California 2009-2010 Regular Session Status: In Committee

AB 439 — Encroachment permits.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

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.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. Re-referred to Com. on TRANS.

  5. From committee chair, with author's amendments: Amend, and re-refer to Com. on TRANS. Read second time and amended.

  6. Referred to Com. on TRANS.

  7. From printer. May be heard in committee March 27.

  8. Read first time. To print.

Sponsors

  • Miller · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Miller

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 439 do?
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.
Who sponsors AB 439?
AB 439 is sponsored by Miller.
What is the current status of AB 439?
This bill died with 2009-2010 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 439?
Track AB 439 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on AB 439

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of AB 439

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →