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State
California Regulations
TITLE 27. ENVIRONMENTAL PROTECTION DIVISION 1. GENERAL FUNCTIONS AND RESPONSIBILITIES

database is current through 09/22/06, Register 2006, No. 38

s 10010. General Provisions - Incorporation by Reference of Standard Conflict of Interest Code.
The Political Reform Act (Government Code Sections 81000, et. seq.) requires state and local government agencies to adopt and promulgate Conflict of Interest Codes. The Fair Political Practices Commission has adopted a regulation (2 Cal. Code of Regulations Section 18730) which contains the terms of a standard Conflict of Interest Code which can be incorporated by reference into an agency's code. After public notice, it may be amended by the Fair Political Practices Commission to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated herein by reference. This regulation and the attached Appendix designating officials and employees and establishing disclosure categories, shall constitute the Conflict of Interest Code of the Office of the Secretary for Environmental Protection Agency of California.
Designated employees shall file their statements with the agency who will make the statements available for public inspection and reproduction. (Government Code Section 81008). Upon receipt of the statement(s) for Agency Secretary, Chief of Staff, Undersecretary, Deputy Secretaries and Assistant Secretaries, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency.








Appendix
Category I.
(I) Agency Secretary, Undersecretary, Deputy Secretaries, Assistant Secretaries, Officers, Counsels, Chiefs, Scientists, Managers, Directors, Associate Governmental Program Analysts, Agency Information Officer, members of the Hazardous Materials Appeal Board, and Consultants [FNa1].
(II) Every person in this Category must report: all sources of income, interests in real property and investments, and business positions in a business entity.
[FNa1] With respect to consultants the Agency Secretary or his designee, may determine in writing that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and therefore is not required to fully comply with the disclosure requirements described in this section. Such written determinations shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Agency Secretary's or his designee's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.
Category II.
(I) Analysts, Information Systems Technicians, and Engineers.
(II) Every person in this Category must report: all investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit, or licensing authority of the California Environmental Protection Agency.
Category III.
(I) Administrative Assistants, Executive Secretaries and Executive Assistants.
(II) Every person in this Category must report: all investments and business positions in business entities, and sources of income which provide services, supplies, materials machinery or equipment of the type utilized by the California Environmental Protection Agency.

List of Designated Positions Disclosure Categories
Agency Secretary 1
Undersecretary 1
Deputy Secretaries 1
Assistant Secretaries 1
Officers 1
Counsels 1
Chiefs 1
Scientists 1
Directors 1
Managers 1
Associate Governmental Program Analysts 1
Agency Information Officer 1
Board Members (i.e. Hazardous Waste Appeals Board) 1
Consultants 1
Analysts 1
Information Systems Technicians 2
Engineers 2
Administrative Assistants 3
Executive Secretaries 3
Executive Assistants 3


Category 1
All sources of income, interests in real property and investments, and business positions in business entities.
Category 2
All investments and business positions in business entities, and sources of income, which are subject to the regulatory, permit, or licensing authority of the California Environmental Protection Agency.
Category 3
Investments and business positions in business entities, and sources of income, which provide services, supplies, materials, machinery or equipment of the type utilized by the California Environmental Protection Agency.
________
[FNa1] With respect to consultants, the Agency Secretary, however, may determine in writing that a particular consultant, although in a "designated position," is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this section. Such determination shall include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The Agency Secretary's determination is a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.


Note: Authority cited: Sections 87300 and 87306, Government Code. Reference: Sections 87300, 87301, 87302 and 87500, Government Code; and Section 18730 of Title 2, Division 6 of California Code of Regulations.








s 10011. Scope of Article.
These regulations apply to applicants seeking Environmental Enforcement and Training Act grants under the Environmental Enforcement and Training Grant Program established by the Secretary of the California Environmental Protection Agency. The regulations in this Article provide the following as required by Penal Code section 14301:
(a) Describe procedures for applying for Environmental Enforcement and Training Act grants.
(b) Describe criteria to be used in determining which applications will be funded.
(c) Describe the administrative and fiscal requirements governing the receipt and expenditure of Environmental Enforcement and Training Act grant funds.


