Improving State Permitting for Local Climate Change Adaptation Projects
Full Report
Executive Summary
Press Release
FOR IMMEDIATE RELEASE
June 2, 2017
For Additional Information Contact:
Carole D’Elia, Executive Director
(916) 445-2125
Commission Issues Call to Cut Red Tape on State Permitting for Local Climate Change Adaptation Projects
The Little Hoover Commission, in a letter report sent Friday to Governor Brown and the Legislature, calls for reducing unnecessary bureaucratic delays in state permitting of local government projects designed to improve California’s resiliency against climate change. In its letter report, Improving State Permitting for Local Climate Change Adaptation Projects, the Commission found that local governments designing and constructing projects to protect Californians from the threat of climate change have landed on a collision course with the state’s complicated permitting process intended to protect the environment.
“California leads the world in setting goals to reduce carbon emissions, but the Commission has found in multiple studies, it has not focused anywhere near as much on protecting Californians against the effects of climate change,” said Commission Chair Pedro Nava. “Local governments are on the front lines, forging ahead with infrastructure projects to protect California communities,” he added. “The state needs to work with and not against them toward shared goals.”
Representatives from state and local government were unified on one front – the necessity of the state permitting process in protecting clean air and water, wild landscapes and endangered species. Yet local government officials described a frustrating and time-consuming process that added months, years or in one case, more than a decade in between project design and construction. Local government officials described a process of repeated state requests for more information, one-size-fits-all permit conditions, lack of answers to questions and a gnawing perception that their local experience and environmental commitment are not to be trusted. But the Commission found the frustration is a two-way street. State permitting representatives described a stormy process in which their limited staffs receive incomplete and poorly written applications, often overlooking or ignoring concerns expressed earlier. The result is what both state and local government officials described as a back and forth exchange of letters that goes around and around.
The Commission found seemingly simple solutions that could save time and resources at both levels of government: formalize a “big table” approach to establish multi-agency communication early in the process; require state permitting agencies to develop “cookbooks,” detailed guides for expectations and requirements for permit applications; and, when progress fails, particularly for large and complex infrastructure projects, establish a formal dispute resolution process. The Commission also encourages state permitting departments to use existing flexibility on endowments that can require local governments to set aside millions of dollars upfront to maintain mitigation habitat.
The Little Hoover Commission is a bipartisan and independent state agency charged with recommending ways to improve the efficiency and effectiveness of state programs. The Commission’s recommendations are submitted to the Governor and the Legislature for their consideration and action. For a copy of the letter report or documents from the Commission’s February 2017 public hearing, visit the Commission’s website: www.lhc.ca.gov.
Fact Sheet
Study Description
The Little Hoover Commission reviewed California’s state agency permitting requirements and how they impacted the timeliness and viability of natural resource projects planned by government agencies and special districts at the local and regional level. The Commission was particularly interested in public projects that are increasingly necessary to protect California residents, wildlife and environments – both natural and human-altered – from the anticipated impacts of climate change. The study examined state permitting timelines and processes, as well as requirements for endowments to fund perpetual maintenance of lands established for environmental mitigation purposes. Requirements for endowments, also used by federal agencies, are a relatively recent addition to state permitting laws.
The Commission heard testimony from some public agencies that endowment requirements and long, unpredictable timelines to receive permits due to inadequate state agency staffing are adding months or years to project schedules, as well as driving up costs. Representatives of public agencies contended that endowment requirements of several million dollars remove large one-time sums from annual budgets and limit their ability to allocate taxpayer dollars effectively. Several tried seeking exemptions through the legislative process.
Land trusts and other supporters of required endowments maintained that endowments, as a permitting mechanism, are essential to fund long-term mitigation land management, especially in volatile financial environments in which public agency budgets can vary dramatically year-to-year. There was additional concern that waiving certain requirements for public agencies could create an uneven playing field in environmental mitigation land projects. The issue received considerable legislative attention in recent years. The Commission provides recommendations that improve state permitting processes, especially given the anticipated need for flexibility and faster action on climate change adaptation projects.
