AB 439

Bill Subjects

Abstract

Under existing law, the Department of Transportation may issue permits authorizing encroachments, as defined, on highways. Existing law requires the department to either approve or deny an application for an encroachment permit within 60 days of receiving a completed application. The department's failure to notify an applicant within that 60-day period that the permit is denied is deemed to constitute approval of the permit. Existing law allows an applicant to appeal the denial of an application in writing, and requires the department to make a final written determination within 60 days after receipt of an appeal. This bill would establish different procedures for applications for encroachment permits for major highway projects that cost $3,000,000 or more and for minor highway projects that cost less than $3,000,000, and would instead require applications for minor encroachment permits to be approved or denied within a 30-day period. The bill would also require the department to determine whether an application for an encroachment permit is complete, taking into consideration certain factors, and would require the department, within 30 days of receipt of an application for a major encroachment permit, or within 15 days of receipt of an application for a minor encroachment permit, to notify the applicant of that determination. The bill would require the department, if an application is determined to be incomplete, to indicate what information or documents are necessary to complete the application, and would specify the procedure for the resubmittal of an application. The bill would also change to 30 days the time period for which the department is required to make a final written determination of an appeal of a denied application. The bill would also require the department to appoint an ombudsperson to receive applications for encroachment permits in each state transportation district, as specified. The bill would make related findings and declarations.