Note: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code.








s 10012. Definitions.
(a) The definitions contained in Section 14300(b) of the Penal Code are incorporated herein by reference.
(b) "Cal/EPA" means the California Environmental Protection Agency


Note: Authority cited: Section 14301, Penal Code. Reference: Section 14300(b), Penal Code.








s 10013. General Provisions.
(a) These regulations implement provisions in the Environmental Enforcement and Training Act of 2002. The Act created a potential funding source for California environmental training, investigation and enforcement activities. The Secretary has established the Environmental Enforcement and Training Grant Program to allocate and award funds, upon appropriation by the Legislature, to public agencies or private nonprofit organizations for purposes of supporting and enhancing statewide environmental enforcement and training programs for peace officers, firefighters, investigators, state and local environmental regulators, and public prosecutors pursuant to Penal Code section 14301, et seq.
(b) The Environmental Enforcement and Training Grant Program funds are derived from the Environmental Enforcement and Training Account. This Account may provide up to two million dollars ($2,000,000) annually for distribution by the Secretary, upon appropriation by the Legislature, as follows:
(1) Twenty-five percent or one hundred thousand dollars ($100,000) whichever is less to the Commission on Peace Officer Standards and Training.
(2) Twenty-five percent to the Environmental Circuit Prosecutor Project through the California District Attorney's Association.
(3) Twenty-five percent to the California District Attorneys Association.
(4) Twenty-five percent to the Secretary for discretionary grants as allowed by Penal Code commencing with sections 14306 or 14309 based on demonstrated need or in order to sustain the current level of presence and enforcement for those programs.
(c) The Secretary shall consult with the Commission on Peace Officer Standards and Training prior to providing any grant funds for peace officer education and training programs.


Note: Authority cited: Section 14301, Penal Code. Reference: Sections: 14300(c), 14300(d), 14301(a)(3), 14301(c), 14303(a), 14314(a), 14314(b), 14314(c) and 14314(d), Penal Code.








s 10014. Purpose of the Environmental Enforcement and Training Grant Program.
The Secretary has established the Environmental Enforcement and Training Grant Program in order to provide financial assistance for statewide enforcement and training programs to enhance enforcement of environmental laws. Under this program, the Secretary is authorized to award both mandatory and discretionary training and enforcement grants.
(a) Upon appropriation, grant funds shall be awarded by the Secretary to: 1) the Commission on Peace Officer Standards and Training; 2) the Environmental Circuit Prosecutor Project through the California District Attorney's Association; and 3) the California District Attorneys Association in accordance with the Act and these regulations.
(b) Discretionary grant funds may be awarded by the Secretary to public agencies or private nonprofit organizations and local environmental regulators in accordance with the Act and these regulations.


Note: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 14314(d)(1), Penal Code.








s 10015. Procedures for Applying for Discretionary Environmental Enforcement and Training Act Grants.
(a) To apply for an enforcement and training grant under this program, qualified entities must complete an application as specified by the Secretary. The application will require the following information:
(1) The organization's name, physical mailing address and post office box, telephone and fax numbers, and e-mail and web page addresses.

(2) The application must be signed by a person duly authorized by the applicant organization and provide the authorized person's telephone and fax numbers, and e-mail address.
(3) The name of the person with day-to-day responsibility for the project (if different from authorized representative) and that person's telephone and fax numbers, and e-mail address.
(4) A narrative/work plan that describes the applicant's proposed project. The narrative/work plan must contain the following information:
(A) Identify the environmental enforcement and/or training objectives to be addressed by the project.
(B) Identify the enforcement and/or training target audience.
(C) Identify the environmental statutes/acts addressed by the project.
(D) Provide a concise introduction that states the nature of the organization including documentation to support the organizations non-profit status.

(E) Identify how long the organization has been in existence.
(F) Describe how the organization has been successful in the past.
(G) Describe the environmental justice component of the program required by Section 10016(b)(3), or the reason(s) such a component is not included in the project.
(H) Provide project completion plans/time frames, and expected results.
(I) Provide a conclusion discussing how the applicant will evaluate and measure the success of the project, including the anticipated benefits and challenges in implementing the project.
(J) Provide budget figures/projections to support the work-plan narrative.
(K) Provide a succinct explanation of how the project may serve as a model in other settings.
(L) Provide an appendix with resumes of key personnel who will be significantly involved in the project, including the project lead.
(M) Provide letter(s) of commitment if your proposed project includes the significant involvement of other organizations.


Note: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(c), 14314(c), 14301(d), 14309(c)(1), 14306(a), 14307(a), 14308(a), 14308(b) and 14314(d)(1), Penal Code.








s 10016. Eligibility, Criteria, Review and Selection Process.
(a) Eligibility.
(1) Individuals are not eligible to receive grants.
(2) Any private nonprofit or public entity may submit an application for discretionary grants.

(3) Applicants that have previously received grant funds may be eligible for future grant awards.
(4) Organizations that have not received previous grants under the Environmental Enforcement and Training Grant program may receive preference over organizations currently or previously having been authorized grant awards.
(5) Local environmental regulators may request local assistance grants to assist in the enforcement of environmental laws, based upon a showing of substantial need and a lack of other available funding sources.
(6) The Commission may seek additional grant funding based on need if the environmental law enforcement training is mandated or if there are substantial changes in the law that require it to revise its environmental law courses.
(7) Applications that propose projects that are inconsistent with the Agency's statutory authority are ineligible for funding and will not be evaluated.
(b) Criteria. The narrative/work plan will be used as the primary basis for awarding grants. The Secretary will award grants based upon the following criteria:

(1) The Secretary will consider only one application per applicant for a given project. Applicants may submit more than one application if the applications are for separate and distinct projects or activities.
(2) Every application will be evaluated based on the merit of the proposed project in comparison to other applications. Past performance may be considered during the evaluation process for those applicants who have received previous grants.
(3) California Law requires the Agency to conduct its programs in a manner that ensures the fair treatment of people of all races, cultures, and income levels including minority populations and low-income populations in the State. Receipt of grant awards will be conditioned upon the incorporation of environmental justice objectives as they relate to environmental enforcement into proposed training courses. Training courses should therefore include, as appropriate, one or more of the following components:
(A) Developing an understanding of environmental justice laws and principles.
(B) Developing targeted enforcement projects or plans benefiting communities most burdened by pollution sources or impacts.
(C) Ensuring public participation and information sharing whenever possible.
(4) Applicants may receive grants to develop a new activity or substantially improve the quality of existing programs upon a showing that the project will have a direct impact on environmental enforcement and/or training activities.
(5) The Secretary will review and consider the responsiveness of the work plan to the Agency's environmental enforcement and training objectives, the overall effectiveness of the project design, the clarity of the measures of success and the qualifications of project staff.
(c) Review And Selection Process
The Secretary will review, evaluate, and select grant recipients. Applications will be screened to ensure that they meet all requirements described in this Article.
(1) After all applications are received, the Secretary will mail acknowledgements to applicants.

(2) After the individual projects are reviewed and evaluated the Secretary will compare the applications and make final selections. Additional factors that the Secretary may take into account in the selection process include geographic and socioeconomic balance; diverse nature of the projects, cost, and projects whose benefits can be sustained after the grant is completed.
(3) Once applications have been recommended for funding, the Secretary will notify the finalist(s) in writing by mail and request additional information necessary to complete the award process, such as tax identification numbers. The finalist(s) may be required by existing law to complete additional government forms prior to receiving grant funds.
(4) Limited funding is available and the Secretary may not fund all applications.
(5) The Secretary will notify in writing by mail those applicants whose projects are not selected for funding.
(6) The decision of the Secretary concerning the discretionary grants awarded pursuant to this section is final and not subject to appeal.


Note: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code; and Sections 71110(a), 71110(b) and 71110(c), Public Resources Code.








s 10017. Restrictions on Grants.
(a) Grant funds can only be used for the purposes set forth in an approved narrative/workplan, and must be consistent with the statutory authority for the award.
(b) Grant funds cannot be used for lobbying, or intervention in state or federal regulatory proceedings.
(c) Grant funds cannot be used for matching state or federal funding.
(d) State law requires all grantees to certify and assure that they will comply with all applicable state laws, regulations, and requirements before receiving funds.


Note: Authority cited: Section 14301, Penal Code. Reference: Section 14301(b), Penal Code.








s 10018. Reporting Requirements for Grant Recipients.
(a) Grant funded projects should be completed within the time frames set out in the work plan.
(b) The recipient organization is responsible for the successful completion of the project.
(c) All recipients must submit quarterly and final reports to the Secretary within 30 days of the end of the quarter or end of the project for final reports.
(d) Unused grant funds remaining at the end of the fiscal year may be forfeited.
(e) The Secretary may require an audit or financial accounting from a grant recipient at any time.
(f) The Secretary will collect, review, and disseminate grantees' final reports, as appropriate to serve as model programs and will use the reports to develop information for mandated reports to the Governor and the Legislature.


Note: Authority cited: Section 14301, Penal Code. Reference: Sections 14301(b) and 14315, Penal Code.








s 10050. Purpose and Scope of Article.
The purpose of this grant program is to provide financial assistance to eligible non-profit community groups such as community-based grassroots organizations and federally recognized tribal governments, that are working on or plan to carry out projects to address environmental justice issues in areas adversely affected by environmental pollution and hazards.
(a) The regulations in this Article provide the following as required by Section 71116 of the Public Resources Code:

(1) Describe procedures for applying for the Environmental Justice Small Grant Program.
(2) Describe criteria for determining which applications shall be funded.
(3) Describe the administrative and fiscal requirements governing the receipt and expenditure of Environmental Justice Small Grant funds.


Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(b), Public Resources Code.








s 10051. Definitions.
For the purposes of this article, the following definitions shall apply:
(a) The definitions contained in Section 71116(c)(2) and Government Code section 65040.12 are incorporated herein by reference.
(b) "Cal/EPA" means California Environmental Protection Agency.
(c) "Secretary" means the Agency Secretary for the California Environmental Protection Agency or his or her designee(s).


Note: Authority cited: Section 71116, Public Resources Code. Reference: Sections 71116(c)(2) and 71116(j), Public Resources Code.








s 10052. Grant Award.
(a) The maximum amount of a grant provided pursuant to this section is twenty thousand dollars ($20,000).


Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(i), Public Resources Code.








s 10053. Restrictions on Environmental Justice Small Grants.
(a) The restrictions contained in section 71116(d)-(g) of the Public Resources Code are incorporated herein by reference.
(b) Grant recipients shall use the grant award to fund only the project described in the recipient's application. Recipients shall not use the grant funding to shift moneys from existing or proposed projects to activities for which grant funding is prohibited or as described in section 10053(a) above.


Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(d)-(g), Public Resources Code.








s 10054. Grant Application Procedures.
(a) In order to receive grant funds for activities set forth under Section 71116 of the Public Resources Code, applicants shall complete an application process in accordance with the following requirements:
(1) Applicants shall submit an application and a narrative/work plan:
(A) The narrative/work plan shall describe the applicant's proposed project.

(B) The narrative/work plan shall be used as the primary basis for fund allocation. Work plans shall be submitted to the Secretary in accordance with timelines established by the Secretary.
(C) The narrative/work plan shall contain the following information:
1. Identify the environmental justice issue(s) to be addressed by the project.
2. Identify the environmental justice community/target audience.
3. Identify the program goal that the project shall meet and how it shall meet it.
4. Provide an explanation of how the project may serve as a model in other settings.
5. Provide an introduction that states the nature of the applicant's organization.
6. Identify how long the organization has been in existence.

7. Describe how the organization has been successful in the past.
8. Provide project completion plans/time frames, and expected results.
9. Provide a project description that describes how the applicant is community-based and/or plans to involve the target audience in the project.
10. Provide a conclusion discussing how the applicant shall evaluate and measure the success of the project, including the anticipated benefits and challenges in implementing the project.
11. Include an appendix with resumes of up to three key personnel who shall be significantly involved in the project, including the project lead.
12. If the proposed project includes the significant involvement of other community organizations, applicants must include letter(s) of commitment from these organizations.
13. Provide documentation to support the organization's non-profit status or proof of federal recognition of tribal status.

14. Provide budget figures/projections to justify the requested award amount.
(D) The application shall contain the following required information:
1. The organization's name, physical mailing address and post office box, telephone numbers, e-mail and web page address.
2. The application must be signed by a person duly authorized by the applicant's organization and provide the authorized person's telephone and fax numbers, and e-mail address.
3. The name of the person with day-to-day responsibility for the project (if different from authorized representative) and that person's telephone and fax numbers, and e-mail address.


Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(a)(1), Public Resources Code.








s 10055. Eligibility, Process for Awarding Grants, and Criteria.
(a) The Secretary shall announce the availability of Environmental Justice grants on the Cal/EPA website and post a deadline of 90 days for the receipt of grant applications. Grant applications must be returned on or before the close of the 90-day application period specified in the notice. The Secretary shall review, evaluate, and select grant recipients. Applications shall be screened to ensure that the application and the projects described therein comply with all of the requirements set forth in Sections 10053-10055 in this Article, including, but not limited to, restrictions, procedures, work plan requirements and criteria, and comply with the requirements set forth in Section 71116 of the Public Resources Code. Applications shall be disqualified if any requirements are not met.
(b) If the application package is complete it shall be reviewed and evaluated by the Secretary based on the criteria outlined below:
(1) Threshold Criteria. Applications that propose projects that are inconsistent with Cal/EPA's statutory authority for this grant program or the goals for the program are ineligible for funding and shall not be evaluated. The Secretary shall notify in writing by mail those applicants whose projects are ineligible for funding.
(2) Evaluation Criteria. Proposals shall be evaluated using the following criteria:
(A) Responsiveness of the work plan to environmental justice issues.
(B) Effectiveness of the project design.

(C) Clarity of the measures of success.
(D) Qualifications of project staff.
(c) The Secretary may consider only one application per applicant for a given project. Applicants may submit more than one application if the applications are for separate and distinct projects. Applicants that previously received grant funds may submit an application for future grants.
(d) The Secretary may give preference to organizations that have not received previous grants under the Cal/EPA Environmental Justice Small Grants Program.
(e) Every application shall be evaluated based on the merit of the proposed project in comparison to other applications. Past performance may be considered during the evaluation process for those applicants who have received previous grants under the Cal/EPA Environmental Justice Small Grants Program.
(f) The Secretary shall compare all applications eligible for funding and make final selections after the individual projects are reviewed and evaluated. Additional factors that the Secretary may take into account in the selection process include geographic and socioeconomic balance; cost, and projects whose benefits can be sustained after the grant is completed.
(g) After all applications are received, the Secretary shall mail acknowledgments to all applicants. Once applications have been approved for funding, the Secretary shall notify the finalist(s) and request additional information in existing law necessary to complete the award process such as tax identification numbers. The Secretary shall notify in writing by mail those applicants whose projects are not selected for funding.
(h) The decisions of the Secretary concerning grant funding are final and not subject to appeal.
(i) State law requires all grantees to certify and assure that they shall comply with all applicable state laws, regulations, and requirements before receiving funds.


Note: Authority cited: Section 71116, Public Resources Code. Reference: Sections 71116 and 71116(a)(1), Public Resources Code.








s 10056. Project Period and Final Reports.
(a) Grant funded projects shall be completed and funds spent within the time frame specified in the grant award.
(b) The recipient organization is responsible for the successful completion of the project.
(c) Unless specified in the award, all recipients must submit quarterly reports to the Secretary within 30 days of the end of the quarter.
(d) All grant recipients shall submit final reports to the Secretary for approval within ninety (90) days of the end of the project period. Each final report shall include, at a minimum: (1) summary of the expenditures of the grant funds; and (2) the results of the project including a description of the benefits achieved by the project as compared to the measures of success that the applicant included in its application.
(e) The Secretary shall collect, review, and disseminate grantee's final reports to serve as model programs.
(f) The Secretary may require an audit or financial accounting from a grant recipient at any time.
(g) Any funds not used during the project period shall be forfeited.


Note: Authority cited: Section 71116, Public Resources Code. Reference: Section 71116(a)(2), Public Resources Code.







s 10100. Consolidated Permit Definitions.
(a) "Applicant" means a person who applies to an environmental agency for a permit, registration, certification, or permission to take specific action pursuant to the provisions of this division.
(b) "Comprehensive risk assessment" means, for the purpose of sections 10200 and 10201, a quantitative estimate of risk to human health and the environment that provides for both acute and chronic effects that could occur now and in the future. The assessment is conducted for all chemicals at the facility of potential concern. The assessment is based on a theoretical daily dose a human or non-human receptor would receive by all exposure routes.
(c) "Consolidated permit" means a permit incorporating the environmental permits granted by environmental agencies for a project and issued in a single permit document by the consolidated permit agency.
(d) "Consolidated permit agency" means the environmental agency that has the greatest overall jurisdiction over a project.
(e) "Consolidated permit application form" means a form, as authorized by subsection (e) or (f) of section 15399.56 of the Government Code, that can be used in lieu of separate application forms for each component environmental permit that would be provided by the consolidated permit agency and the participating permit agencies.
(f) "Consolidated permit notification" is a form used by an applicant to notify the Secretary of the applicant's request to have a consolidated permit issued for the applicant's project.
(g) "Council" means the California Environmental Policy Council. The council consists of the following members or their designees:

