnecessary delay in the issuance of those permits and to protect the
public health and the environment. The expedited permit system shall
include all of the following:
(1) A precertification program for equipment which is
mass-produced and operated by numerous sources under the same or
similar conditions, in order to allow permit applicants who purchase
that equipment to receive permits in an expedited fashion.
(2) A consolidated permitting process for any source that requires
more than one permit, which provides that the source will be
permitted on a facility or project basis, provides a single point of
contact for the permit applicant, and allows a source to be reviewed
and permitted on a single, consolidated schedule.
(3) An expedited permit review schedule, based upon the types and
amount of pollution emitted from sources. In order to comply with
this subdivision, a district shall classify sources within its
jurisdiction as minor, moderate, and major sources of air pollution,
and shall establish a permit action schedule that sets forth specific
deadlines, based on each classification, for an air pollution
control officer to notify a permit applicant in writing of the
approval or disapproval of a permit application.
(4) A training and certification program for private sector
personnel, in order to establish a pool of professionals who can
certify businesses as being in compliance with district rules and
regulations.
(5) The development of standardized permit application forms that
are written in clear and understandable language and provide
applicants with adequate information to complete and return the
forms.
(6) To the extent that a district determines that it will not
adversely affect the public health and safety or the environment, the
consolidation of the authority to construct and permit to operate
into a single permit process in order to reduce processing times and
paperwork for stationary sources.
(7) An appeals process whereby, if the air pollution control
officer fails to notify a permit applicant of the approval or
disapproval of a permit application within the schedule established
pursuant to paragraph (3), the permit applicant may, after notifying
the district, request the district board, at its next regularly
scheduled meeting, to set a date certain on which the permit will be
acted upon. This paragraph does not prohibit a permit applicant from
seeking relief under Section 42302.
(b) For those districts which have a population of less than
1,000,000 persons, the state board shall provide assistance in
developing regulations implementing this section.
(c) This section does not apply to county air pollution control
districts in counties that have a population of less than 250,000
persons.
42322.5. Districts with a population of more than 500,000 persons
shall additionally implement the following permit streamlining
measures:
(a) Upon a permit applicant's request, the district shall allow
the permit applicant to meet with district staff prior to the
submittal of a permit to construct in order to identify issues and
ways to expedite the permitting process.
(b) The district shall allow the permit applicant to propose
conditions that are consistent with the applicable rules or
regulations for the district's consideration.
(c) Before a district implements a rule or regulation for
categories of emission sources for which significant capital
expenditures will be required, the district shall develop, with input
from the regulated community, a permitting protocol for any permits
that will be required for common types of operating equipment,
processes, or related air pollution control equipment as a result of
the rule or regulation. Each district shall compile those protocols
and make them available to businesses that are regulated by the rule
or regulation.
42323. (a) For purposes of subdivision (b), "small business
stationary source" means a source which meets all of the following
criteria:
(1) The source is owned or operated by a person who employs 100 or
fewer individuals.
(2) The source is a small business as defined under the federal
Small Business Act (15 U.S.C. Sec. 631, et seq.).
(3) The source emits less than 10 tons per year of any single
pollutant and less than 20 tons per year of all pollutants.
(b) In addition to the requirements of Section 42322, every
district shall establish a small business assistance program for
small business stationary sources located within the district's
jurisdiction. A small business assistance program adopted pursuant to
this section shall consist of all of the following:
(1) The development of a standardized permit application form
which is written in clear and understandable language and provides
small business persons with adequate information to complete and
return the form.
(2) To the extent that a district determines that it will not
adversely affect public health or the environment, the consolidation
of the authority to construct and permit to operate into a single
permit process in order to reduce processing times and paperwork for
small business stationary sources.
(3) The establishment of expedited variance procedures for small
businesses and the provision of technical assistance for applicants
on the processing of variances.
(4) The designation of a single person or office within the
district which shall serve as a point of initial access and
accessibility to the district for small business persons.
(5) Upon the approval of the district board at a duly noticed
public hearing, the establishment of surcharges on permit fees levied
on sources regulated by the district, to be used for the
establishment of a small business economic assistance program.
(c) This section does not apply to county air pollution control
districts in counties that have a population of less than 250,000
persons.
42320. This article shall be known, and may be cited, as the Air
Pollution Permit Streamlining Act of 1992.
42321. The Legislature finds and declares as follows:
(a) California's air pollution control programs have been among
the most successful efforts in the country to reduce air pollution
and to protect public health and the environment.
(b) It is in the interest of the people of the state, particularly
during times of economic difficulty, to enact laws which improve the
processes by which businesses comply with environmental and air
quality laws, without sacrificing the protection of public health and
the environment.
(c) The purpose of this article is to require districts to review
their permit programs and to institute new, efficient procedures
which will assist businesses in complying with regional, state, and
federal air quality laws in an expedited fashion, without reducing
protection of public health and the environment.
42322. (a) Every district shall establish, by regulation, a program
to provide for the expedited review of permits issued pursuant to
Article 1 (commencing with Section 42300) in order to reduce
unnecessary delay in the issuance of those permits and to protect the
public health and the environment. The expedited permit system shall
include all of the following:
(1) A precertification program for equipment which is
mass-produced and operated by numerous sources under the same or
similar conditions, in order to allow permit applicants who purchase
that equipment to receive permits in an expedited fashion.
(2) A consolidated permitting process for any source that requires
more than one permit, which provides that the source will be
permitted on a facility or project basis, provides a single point of
contact for the permit applicant, and allows a source to be reviewed
and permitted on a single, consolidated schedule.
(3) An expedited permit review schedule, based upon the types and
amount of pollution emitted from sources. In order to comply with
this subdivision, a district shall classify sources within its
jurisdiction as minor, moderate, and major sources of air pollution,
and shall establish a permit action schedule that sets forth specific
deadlines, based on each classification, for an air pollution
control officer to notify a permit applicant in writing of the
approval or disapproval of a permit application.
(4) A training and certification program for private sector
personnel, in order to establish a pool of professionals who can
certify businesses as being in compliance with district rules and
regulations.
(5) The development of standardized permit application forms that
are written in clear and understandable language and provide
applicants with adequate information to complete and return the
forms.
(6) To the extent that a district determines that it will not
adversely affect the public health and safety or the environment, the
consolidation of the authority to construct and permit to operate
into a single permit process in order to reduce processing times and
paperwork for stationary sources.
(7) An appeals process whereby, if the air pollution control
officer fails to notify a permit applicant of the approval or
disapproval of a permit application within the schedule established
pursuant to paragraph (3), the permit applicant may, after notifying
the district, request the district board, at its next regularly
scheduled meeting, to set a date certain on which the permit will be
acted upon. This paragraph does not prohibit a permit applicant from
seeking relief under Section 42302.
(b) For those districts which have a population of less than
1,000,000 persons, the state board shall provide assistance in
developing regulations implementing this section.
(c) This section does not apply to county air pollution control
districts in counties that have a population of less than 250,000
persons.
42322.5. Districts with a population of more than 500,000 persons
shall additionally implement the following permit streamlining
measures:
(a) Upon a permit applicant's request, the district shall allow
the permit applicant to meet with district staff prior to the
submittal of a permit to construct in order to identify issues and
ways to expedite the permitting process.
(b) The district shall allow the permit applicant to propose
conditions that are consistent with the applicable rules or
regulations for the district's consideration.
(c) Before a district implements a rule or regulation for
categories of emission sources for which significant capital
expenditures will be required, the district shall develop, with input
from the regulated community, a permitting protocol for any permits
that will be required for common types of operating equipment,
processes, or related air pollution control equipment as a result of
the rule or regulation. Each district shall compile those protocols
and make them available to businesses that are regulated by the rule
or regulation.
42323. (a) For purposes of subdivision (b), "small business
stationary source" means a source which meets all of the following
criteria:
(1) The source is owned or operated by a person who employs 100 or
fewer individuals.
(2) The source is a small business as defined under the federal
Small Business Act (15 U.S.C. Sec. 631, et seq.).
(3) The source emits less than 10 tons per year of any single
pollutant and less than 20 tons per year of all pollutants.
(b) In addition to the requirements of Section 42322, every
district shall establish a small business assistance program for
small business stationary sources located within the district's
jurisdiction. A small business assistance program adopted pursuant to
this section shall consist of all of the following:
(1) The development of a standardized permit application form
which is written in clear and understandable language and provides
small business persons with adequate information to complete and
return the form.
(2) To the extent that a district determines that it will not
adversely affect public health or the environment, the consolidation
of the authority to construct and permit to operate into a single
permit process in order to reduce processing times and paperwork for
small business stationary sources.
(3) The establishment of expedited variance procedures for small
businesses and the provision of technical assistance for applicants
on the processing of variances.
(4) The designation of a single person or office within the
district which shall serve as a point of initial access and
accessibility to the district for small business persons.
(5) Upon the approval of the district board at a duly noticed
public hearing, the establishment of surcharges on permit fees levied
on sources regulated by the district, to be used for the
establishment of a small business economic assistance program.
(c) This section does not apply to county air pollution control
districts in counties that have a population of less than 250,000
persons.
42320. This article shall be known, and may be cited, as the Air
Pollution Permit Streamlining Act of 1992.
42321. The Legislature finds and declares as follows:
(a) California's air pollution control programs have been among
the most successful efforts in the country to reduce air pollution
and to protect public health and the environment.
(b) It is in the interest of the people of the state, particularly
during times of economic difficulty, to enact laws which improve the
processes by which businesses comply with environmental and air
quality laws, without sacrificing the protection of public health and
the environment.
(c) The purpose of this article is to require districts to review
their permit programs and to institute new, efficient procedures
which will assist businesses in complying with regional, state, and
federal air quality laws in an expedited fashion, without reducing
protection of public health and the environment.
42322. (a) Every district shall establish, by regulation, a program
to provide for the expedited review of permits issued pursuant to
Article 1 (commencing with Section 42300) in order to reduce
unnecessary delay in the issuance of those permits and to protect the
public health and the environment. The expedited permit system shall
include all of the following:
(1) A precertification program for equipment which is
mass-produced and operated by numerous sources under the same or
similar conditions, in order to allow permit applicants who purchase
that equipment to receive permits in an expedited fashion.
(2) A consolidated permitting process for any source that requires
more than one permit, which provides that the source will be
permitted on a facility or project basis, provides a single point of
contact for the permit applicant, and allows a source to be reviewed
and permitted on a single, consolidated schedule.
(3) An expedited permit review schedule, based upon the types and
amount of pollution emitted from sources. In order to comply with
this subdivision, a district shall classify sources within its
jurisdiction as minor, moderate, and major sources of air pollution,
and shall establish a permit action schedule that sets forth specific
deadlines, based on each classification, for an air pollution
control officer to notify a permit applicant in writing of the
approval or disapproval of a permit application.
(4) A training and certification program for private sector
personnel, in order to establish a pool of professionals who can
certify businesses as being in compliance with district rules and
regulations.
(5) The development of standardized permit application forms that
are written in clear and understandable language and provide
applicants with adequate information to complete and return the
forms.
(6) To the extent that a district determines that it will not
adversely affect the public health and safety or the environment, the
consolidation of the authority to construct and permit to operate
into a single permit process in order to reduce processing times and
paperwork for stationary sources.
(7) An appeals process whereby, if the air pollution control
officer fails to notify a permit applicant of the approval or
disapproval of a permit application within the schedule established
pursuant to paragraph (3), the permit applicant may, after notifying
the district, request the district board, at its next regularly
scheduled meeting, to set a date certain on which the permit will be
acted upon. This paragraph does not prohibit a permit applicant from
seeking relief under Section 42302.
(b) For those districts which have a population of less than
1,000,000 persons, the state board shall provide assistance in
developing regulations implementing this section.
(c) This section does not apply to county air pollution control
districts in counties that have a population of less than 250,000
persons.
42322.5. Districts with a population of more than 500,000 persons
shall additionally implement the following permit streamlining
measures:
(a) Upon a permit applicant's request, the district shall allow
the permit applicant to meet with district staff prior to the
submittal of a permit to construct in order to identify issues and
ways to expedite the permitting process.
(b) The district shall allow the permit applicant to propose
conditions that are consistent with the applicable rules or
regulations for the district's consideration.
(c) Before a district implements a rule or regulation for
categories of emission sources for which significant capital
expenditures will be required, the district shall develop, with input
from the regulated community, a permitting protocol for any permits
that will be required for common types of operating equipment,
processes, or related air pollution control equipment as a result of
the rule or regulation. Each district shall compile those protocols
and make them available to businesses that are regulated by the rule
or regulation.
42323. (a) For purposes of subdivision (b), "small business
stationary source" means a source which meets all of the following
criteria:
(1) The source is owned or operated by a person who employs 100 or
fewer individuals.
(2) The source is a small business as defined under the federal
Small Business Act (15 U.S.C. Sec. 631, et seq.).
(3) The source emits less than 10 tons per year of any single
pollutant and less than 20 tons per year of all pollutants.
(b) In addition to the requirements of Section 42322, every
district shall establish a small business assistance program for
small business stationary sources located within the district's
jurisdiction. A small business assistance program adopted pursuant to
this section shall consist of all of the following:
(1) The development of a standardized permit application form
which is written in clear and understandable language and provides
small business persons with adequate information to complete and
return the form.
(2) To the extent that a district determines that it will not
adversely affect public health or the environment, the consolidation
of the authority to construct and permit to operate into a single
permit process in order to reduce processing times and paperwork for
small business stationary sources.
(3) The establishment of expedited variance procedures for small
businesses and the provision of technical assistance for applicants
on the processing of variances.
(4) The designation of a single person or office within the
district which shall serve as a point of initial access and
accessibility to the district for small business persons.
(5) Upon the approval of the district board at a duly noticed
public hearing, the establishment of surcharges on permit fees levied
on sources regulated by the district, to be used for the
establishment of a small business economic assistance program.
(c) This section does not apply to county air pollution control
districts in counties that have a population of less than 250,000
persons.
