Bill Text: CA AB1581 | 2023-2024 | Regular Session | Amended
Bill Title: Diversion or obstruction of rivers, streams, or lakes: lake or streambed alteration agreement.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2023-07-03 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1581 Detail]
Download: California-2023-AB1581-Amended.html
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Amended
IN
Assembly
April 07, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1581
| Introduced by Assembly Member Kalra |
February 17, 2023 |
An act to amend Section 1602 of the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1581, as amended, Kalra.
Diversion or obstruction of rivers, streams, or lakes: lake or streambed alteration agreement.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, unless the Department of Fish and Wildlife receives written notification regarding the activity, the department determines the notification is complete, the entity pays the applicable fees, and the department or a panel of arbitrators issues a lake or streambed alteration agreement or the department informs the entity that it may commence the activity without an agreement, except as provided. Under existing law, it is unlawful for any entity to violate the above-mentioned provision, and an entity that violates that provision is also subject to a civil penalty of not more than $25,000 for each
violation.
This bill would exempt certain individuals, public agencies, universities, zoological gardens, and scientific or educational institutions authorized to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes from the requirement to obtain an agreement with the department, as specified. The bill would instead require these entities to submit to the department a written notification, fee, and, if applicable, a copy of proposed environmental protection measures authorized by other agencies’ programmatic habitat restoration permits and guidance, permits, as specified. The bill would require the department to notify the entity in writing whether the exemption applies within 60
days from the date that the notification is complete and the fee has been paid. Because a violation of this provision would be a crime, the bill would impose a state-mandated local program.
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1602 of the Fish and Game Code is amended to read:1602.
(a) An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:(1) The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:
(A) A detailed description of the project’s location and a map.
(B) The name, if any, of the river, stream, or lake affected.
(C) A detailed project description, including, but not limited to, construction plans and drawings, if applicable.
(D) A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(E) A copy of any other applicable local, state, or federal permit or agreement already issued.
(F) Any other information required by the department.
(2) The department determines the notification is complete in accordance with Chapter 4.5 (commencing with
Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the
purposes of that chapter.
(3) The entity pays the applicable fees, pursuant to Section 1609.
(4) One of the following occurs:
(A) (i) The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(ii) Each region of the department shall log the notifications of activities where no agreement is required. The log shall
list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.
(B) The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.
(C) A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603,
and the entity conducts the activity in accordance with the agreement.
(D) The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(b) (1) If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:
(A) The work
described in the agreement has substantially changed.
(B) Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.
(2) This subdivision applies only if notice to, and agreement with, the department was attained prior to January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.
(c) Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.
(d) (1) Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Cannabis Control for the term of the license or renewed license if all of the following occur:
(A) The entity submits all of the following to the department:
(i) The written notification described in paragraph (1) of subdivision (a).
(ii) A copy of the license or renewed license for cannabis cultivation issued by the Department of Cannabis Control that includes the requirements specified in
Section 26060.1 of the Business and Professions Code.
(iii) The fee specified in paragraph (3) of subdivision (a).
(B) The department determines in its sole discretion that compliance with the requirements specified in Section 26060.1 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that
may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603.
(C) The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.
(2) The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid.
(3) If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements
described in Section 26060.1 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Cannabis Control of any enforcement action taken.
(e) (1) Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized pursuant to subdivision (a) of Section 2081 if the entity submits all of the following to the department:
(A) The written notification described in paragraph (1) of subdivision (a).
(B) The fee specified in paragraph (3) of subdivision (a).
(C) A copy of proposed environmental protection measures authorized by other agencies’ programmatic habitat restoration permits and guidance, permits, including, but not limited to, all of the following that apply:
(i) The State Water Resources Control Board Order WQ 2022-0048-DWQ (August 16, 2022).
(ii) The federal Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson–Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the National Oceanic and Atmospheric Administration Restoration Center
and United States Army Corps of Engineers’ Restoration Program for Northern California, NMFS No: WCRO-2021-02830 (March 31, 2022). Central Coastal California, South-Central and Southern California, and the Central Valley.
(iii) The United States Fish and Wildlife Service’s Programmatic Biological and Conference Opinion on the Statewide Programmatic Biological Assessment for Restoration: Multi-Agency Implementation of Aquatic, Riparian, Floodplain and Wetland Restoration Projects to Benefit Fish and Wildlife in California, FWS Reference: 2022-0005149-S7 (2022).
(2) The department shall notify the entity in writing
whether the exemption in paragraph (1) applies to the activity authorized pursuant to subdivision (a) of Section 2081 within 60 days from the date that the notification is complete and the fee has been paid.
(f) It is unlawful for any entity to violate this chapter.