(1) The Secretary for Environmental Protection.
(2) The Director of Pesticide Regulation.
(3) The Director of Toxic Substances Control.
(4) The Chairperson of the State Air Resources Board.
(5) The Chairperson of the State Water Resources Control Board.
(6) The Director of the Office of Environmental Health Hazard Assessment.
(7) The Chairperson of the California Integrated Waste Management Board.
(h) "Environmental agency" means any of the following:
(1) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air Resources Board, the State Water Resources Control Board, the California Integrated Waste Management Board, the Office of Environmental Health Hazard Assessment.

(2) A California regional water quality control board.
(3) A district, as defined in section 39025 of the Health and Safety Code.
(4) An enforcement agency, as defined in Section 40130 of the Public Resources Code.
(5) A county agricultural commissioner with respect to his or her administration of Division 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code.
(6) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county.
(7) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code.
(8) Any other state, regional, or local permit agency for the project that participates at the request of the permit applicant upon the agency's agreement to be subject to this division.
(i) "Environmental Permit" means any license, certificate, registration, permit, or other forms of authorization, to include remedial action authorizations, required by an environmental agency to engage in a particular activity. "Environmental permit" includes, but is not limited to, activities subject to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, if the activities are under the jurisdiction of an environmental agency. "Environmental permit" does not include any certification or decision for the purpose of the California Environmental Quality Act pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(j) "Good cause" has the same meaning as defined in Section 15376, subdivision (h), of the Government Code.
(k) "Greater overall jurisdiction" means the environmental agency that has the greatest authority over the project due to statutory requirements, regulatory requirements, or requirements pertaining to the protection of human health and the environment.
(l) "Local environmental agency" means any of the following:
(1) A district, as defined in section 39025 of the Health and Safety Code.
(2) An enforcement agency, as defined in Section 40130 of the Public Resources Code.
(3) A county agricultural commissioner with respect to his or her administration of Division 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code.
(4) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county.
(5) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code.
(6) Any other regional or local permit agency for the project that participates at the request of the permit applicant upon the agency's agreement to be subject to this division.
(m) "Participating permit agency" means an environmental agency, other than the consolidated permit agency, that is responsible for the issuance of an environmental permit for a project.
(n) "Petitioner" means any individual, trust, joint stock company, business concern, corporation, including, but not limited to, a government corporation, partnership and association. "Petitioner" also may include any city, county, district, commission, the State or any department, agency, or political subdivision thereof, any interstate body, the Federal Government or any department or agency thereof to the extent permitting by law.
(o) "Project" means an activity, the conduct of which requires an environmental permit from two or more environmental agencies.
(p) "Remedial action" has the same meaning as defined in subdivision (g) of Section 25260 of Division 20 of the Health and Safety Code.
(q) "Secretary" means the Secretary for Environmental Protection.
(r) "State environmental agency" means any of the following:

(1) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air Resources Board, the State Water Resources Control Board, the California Integrated Waste Management Board, the Office of Environmental Health Hazard Assessment.
(2) A California regional water quality control board.
(3) Any other state permit agency for the project that participates at the request of the permit applicant upon the agency's agreement to be subject to this division.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71010, 71011, 71012, 71013, 71014, 71015, 71016 and 71017, Public Resources Code.







s 10200. Procedure to Request a Consolidated Permit.
The consolidated permit applicant shall complete a consolidated permit notification in order to be considered for a consolidated permit. The notification must include, at a minimum, all of the following:
(a) a description of the project to include:
(1) name of the applicant;
(2) name of the business;

(3) location of the facility;
(4) description of the activities being permitted at the facility; and
(5) applicable SIC codes.
(b) a preliminary list of environmental permits that may be required for the project;
(c) a list of any additional permits pursuant to Section 71011(h) of the Public Resources Code;
(d) the identity of any public agency that has been designated a lead agency for the purpose of the Permit Streamlining Act, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code;
(e) the identity of any public agency that has been designated a lead agency for the purpose of the California Environmental Quality Act pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code;
(f) the name of the environmental agency that the applicant believes to have the greatest overall jurisdiction for the project;
(g) if applicable, the names of any environmental agencies that the applicant does not want to be the consolidated permit agency;
(h) if applicable, the name of the environmental agency that the applicant wants to be the consolidated permit agency;
(i) the name and telephone number of the permit agencies that administer the permits listed in (b) and (c);
(j) if a Comprehensive Risk Assessment has been completed for the project, the findings are to be included with the notification; and
(k) any additional information deemed necessary by the Secretary to facilitate selection of the consolidated permit agency.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71020 and 71021, Public Resources Code.







