SB 833 — Natural resources: mining: conservation lands: Native American historical sites: tidelands and submerged lands.

Summary

(1) Existing law requires that a person who owns, leases, controls, operates, or maintains an occupied dwelling or occupied structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, shall maintain a defensible space of no greater than 100 feet from each side of the structure. Existing law requires that a person who owns, leases, controls, operates, or maintains a building or structure in, upon, or adjoining a mountainous area, forest-covered land, brush-covered land, grass-covered land, or land that is covered with flammable material, within a state responsibility area, maintain a defensible space of no greater than 100 feet from each side of the structure. A violation of these provisions is a crime. This bill would instead require the person described above to maintain a defensible space of 100 feet from each side and from the front and rear of the structure. The bill would also revise the definition of "fuel" for the purposes of fuels management. Because the bill would change the definition of a crime, it would impose a state-mandated local program. (2) The Surface Mining and Reclamation Act of 1975 prohibits a person from conducting surface mining operations without obtaining a permit from the lead agency for those operations, and submitting and receiving approval for a reclamation plan and financial assurances from the lead agency. Existing law requires a lead agency, upon approval of a reclamation plan or an amendment to a reclamation plan, to record a "Notice of Reclamation Plan Approval" with the county recorder. This bill would require that notice to include the name of the owner of record of the mine operation, the name of the lead agency, and the acknowledged signature of the lead agency representative. (3) Under existing law, for a charitable contribution claimed by a seller on certain conservation lands acquired using state funds, the seller is required to attach to his or her personal income tax return a copy of an appraisal of the charitable contribution, as described. This bill would, instead, require the seller to attach to his or her income tax return a copy of the appraisal of the charitable contribution relied on by the acquisition agency. (4) Existing law establishes the Native American Heritage Commission. Existing law requires the commission, once it receives notification of Native American human remains from a county coroner, to notify the most likely descendants, and the descendants, with permission of the landowner, may inspect the site and recommend appropriate dignified disposition of the human remains and grave goods. Existing law requires, when the commission is unable to identify descendants, the descendants fail to make a recommendation, or other specified circumstances occur, that the landowner reinter the human remains, and perform at least one of 3 activities to protect the site, including record a document with the county in which the property is located. This bill would require that the document be titled "Notice of Reinterment of Native American Remains" and include a legal description of the property, the name of the owner of the property, and the owner's acknowledged signature. (5) The California Coastal Act of 1976 provides for the certification of port master plans by the California Coastal Commission. The act requires amendments to a port master plan to be submitted to the commission for approval and provides for a special procedure for the designation and approval of amendments to a port master plan that are de minimis. This bill would revise the procedure for setting a public hearing or returning the proposed amendment if 3 members of the commission object to the executive director's determination that the proposed amendment is de minimis. (6) The Treasure Island Public Trust Exchange Act authorizes the State Lands Commission to approve an exchange of public trust lands within the Treasure Island Development Authority property, whereby certain trust lands on Treasure Island that meet specified criteria and are not useful for public trust purposes are freed from the public trust and may be conveyed into private ownership, and certain other lands on Yerba Buena Island that are not public trust lands and that are useful for public trust purposes are made subject to the public trust. Among other requirements for approval, the commission is required to find that sufficient building height limitations are in place to ensure that views from public areas at Yerba Buena Island are not obstructed. This bill would instead require a finding that sufficient building height limitations are in place to ensure that development on Yerba Buena Island will not significantly obstruct certain views, as of January 1, 2010, from the proposed trust lands on the eastern and western hilltop public park areas on Yerba Buena Island. The bill would also revise the diagram of lands that is part of the act. (7) Existing law grants to the City and County of San Francisco the right, title, and interest of the State of California in and to certain tidelands and submerged lands in trust for certain purposes. Under existing law, the Burton Act and the Burton Act transfer agreement, the interest of the state in and to the Harbor of San Francisco was transferred in trust to the City and County of San Francisco. The State Lands Commission has jurisdiction over tidelands and submerged lands of the state. Existing law authorizes the City and County of San Francisco to lease, sell, or otherwise transfer all or any portion of certain tidelands and submerged lands constituting "paper streets" in the City and County of San Francisco to any person, as defined, free of the public trust and of any additional restrictions on use or transfer created by the Burton Act or Burton Act transfer agreement upon a finding and declaration of specified conditions by the State Lands Commission. This bill would revise certain descriptions of those paper streets. Existing law declares, until January 1, 2094, that certain parcels of real property denominated as the designated seawall lots, subject to certain specified conditions, are free from the use requirements of the public trust, the Burton Act trust, and the Burton Act transfer agreement. The San Francisco Port Commission is authorized to lease all or a portion of the designated seawall lots provided that specified conditions are met. This bill would revise those provisions to include a map of those designated seawall lots. (8) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 10/11/09 - Chaptered Current pdf October 11, 2009
• Enrolled 09/11/09 - Enrolled pdf September 11, 2009
• Amended 08/31/09 - Amended Assembly pdf August 31, 2009
• Amended 08/17/09 - Amended Assembly pdf August 17, 2009
• Amended 06/26/09 - Amended Assembly pdf June 26, 2009
• Amended 06/17/09 - Amended Assembly pdf June 17, 2009
• Introduced 04/15/09 - Introduced pdf April 15, 2009
• SB833 View text html

