Section 2099.20 Of Article 5. Funding From California Fish And Game Code >> Division 3. >> Chapter 1.5. >> Article 5.
2099.20
. (a) As used in this section, "eligible project" has the
same meaning as defined in Section 2099.10.
(b) (1) At the request of the applicant, the department shall meet
with the applicant in person or by telephone to develop a plan for
processing the application and, to the extent feasible, identify and
clarify information that will be needed in an application for a
project subject to Section 2099.10 prior to its submittal to the
department.
(2) Within 45 days after the department receives an application
for a project subject to Section 2099.10, the department shall
determine whether the application is complete or incomplete and shall
notify the applicant of its determination. If the department
determines that the application is incomplete, it shall concurrently
identify and inform the applicant in writing of the specific
information or supporting documentation that is needed to complete
the application currently under review, unless otherwise requested in
writing by the applicant. The department shall make all reasonable
efforts to consolidate its information request into a single request.
(3) Within 30 days of receipt of the information requested of the
applicant pursuant to paragraph (2), the department shall make a
determination whether the application is complete.
(4) If the department determines pursuant to paragraph (3) that
additional information is needed to complete the application, the
department shall inform the applicant in writing of the specific
information or supporting documentation that is needed to complete
the application, and the director, or his or her designee reporting
directly to the director, shall offer to meet with the applicant to
review the application and establish a plan and a timeframe to
complete the application, unless otherwise requested in writing by
the applicant.
(c) Except as otherwise provided in subdivisions (d) and (e), the
department shall approve or reject an incidental take permit
application for an eligible project 60 days or less from the date the
application is deemed complete, unless a longer period is agreed
upon by the department and the applicant. If the department has not
made a determination to reject or approve the incidental take permit
application within 45 days after deeming the application complete,
the director, or his or her designee reporting directly to the
director, shall offer to meet with the applicant to review the status
of the application.
(d) If the department deems an application is complete more than
60 days before the project is certified under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) by an agency other than the
department, the department shall reject or approve the incidental
take permit application within 30 days after the California
Environmental Quality Act certification, unless a longer period is
agreed upon by the department and the applicant. If the department is
the lead agency under the California Environmental Quality Act, the
department shall reject or approve the incidental take permit
application concurrently with the California Environmental Quality
Act certification.
(e) Subdivision (c) does not apply to projects that the department
determines are eligible to obtain a consistency determination
pursuant to Section 2080.1, in which case the department shall
approve or reject a consistency determination application for these
projects within 30 days after the director has received notice
pursuant to Section 2080.1 that a federal permit has been issued.
(f) (1) By January 1, 2014, the department shall provide an
accounting to the Legislature on incidental take permit applications
for eligible projects. This accounting shall include, but shall not
be limited to, all of the following:
(A) The number of applications received.
(B) The number of applications approved, rejected, or withdrawn.
(C) The type and nature of the incidental take permits sought,
including, but not limited to, the number of acres in each permit,
the location of the project, the list of endangered or threatened
species and whether the species were state or federally listed, the
land ownership, the other permits involved in the project during the
permit review period and which agencies were involved, and any
relevant special resource issues.
(D) The time that elapsed between when a permit was deemed
complete and when it was approved, if the permit was approved.
(E) The staff time spent on each permit.
(F) Other information determined by the department to be relevant
in assessing whether the permit approval process, including the
deadlines prescribed by this section, provide for an efficient review
process in furtherance of the department's statutory obligations.
(2) By January 1, 2012, and annually thereafter for two years
until 2014, the department shall report to the Legislature on the
extent to which it arranges for entities other than itself to provide
all or part of the environmental review of eligible projects. The
2014 report may be combined with the report described in paragraph
(1).
(3) A report to be submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(4) Pursuant to Section 10231.5 of the Government Code, this
subdivision is inoperative on January 1, 2016.