Bill Text: CA AB2545 | 2017-2018 | Regular Session | Amended
Bill Title: Department of Fish and Wildlife: lake or streambed alteration agreements.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-25 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2545 Detail]
Download: California-2017-AB2545-Amended.html
Amended
IN
Assembly
May 25, 2018 |
Amended
IN
Assembly
April 25, 2018 |
Amended
IN
Assembly
April 17, 2018 |
Assembly Bill | No. 2545 |
Introduced by Assembly Member Gallagher |
February 15, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 1618 is added to the Fish and Game Code, to read:1618.
(a) The department shall adopt general agreements for activities described in subdivision (a) of Section 1602 and establish procedures for the issuance of those general agreements.It is the intent of the Legislature to enact legislation to codify definitions of “bank,” “bed,” and “channel” for purposes of Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code that are consistent with case law, including the foundational case Rutherford v. State of California (1987) 188 Cal.App.3d 1267, and the definition of “river” and “stream” in Section 1601 of the Fish and Game Code, to protect fish and wildlife resources that depend on natural rivers, streams, and lakes.
The following definitions apply to this chapter:
(a)“Agreement” means a lake or streambed alteration agreement.
(b) “Day” means calendar day.
(c) “Emergency” has the same definition as in Section 21060.3 of the Public Resources Code.
(d) “Entity” means any person, state or local governmental agency, or public utility that is subject to this chapter.
(e)(1)Except
as provided in paragraph (2), “river” and “stream”
mean a body of water that flows at least periodically or intermittently through a definite course or channel having banks and that supports fish or other wildlife. This includes watercourses having a surface or subsurface flow that supports or have supported riparian vegetation.
(2)The definition of “river” and “stream” does not include artificial water conveyance infrastructure except to the extent that the artificial water conveyance infrastructure incorporates or occupies a naturally occurring bed, bank, or channel of a preexisting river or stream or replaces a preexisting river or stream for flood control or navigation. For purposes of this paragraph, “artificial
water conveyance infrastructure” includes, but is not limited to, canals, flood control channels, irrigation ditches, and drainage ditches, whether lined or unlined.
(3)The exception for artificial water conveyance infrastructure provided in paragraph (2) does not alter the otherwise applicable provisions of Section 1602, including the requirement to provide written notification pursuant to subdivision (a) of Section 1602, if the construction, operation, or maintenance of artificial water conveyance infrastructure would 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, and, if that notification is required, the requirement to enter into a final agreement pursuant to Section 1603 if the department determines that the activity may substantially adversely affect an existing fish or wildlife resource.