s 10201. The Consolidated Permit Agency Designation Process.
(a) The Secretary will designate the consolidated permit agency within 30 days of the date that the notification is received. The Secretary is then responsible for notifying the environmental agency of the decision on the same day that the environmental agency is designated as the consolidated permit agency. The Secretary will select the consolidated permit agency according to the following priority:
(1) If an agency is designated lead by the CEQA process pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, that agency will be the consolidated permit agency;
(2) If an agency is designated a lead agency for the purpose of the Permit Streamlining Act, Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, that agency will be designated as the consolidated permit agency;
(3) If the first or second priorities do not apply, the Secretary will select the environmental agency that the Secretary judges to have the greatest overall jurisdiction over the project, to be the consolidated permit agency. The Secretary will consider the following factors:
(A) the types of facilities or activities that make up the project;
(B) the types of public health and safety and environmental concerns that should be considered in issuing environmental permits for the project;
(C) the environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects;

(D) the regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment, such as evaluating comparable risks associated with the project;
(E) a comprehensive risk assessment, if applicable;
(F) the statutory and regulatory requirements that apply to the project;
(G) the geographical location of the project;
(H) the available resources of the environmental agency to carry out the responsibilities of the Consolidated Permit Agency; and
(I) the application submitted pursuant to Health and Safety Code section 25262(b), if applicable, and the reason, if known, that an Administering Agency was not selected pursuant to Health and Safety Code Section 25262(c).
(b) If the environmental agency that was initially designated as the consolidated permit agency declines the designation, the environmental agency will be relieved of all obligations associated with that designation as of the date of receipt of their refusal by the Secretary. When the Secretary receives the refusal, the Secretary will then refer the project to the Council for the designation of a consolidated permit agency. If the council decides to designate the original agency that declined the designation, that agency shall then again be responsible for all obligations associated with being the consolidated permit agency.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71020 and 71021, Public Resources Code.







s 10202. Referral to Council.
For any issue that is referred to the council, the council's decision will be by majority vote of those council members present, after consideration of all relevant information relating to the project. The council will have 45 working days upon receiving the referral to evaluate the referral, make a determination, and notify the Secretary of the council's decision. The Secretary will then have 15 working days to inform the environmental agency of its designation as the consolidated permit agency.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Section 71020, Public Resources Code.







s 10203. Consolidated Permit Agency Responsibilities.
The consolidated permit agency shall do the following:
(a) Upon being selected as the consolidated permit agency, the consolidated permit agency will contact, within 5 working days of being designated the consolidated permit agency, the applicant and all environmental permit agencies that have been identified by the applicant as being participating permit agencies, as defined in Section 71016 of the Public Resources Code. The consolidated permit agency will inform the applicant and the participating permit agencies of the time, date, and location of the meeting required by Section 71022 of the Public Resources Code.
(b) ensure that the permit applicant has all of the information needed to apply for all of the permits that will be required for the project, which shall include at a minimum the following:
(1) conduct a preapplication meeting with the applicant and participating agencies;
(2) any guidance documents from participating permit agencies;
(3) permit applications. The consolidated permit agency will inform the applicant at the meeting that the applicant has the choice of using either the permit applications that are supplied by the participating permit agencies or the applicant can use a consolidated permit application form;
(4) schedules for technical review;
(c) coordinate the review of all participating agency permits. The consolidated permit agency shall coordinate review among the participating agencies through:
(1) informal agreements between agencies that specify agency responsibilities as a participating permit agency;
(2) establishment of time lines;
(3) agreed upon action plans;
(d) ensure that permit decisions are made in a timely manner by all of the participating permit agencies. This shall be accomplished by:
(1) ensuring that the participating permit agencies identify and request any additional information needed to complete the application within 30 days of the receipt of the permit application by the participating permit agency;
(2) coordinating the dates of any hearings that may be required. The permitting agency requiring the hearing will be responsible for conducting the hearing. The consolidated permit agency will only participate in the hearing if requested by the permitting agency;
(e) assist in promptly resolving any conflicts or inconsistencies that may arise during the course of the project. This shall be accomplished in any of the following ways:

