SB 798 — Natural resources.

Summary

(1) Existing law authorizes the Fish and Game Commission to establish, by regulation, an automatic process to conform its sport fishing regulations to federal regulations. This bill would clarify that specified laws relating to administrative regulations and rulemaking do not apply to the conforming action implemented pursuant to the automatic process described above. An existing regulation defines the Automated License Data System as an automated system that replaces the Department of Fish and Wildlife's paper license inventory system. Existing law generally prohibits a person from obtaining from the department more than one license, permit, reservation, or other entitlement of the same class, or more than the number of tags authorized by law, as provided, except under certain conditions. Existing law authorizes a person, as provided, to submit an application to the department, to be a license agent to issue licenses, permits, reservations, tags, and other entitlements. Existing law requires these authorized license agents to remit to the department the specified fees for these licenses, permits, reservations, tags, and other entitlements, as provided. Existing law authorizes the department to accept from any authorized license agent an affidavit for settlement of its account in lieu of licenses, permits, reservations, tags, and other entitlements that have been lost or destroyed if the license agent meets specified criteria. Existing law provides that the above provisions and various other provisions apply only to those licenses, permits, reservations, tags, or other entitlements that are not issued through the Automated License Data System. This bill would delete those provisions and would make conforming changes. (2) Existing law provides that the sovereignty and jurisdiction of the state extends to all places within its boundaries, as established by the Constitution. Existing law provides that the extent of the jurisdiction over places that have been or may be ceded to, purchased, or condemned by the United States is qualified by the terms of the cession or the laws under which the purchase or condemnation is made. Existing law provides that the state has accepted the retrocession of jurisdiction over certain lands, including the Presidio in the City and County of San Francisco. Existing law provides that the Legislature consents to the retrocession of jurisdiction by the United States over land within the state, subject to certain conditions, including that the State Lands Commission holds a hearing to determine whether acceptance of the retrocession is in the best interest of the state. This bill would provide that the Legislature, acting through the State Lands Commission, consents to the retrocession of jurisdiction by the United States over land within the state subject to additional conditions, including that a notice of the proposed retrocession has been given to the clerk for the board of supervisors of the county in which the federal lands are located, as provided, and that the United States has agreed to bear all costs and expenses incurred by the State Lands Commission in making the retrocession. The bill would also require the acceptance of the retrocession to be made at a publicly noticed meeting of the commission. Existing law requires, among other things, the commission to make rules and regulations governing the conditions and procedures of the hearings on retrocession. This bill would delete these requirements. Existing law authorizes the Governor to convey certain state lands to the United States for the site of a lighthouse, beacon, or other aid to navigation. Existing law provides that after the conveyance, the United States has jurisdiction over the tract, subject to the right of the state to have concurrent jurisdiction, as provided. This bill would delete that provision. (3) Existing law requires the State Board of Forestry and Fire Protection to appoint a Range Management Advisory Committee and requires 2 members on the board to be from the general public, as provided, and for one member to be nominated by the Watershed Fire Council of Southern California. This bill would instead require 3 members to be from the general public, as provided, and would delete the nomination from the Watershed Fire Council of Southern California. (4) Existing law establishes the California Coastal Commission and prescribes the membership of the commission. Existing law requires the board of supervisors and city selection committee of each county within a coastal region to nominate supervisors or city council members who reside in the region for appointment by the Governor, the Senate Committee on Rules, or the Speaker of the Assembly to serve on the commission. Existing law also authorizes any member of the commission, subject to the confirmation of his or her appointing power, to appoint an alternate member to represent the member at any commission meeting. Existing law requires the commission to meet at least once a month at a place convenient to the public. This bill would authorize the board of supervisors and city selection committee of each county within a coastal region, to also nominate mayors who reside in the region to serve on the commission, as provided. The bill would specify that an alternate for a locally elected official need not also be a local government official. The bill would require the commission to meet at least 11 times annually and would require that each meeting occur not more than 45 days after the previous meeting. Existing law provides that no law precludes or prevents the appointment, as a public member, to the commission of any person who is not a locally elected official. This bill would delete that provision. (5) Existing law declares that the diversion or use of water other than as authorized by specified provisions of law is a trespass. Existing law authorizes the executive director of the State Water Resources Control Board to issue a complaint to a person who violates certain use and diversion of water provisions and subjects the violator to administrative civil liability. Existing law requires that the complaint be served by personal notice or certified mail and inform the party served that the party may request a hearing not later than 20 days from the date the party was served. This bill would specify that the board is authorized to adopt an order setting administrative civil liability based on the allegations set forth in the complaint without a hearing if the party does not sign a written request for a hearing that is delivered to, or received by mail by, the board within 20 days after the date the party was served. (6) Existing law allows a person to apply for, and the board to issue, a temporary permit for diversion and use of water, subject to certain restrictions. Existing law allows a permittee or licensee who has an urgent need to change a point of diversion, place of use, or purpose of use to petition for, and the board to issue, a temporary change order, subject to certain restrictions. Existing law provides that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the date of issuance. This bill would provide that the authorization for a temporary permit or a temporary change order automatically expires 180 days after the authorization takes effect. This bill would provide that the 180-day period does not include any time required for monitoring, reporting, or mitigation before or after the authorization to divert or use water under the temporary permit or temporary change order. (7) Existing law requires the board, prior to adopting other general conditions for small irrigation use, and no later than June 30, 2012, to adopt general conditions for small irrigation use for facilities used for frost protection in a prescribed area, unless the board determines that sufficient funds are not available for that purpose. This bill would eliminate this provision. (8) Under existing law, all fees, expenses, and penalties collected by the board under certain provisions relating to water rights determinations are deposited in the Water Rights Fund. The moneys in the Water Rights Fund are available, upon appropriation by the Legislature, for, among other things, the administration of the board's water rights program. Existing law also establishes the Water Resources Control Board Revolving Fund for similar purposes relating to rights determinations. Existing law requires the Department of Finance to review the status of the fund to determine whether there are excess amounts of money not needed to carry out these provisions and, if there are excess amounts of money, to notify the Controller to transfer the excess money to the General Fund. This bill would repeal the provisions relating to the Water Resources Control Board Revolving Fund. (9) This bill would make various nonsubstantive changes, including repealing obsolete provisions.

Bill Text

• Chaptered 10/09/15 - Chaptered Current pdf October 09, 2015
• Enrolled 09/01/15 - Enrolled pdf September 01, 2015
• Amended 07/08/15 - Amended Assembly pdf July 08, 2015
• Amended 07/06/15 - Amended Assembly pdf July 06, 2015
• Amended 05/06/15 - Amended Senate pdf May 06, 2015
• Amended 04/22/15 - Amended Senate pdf April 22, 2015
• Introduced 03/18/15 - Introduced pdf March 18, 2015
• SB798 View text html

Action History

1. October 09, 2015

   Chaptered by Secretary of State. Chapter 683, Statutes of 2015.

2. October 09, 2015

   Approved by the Governor.

3. September 03, 2015

   Enrolled and presented to the Governor at 10 a.m.

4. September 01, 2015

   Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2380.) Ordered to engrossing and enrolling.

5. August 31, 2015

   Ordered to special consent calendar.

6. August 27, 2015

   In Senate. Concurrence in Assembly amendments pending.

7. August 27, 2015

   Read third time. Passed. (Ayes 78. Noes 0. Page 2639.) Ordered to the Senate.

8. August 20, 2015

   Read second time. Ordered to consent calendar.

9. August 19, 2015

   From committee: Do pass. Ordered to consent calendar. (Ayes 17. Noes 0.) (August 19).

10. July 08, 2015

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

11. July 06, 2015

    Read second time and amended. Re-referred to Com. on APPR.

12. July 02, 2015

    From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 15. Noes 0.) (June 30).

13. June 18, 2015

    Referred to Com. on W., P., & W.

14. May 22, 2015

    In Assembly. Read first time. Held at Desk.

15. May 22, 2015

    Read third time. Passed. (Ayes 38. Noes 0. Page 1073.) Ordered to the Assembly.

16. May 19, 2015

    Read second time. Ordered to consent calendar.

17. May 18, 2015

    From committee: Be ordered to second reading pursuant to Senate Rule 28.8 and ordered to consent calendar.

18. May 08, 2015

    Set for hearing May 18.

19. May 06, 2015

    Read second time and amended. Re-referred to Com. on APPR.

20. May 05, 2015

    From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 8. Noes 0. Page 821.) (April 28).

21. April 22, 2015

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

22. April 09, 2015

    Set for hearing April 28.

23. March 25, 2015

    Referred to Com. on N.R. & W.

24. March 19, 2015

    From printer. May be acted upon on or after April 18.

25. March 18, 2015

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

Sponsors

• Committee on Natural Resources and Water · Primary

Votes

Subjects