§ 1004-2.406. Application and grant of franchise; county costs.

(a)

Application. Each application for an initial grant of franchise, or for an extension, renewal, transfer or continuance of a previously granted franchise, must be submitted in writing, in a format determined by the road commissioner. At a minimum, each application must specify: (1) the number, diameter, length and type of the pipeline(s) to be installed; (2) the substance(s) to be transported through the pipeline(s); (3) a map describing the location(s) of the franchise property in accordance with Section 1004-2.410 of this code; (4) the amount(s) the applicant proposes to pay to the county annually during the life of the franchise if granted; and (5) any other information required by the public works department.

(b)

Additional Information. In addition to the above requirements, unless exempted from disclosure to the county by a provision of the federal Homeland Security Act (6 U.S.C. Sections 101 et seq.) or other applicable law that is specifically identified by the applicant, an application for a pipeline franchise shall also provide the following information for existing and new pipelines to the public works department including, but not limited to: the volume; pressure and type of substances being transported by the pipeline; the size, date of construction and material specifications of the pipeline; maximum pipeline pressure ratings; the date of the most recent inspection required by law; a copy of the most recent certifications from all applicable regulatory agencies; a detailed description of materials transported, maximum daily volumes, and certifications from all agencies responsible for permitting and operation of the pipeline facilities, as applicable; evidence of public utility status, if any; and the pipeline emergency plan specified in Section 1004-2.410, and any other information as may be requested by the road commissioner and the applicable fire protection district. Any information provided to the county pursuant to this chapter is potentially subject to the disclosure requirements of the California Public Records Act (Government Code §§ 6250, et seq.) and the County Better Government Ordinance (County Ordinance Code, Division 25), subject to any valid exceptions.

(c)

County Costs. An applicant for a pipeline franchise shall reimburse the county for all of the county's administrative costs, staff time, administrative, legal and consulting fees incurred by the county, in connection with processing the application or an application for the extension or transfer of a franchise, including but not limited to the preparation of any reports, statements or studies pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.) and any similar federal statute, and for any advertising and publishing costs, including the cost of publishing the ordinance, if necessary, incurred in connection with the granting of the franchise and any legal and consulting fees incurred by the county, in connection with oversight, supervision and administration of the pipeline franchise. Upon request of a grantee, county will provide an itemized accounting of county's costs.

(d)

Payment of Costs. The grant of a pipeline franchise and its continued effectiveness shall be conditioned upon the applicant's full payment of the county's costs relating to the granting and administration of the franchise.

(e)

Renewal. An application for the renewal of an existing franchise pursuant to Section 1004-2.402(b) will be denied if the grantee is not in full compliance with all of the terms and conditions of its existing franchise, this chapter and the code, including but not limited to payment of any unpaid franchise fees, interest and late fees. No application for the renewal of an existing franchise will be processed by the county or will be considered by the board of supervisors, nor will any renewal franchise be granted, unless the grantee pays the county in full any and all unpaid franchise fees, interest and late fees that have accrued through the date of the application, and thereafter, through the date of the grant of the renewed franchise, as determined by the county.

(f)

Deposit. Upon its application for an initial franchise or a renewal or extension, transfer, sale, lease, or assignment of an existing franchise, the applicant shall deposit with the public works department an amount established by resolution of the board of supervisors.

(g)

Use of Deposit. The county will deduct from an applicant's deposit any and all of its administrative costs, staff time, administrative, legal and consulting fees incurred by the county, in connection with processing the application and administering the pipeline franchise, including but not limited to the preparation of any documents pursuant to the California Environmental Quality Act (Public Resources Code Sections 21000 et seq.). The amounts deducted will be calculated in accordance with the public works department fee schedule.

(h)

Deposit Renewal. When a grantee's initial administrative deposit (or any subsequent administrative deposit) is depleted, the grantee shall, within thirty days after receiving notice and a written statement from the county of all costs and fees deducted from the initial administrative deposit, make an additional administrative deposit in the amount requested by the public works department, not to exceed the amount established by resolution.

(i)

Excess Deposit. The public works department will return to a grantee any remaining funds on deposit after the public works department determines that all administrative tasks have been completed following termination of a franchise.

(j)

Payment Requirement. The grant and continuation of a franchise is conditioned upon the full payment of the county's administrative costs.

(Ord. No. 2013-19, § II, 8-13-13)