Action History

1. October 11, 2009

   Chaptered by Secretary of State. Chapter 208, Statutes of 2009.

2. October 11, 2009

   Approved by Governor.

3. September 28, 2009

   Enrolled. To Governor at 11 a.m.

4. September 10, 2009

   Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 2375.) To enrollment.

5. September 09, 2009

   In Senate. To unfinished business.

6. September 08, 2009

   Read third time. Passed. (Ayes 78. Noes 0. Page 3061.) To Senate.

7. August 31, 2009

   (Corrected September 3.)

8. August 31, 2009

   Read third time. Amended. (Page 2823.) To third reading.

9. August 27, 2009

   From Consent Calendar to third reading.

10. August 24, 2009

    Read second time. To Consent Calendar.

11. August 20, 2009

    (Heard in committee on August 19.)

12. August 20, 2009

    From committee: Do pass. To Consent Calendar. (Ayes 17. Noes 0.)

13. August 17, 2009

    From committee with author's amendments. Read second time. Amended. Re-referred to Com. on APPR.

14. July 09, 2009

    (Heard in committee on July 8.)

15. July 09, 2009

    From committee: Do pass, but first be re-referred to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) Re-referred to Com. on APPR.

16. June 26, 2009

    (Corrected June 29.)

17. June 26, 2009

    Read second time. Amended. Re-referred to Com. on L. GOV.

18. June 25, 2009

    (Heard in committee on June 22.)

19. June 25, 2009

    From committee: Do pass as amended, but first amend, and re-refer to Com. on L. GOV. (Ayes 9. Noes 0.)

20. June 17, 2009

    (Corrected June 18.)

21. June 17, 2009

    From committee with author's amendments. Read second time. Amended. Re-referred to Com. on NAT. RES.

22. June 08, 2009

    To Coms. on NAT. RES. and L. GOV.

23. May 18, 2009

    In Assembly. Read first time. Held at Desk.

24. May 18, 2009

    Read third time. Passed. (Ayes 36. Noes 0. Page 932.) To Assembly.

25. May 14, 2009

    To Special Consent Calendar.

26. May 13, 2009

    Read second time. To third reading.

27. May 12, 2009

    From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

28. May 01, 2009

    Set for hearing May 11.

29. April 28, 2009

    From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 10. Noes 0. Page 684.) Re-referred to Com. on APPR.

30. April 24, 2009

    Set for hearing April 28.

31. April 23, 2009

    To Com. on N.R. & W.

32. April 23, 2009

    (Ayes 36. Noes 0. Page 618.)

33. April 23, 2009

    Art. IV, Sec. 8(a), of Constitution dispensed with. Joint Rule 55 suspended.

34. April 16, 2009

    From print. May be acted upon on or after May 16.

35. April 15, 2009

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Committee on Natural Resources and Water · Primary

Votes

Subjects