(1) the participating permit agencies shall formally identify to the consolidated permit agency any conflict or inconsistency among environmental permit requirements and conditions within 30 working days of discovering a problem;
(2) hold and facilitate meetings of all involved parties to resolve conflict or inconsistency within 15 working days of the date that the consolidated permit agency was formally notified of the problem; or
(3) for conflicts or inconsistencies that cannot be resolved by the consolidated permit agency, the directors, or their designees, of the agencies in conflict shall meet and resolve the conflict.
(f) During the consolidated permit process but after the initial meeting, if an additional environmental permit is identified as being required for the project, that environmental agency responsible for issuing that permit shall be contacted by the consolidated permit agency and informed of that environmental agency's designation as a participating permit agency. This newly identified agency shall supply any required applications and guidance documents to the applicant within 10 working days of being contacted by the consolidated permit agency.
(g) The consolidated permit agency shall compile all participating permit agency permits as well as the consolidated permit agency's own permit, into a consolidated permit. The consolidated permit agency shall issue the consolidated permit to the applicant within 30 days of the date the last participating permit agency permit is issued.
(h) The participating permit agency is responsible for the technical review of that agency's permit renewals and/or permit modifications. The applicant will submit any permit renewal requests and/or permit modification requests directly to the participating permit agency responsible for that permit. The participating permit agency will then supply any approved permit modifications and renewals to the consolidated permit agency within 30 days of approval of each permit. The consolidated permit agency is then responsible for incorporating all modifications and renewals of the environmental permits into the consolidated permit. The consolidated permit agency shall then send a copy of the consolidated permit to the applicant.
(i) The consolidated permit agency shall keep the consolidated permit on file at the consolidated permit agency's office. The consolidated permit agency shall handle all review requests for the consolidated permit.
(j) The consolidated permit agency is responsible for tracking statutory and regulatory time limits.
(k) The consolidated permit process shall not be construed to limit or abridge the powers and duties granted to a participating permit agency pursuant to the law that authorizes or requires the agency to issue an environmental permit for the project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component environmental permit that is within its scope of its responsibility, including, but not limited to, the determination of environmental permit application completeness, environmental permit approval or approval with conditions, or environmental permit denial. The consolidated permit agency may not substitute its judgement for that of a participating permit agency on any such nonprocedural matters.


Note: Authority cited: Sections 71001 and 71020, Public Resources Code. Reference: Sections 71021, 71022 and 71024, Public Resources Code.







s 10204. Meeting Agenda.
The consolidated permit agency shall convene a meeting within 15 working days of the date of designation as consolidated permit agency. The permit applicant and all participating permit agencies shall participate in the initial meeting. At a minimum, the following matters shall be on the meeting agenda:
(a) Attempt to identify any permits that are required for the project. There will be no penalty to the consolidated permit agency or participating permit agencies if they fail to identify any required additional permits;
(b) Discussion of the application forms and any other requirements of the consolidated permit agency and the participating permit agencies;
(c) The consolidated permit agency and each participating permit agency shall disclose to the applicant the established time limits that the agencies shall meet for issuing their environmental permits.
(d) A determination of time schedules noting, at a minimum, the following dates:
(1) dates that the completeness reviews for each permit application will be complete;
(2) dates that the technical reviews for each permit application will be complete;
(3) dates of final permit decisions for each participating agency;
(4) estimated dates of any public hearings that are required to issue permits for the project;
(5) date the consolidated permit agency will complete and issue the consolidated permit.
(e) a discussion of any relevant fees required by any participating permit agency including an estimate of the fees by the consolidated permit agency to cover the costs of performing the consolidated permit services;
(f) all participating permit agencies and the consolidated permit agency are each responsible for meeting any permit processing time schedule agreed to by that agency at the initial meeting.
(g) The permit agencies shall not adopt accelerated time schedules that would be inconsistent with or in conflict with the requirements of section 71022(a)(4) of the Public Resources Code.
(h) If the applicant is unable to attend meetings, fails to attend meetings, or fails to supply requested information, all time limits shall be tolled. The time limits will be tolled until such time as the applicant performs the required task. If the applicant fails to supply the required information, the consolidated permit agency may terminate the consolidated permit process. (continued)