California Government Code 65956.5 – (a) Prior to an applicant providing advance notice to an …
(a) Prior to an applicant providing advance notice to an environmental agency of the intent to provide public notice pursuant to subdivision (b) of Section 65956 for action on an environmental permit, the applicant may submit an appeal in writing to the governing body of the environmental agency, or if there is no governing body, to the director of the environmental agency, as provided by the environmental agency, for a determination regarding the failure by the environmental agency to take timely action on the issuance or denial of the environmental permit in accordance with the time limits specified in this chapter.
(b) There shall be a final written determination by the environmental agency on the appeal not later than 60 calendar days after receipt of the applicant’s written appeal. The final written determination by the environmental agency shall specify both of the following:
Terms Used In California Government Code 65956.5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10
(1) The reason or reasons for failing to act pursuant to the time limits in this chapter.
(2) A date by which the environmental agency shall act on the permit application.
(c) Notwithstanding any other provision of this chapter, any appeal submitted pursuant to subdivision (a) involving an environmental permit from an environmental agency shall be made to the Secretary for Environmental Protection if the environmental agency declines to accept the appeal for a decision pursuant to subdivision (a) or the environmental agency does not make a final written determination pursuant to subdivision (b).
(d) Any appeal submitted pursuant to subdivision (a) involving an environmental permit to a board, office, or department within the California Environmental Protection Agency shall be made to the Secretary for Environmental Protection.
(e) For purposes of this section, “environmental permit” has the same meaning as defined in § 71012 of the Public Resources Code, and “environmental agency” has the same meaning as defined in § 71011 of the Public Resources Code, except that “environmental agency” does not include the agencies described in subdivisions (c) and (h) of § 71011 of the Public Resources Code.
(Added by Stats. 1993, Ch. 419, Sec. 4. Effective January 1, 1994.)