Bill Text: CA SB146 | 2017-2018 | Regular Session | Amended
Bill Title: Water resources: permit to appropriate: protected species.
Spectrum: Bipartisan Bill
Status: (Failed) 2018-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB146 Detail]
Download: California-2017-SB146-Amended.html
Amended
IN
Senate
March 20, 2017 |
Amended
IN
Senate
February 17, 2017 |
Senate Bill | No. 146 |
Introduced by Senator Wilk (Principal coauthor: Senator Stern) |
January 17, 2017 |
LEGISLATIVE COUNSEL'S DIGEST
This bill, if the board has not rendered a final determination on an application for a permit to appropriate water within 25 years from the date the application was filed, would require the board to issue a notice and provide an opportunity for protests before rendering a final determination, with specified exceptions. This bill would provide that it is not a limitation on the authority of the board to issue a notice or direct the applicant to issue a notice if, because of changes in the project or other circumstances, the issuance of a notice is necessary to provide a fair opportunity for interested persons to file protests or is in the public interest.
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.
The Legislature finds and declares the following:SEC. 2.
Section 1257.7 is added to the Water Code, to read:1257.7.
The board shall not issue, on or after January 1, 2018, a new permit to appropriate water from any river or stream that has, or is reasonably expected to have, a population of unarmored threespine stickleback (Gasterosteus aculeatus williamsoni).(a)If the board has not rendered a final determination on an application for a permit to appropriate water within 25 years from the date the application was filed, the board shall issue a new notice and provide an opportunity for protests under Chapter 4 (commencing with Section 1330) before rendering a final determination.
(b)A notice and opportunity for protests pursuant to subdivision (a) is not required if any of the following apply:
(1)The application is canceled or denied.
(2)A notice and opportunity for protests has been provided within five years prior to the board rendering a final approval.
(3)The board holds a hearing or conducts proceedings under Article 1.5 (commencing with Section 1345), after public notice of the hearing or proceeding, and allows any person requesting notice of the hearing or proceedings to participate as a party in the hearing or proceeding, including the presentation of evidence, without having to have filed protests. The board shall provide not less than 45 days’ written notice, in the same manner as would be provided to an unresolved protestant, to any person requesting the notice.
(4)The applicant is a public entity.
(c)This section is not a limitation on the authority of the board to issue a notice or direct the applicant to issue a notice if, because of changes in the project or other circumstances, the issuance of a notice is necessary to provide a fair opportunity for
interested persons to file protests or is in the public interest.