Report 2018-120 Recommendation 24 Responses

Report 2018-120: San Francisco Bay Conservation and Development Commission: Its Failure to Perform Key Responsibilities Has Allowed Ongoing Harm to the San Francisco Bay (Release Date: May 2019)

Recommendation #24 To: San Francisco Bay Conservation and Development Commission

To ensure consistency in its enforcement program, the commission should by January 2021 update its regulations on permit issuance to offer greater clarity on the types of projects for which staff may issue permits without commissioners' hearings.

Annual Follow-Up Agency Response From November 2022

Fully implemented. The revised BCDC permit and enforcement regulations went into effect on October 1, 2022.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

The commission indicated that it has fully implemented this recommendation; however, when we contacted them, they did not support how their new regulations specifically implement this recommendation.

Annual Follow-Up Agency Response From October 2021

The revised regulations are currently being reviewed by the Office of Administrative Law and are expected to be in effect by December 31, 2021. In April 2021, the Commission approved amendments to BCDC's enforcement regulations to provide clarity regarding staff discretion in issuing administrative permits. In May 2021, the Commission approved numerous revisions to BCDC's regulations related to permitting and other regulatory processes. These amendments, in some cases, increased the limits of work that may be authorized administratively. Further, staff have discussed additional changes to improve permitting efficiencies and BCDC will continue to explore any regulatory changes that the Commission deems appropriate to provide clarity regarding staff discretion.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

Annual Follow-Up Agency Response From October 2020

Staff has discussed possible changes that could be made to the process for issuing minor permits, and BCDC will explore any regulatory changes that the Commission deems appropriate to provide greater clarity regarding staff discretion to issue administrative permits. However, BCDC is pursuing amendments to the enforcement regulations before undertaking changes to the permitting regulations. Staff plans to begin a comprehensive rulemaking process that addresses revisions to the permitting regulations before the end of the year. In addition, the Department of Finance's Mission Based Budgeting team will be expanding its scope to include BCDC's permitting function, which may provide additional resources to assist with pursuing changes to the permitting regulations.

California State Auditor's Assessment of Annual Follow-Up Status: Pending

1-Year Agency Response

Staff has discussed possible changes that could be made to the process for issuing minor permits, and BCDC will explore any regulatory changes that the Commission deems appropriate to provide clarity regarding staff discretion. It is anticipated that this will be done through a comprehensive rulemaking that addresses other revisions to the permitting regulations.

California State Auditor's Assessment of 1-Year Status: Pending

6-Month Agency Response

Staff has discussed possible changes that could be made to the process for issuing minor permits, and, as appropriate, BCDC will explore any regulatory changes that the Commission deems appropriate to provide clarity regarding staff discretion.

California State Auditor's Assessment of 6-Month Status: Pending

60-Day Agency Response

BCDC is exploring a potential regulatory change to provide clarity regarding the Executive Director's discretion regarding administrative permits.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2018-120

Agency responses received are posted verbatim.