Agenda
Overview
In this report, the Commission calls for reducing unnecessary bureaucratic delays in state permitting of local government projects designed to improve California’s resiliency against climate change.
During its review, the Commission found that local governments designing and constructing projects to protect Californians from the threat of climate change have landed on a collision course with the state’s complicated permitting process intended to protect the environment.
The Commission recommends simple solutions that could save time and resources at both levels of government: formalize a “big table” approach to establish multi-agency communication early in the process; require state permitting agencies to develop “cookbooks,” detailed guides for expectations and requirements for permit applications; and, when progress fails, particularly for large and complex infrastructure projects, establish a formal dispute resolution process. The Commission also encourages state permitting departments to use existing flexibility on endowments that can require local governments to set aside millions of dollars upfront to maintain mitigation habitat.

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February 232017State Permitting9:30 a.m., State Capitol, Room 437, Sacramento, CAPublic HearingAgenda
AGENDA
Public Hearing on State Permitting
Thursday, February 23, 2017, at 9:30 a.m.
State Capitol, Room 437
Sacramento, CA
Opening RemarksState Permitting Practices Slow Us Down and Drive Up Costs: An Overview
- Vincent Gin, Deputy Operating Officer for Watershed Stewardship and Planning Division, Santa Clara Valley Water District (Written Testimony)
- Christopher Hakes, Assistant Operating Officer for Water Utility Capital Division, Santa Clara Valley Water District (Written Testimony)
Permitting Practices Improve Projects and Protect Natural Systems
- Kevin Hunting, Chief Deputy Director, California Department of Fish and Wildlife (Written Testimony)
- Bruce H. Wolfe, Executive Officer, San Francisco Bay Regional Water Quality Control Board (Written Testimony)
Permitting and Mitigation Are Necessary, but Be Reasonable
- Chris Stone, Assistant Deputy Director, Los Angeles County Department of Public Works (Written Testimony)
- Maureen Spencer, Environmental Services Manager, Santa Barbara County Department of Public Works (Written Testimony)
Comments Submitted by Members of the Public
- Santa Clara Valley Open Space Authority (Written Comments)
- East Bay Regional Park District (Written Comments)
Public NoticePUBLIC NOTICE
FOR IMMEDIATE RELEASE
February 9, 2017For Additional Information Contact:
Carole D’Elia, Executive Director
(916) 445-2125Little Hoover Commission to hold Hearing on California's State Permitting Processes
On Thursday, February 23, 2017, the Little Hoover Commission will conduct a public hearing on state permitting processes, after hearing reports from local regional and public agencies that permitting requirements are hindering infrastructure project work. The hearing will begin at 9:30 a.m. in the State Capitol, Room 437, in Sacramento.
At its October 27, 2016, business meeting, the Commission decided to delve deeper into issues raised during its morning hearing on special districts and adaptation to climate change. This hearing will particularly examine public projects increasingly necessary to protect California residents, wildlife and environments – both natural and human-altered – from the anticipated impacts of climate change. The Commission will review allegedly lengthy permitting processes, the practice of local and state agencies paying understaffed state permitting agencies to designate staffers to process their permits faster, and requirements for endowments to fund perpetual maintenance of lands for environmental mitigation purposes.
At the hearing the Commission will first hear from two operating officers with the Santa Clara Valley Water District, who will describe their district’s experiences with these requirements. The next panel includes the chief deputy director with the California Department of Fish and Wildlife and the executive officer of the San Francisco Regional Water Quality Control Board. The final panel features an assistant deputy director with the Los Angeles County Department of Public Works and an environmental services manager with the Santa Barbara County Department of Public Works.
There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments. A formal agenda and other documents related to this study can be viewed and downloaded from the Commission’s website at www.lhc.ca.gov.
Immediately following the hearing, the Commission will hold a business meeting in in Room 175 at 925 L Street in Sacramento. The chair may convene the business meeting to establish a quorum and open the vote for some agenda items at approximately 10:30 a.m. and reconvene the business meeting after the hearing concludes. An additional teleconference location accessible to the public for the business meeting will be at 425 S Palos Verdes Street, San Pedro, CA 90731
Video - Vincent Gin, Deputy Operating Officer for Watershed Stewardship and Planning Division, Santa Clara Valley Water District (Written Testimony)

-
February 232017State Permitting9:30 a.m., State Capitol, Room 437, Sacramento, CAPublic HearingAgenda
AGENDA
Public Hearing on State Permitting
Thursday, February 23, 2017, at 9:30 a.m.
State Capitol, Room 437
Sacramento, CA
Opening RemarksState Permitting Practices Slow Us Down and Drive Up Costs: An Overview
- Vincent Gin, Deputy Operating Officer for Watershed Stewardship and Planning Division, Santa Clara Valley Water District (Written Testimony)
- Christopher Hakes, Assistant Operating Officer for Water Utility Capital Division, Santa Clara Valley Water District (Written Testimony)
Permitting Practices Improve Projects and Protect Natural Systems
- Kevin Hunting, Chief Deputy Director, California Department of Fish and Wildlife (Written Testimony)
- Bruce H. Wolfe, Executive Officer, San Francisco Bay Regional Water Quality Control Board (Written Testimony)
Permitting and Mitigation Are Necessary, but Be Reasonable
- Chris Stone, Assistant Deputy Director, Los Angeles County Department of Public Works (Written Testimony)
- Maureen Spencer, Environmental Services Manager, Santa Barbara County Department of Public Works (Written Testimony)
Comments Submitted by Members of the Public
- Santa Clara Valley Open Space Authority (Written Comments)
- East Bay Regional Park District (Written Comments)
Public NoticePUBLIC NOTICE
FOR IMMEDIATE RELEASE
February 9, 2017For Additional Information Contact:
Carole D’Elia, Executive Director
(916) 445-2125Little Hoover Commission to hold Hearing on California's State Permitting Processes
On Thursday, February 23, 2017, the Little Hoover Commission will conduct a public hearing on state permitting processes, after hearing reports from local regional and public agencies that permitting requirements are hindering infrastructure project work. The hearing will begin at 9:30 a.m. in the State Capitol, Room 437, in Sacramento.
At its October 27, 2016, business meeting, the Commission decided to delve deeper into issues raised during its morning hearing on special districts and adaptation to climate change. This hearing will particularly examine public projects increasingly necessary to protect California residents, wildlife and environments – both natural and human-altered – from the anticipated impacts of climate change. The Commission will review allegedly lengthy permitting processes, the practice of local and state agencies paying understaffed state permitting agencies to designate staffers to process their permits faster, and requirements for endowments to fund perpetual maintenance of lands for environmental mitigation purposes.
At the hearing the Commission will first hear from two operating officers with the Santa Clara Valley Water District, who will describe their district’s experiences with these requirements. The next panel includes the chief deputy director with the California Department of Fish and Wildlife and the executive officer of the San Francisco Regional Water Quality Control Board. The final panel features an assistant deputy director with the Los Angeles County Department of Public Works and an environmental services manager with the Santa Barbara County Department of Public Works.
There will be an opportunity for public comment at the end of the hearing. The Commission also encourages written comments. A formal agenda and other documents related to this study can be viewed and downloaded from the Commission’s website at www.lhc.ca.gov.
Immediately following the hearing, the Commission will hold a business meeting in in Room 175 at 925 L Street in Sacramento. The chair may convene the business meeting to establish a quorum and open the vote for some agenda items at approximately 10:30 a.m. and reconvene the business meeting after the hearing concludes. An additional teleconference location accessible to the public for the business meeting will be at 425 S Palos Verdes Street, San Pedro, CA 90731
Video - Vincent Gin, Deputy Operating Officer for Watershed Stewardship and Planning Division, Santa Clara Valley Water District (Written Testimony)