Bill Text: CA SB814 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Natural resources: administration.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2013-10-01 - Chaptered by Secretary of State. Chapter 472, Statutes of 2013. [SB814 Detail]

Download: California-2013-SB814-Amended.html

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BILL NUMBER: SB 814	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 10, 2013
	AMENDED IN SENATE  APRIL 11, 2013

INTRODUCED BY   Committee on Natural Resources and Water (Senators
Pavley (Chair), Cannella, Evans, Fuller, Jackson, Lara, Monning, and
Wolk)

                        FEBRUARY 26, 2013

   An act to amend  Section   Sections 
8405.2  and 12025  of the Fish and Game Code,   and
 to amend Sections 607, 2774, 2790,  and 30333
  30333, and 30620  of the Public Resources Code,
  and to amend Section 2810.2 of the Vehicle Code, 
relating to administration of  natural   public
 resources.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 814, as amended, Committee on Natural Resources and Water.
Public resources: administration. 
   Existing 
    (1)     Existing  law prohibits sea
cucumbers from being taken, possessed aboard a boat, or landed by a
person for commercial purposes except under a valid sea cucumber
permit. Existing law authorizes a sea cucumber permit to be
transferred if specified conditions are met, including requiring that
an application for transfer be submitted to the Department of Fish
and Wildlife and the payment of a transfer fee.
   This bill would authorize, upon the death of a sea cucumber
permitholder, a sea cucumber permit to be transferred by the
permitholder's heirs, assignees, or estate to a qualified person as
specified. 
   (2) Existing law imposes various civil fines and penalties for a
violation of specified provisions of the Fish and Game Code in
connection with the production or cultivation of a controlled
substance, as defined, on land within the jurisdiction of specified
state, local, and federal agencies or within the ownership of a
timberland production zone, as prescribed.  
   Existing law also authorizes a peace officer, as described, to
stop a vehicle transporting agricultural irrigation supplies, as
defined, that are in plain view on a rock road or unpaved road that
is located in a county that elects to implement these provisions, and
within the jurisdiction of specified state, local, or federal
agencies or within the ownership of a timberland production zone and
to inspect the bills of lading, shipping, or delivery papers, or
other evidence, to determine whether the driver is in legal
possession of the load. Existing law authorizes the peace officer,
upon reasonable belief that the driver of the vehicle is not in legal
possession, to take custody of the vehicle and load and turn them
over to the custody of the sheriff of the county in which any of
those items are apprehended.  
   This bill would revise these provisions to instead specify their
application to lands under the management of these various state,
local, and federal agencies.  
   (3) Under existing law, the California Coastal Commission is
authorized to amend or adopt rules and regulations related to duties
of the commission in accordance with specified provisions of law.
Existing law requires the commission to prepare interim procedures
for coastal development permit applications and claims of exemption,
as specified, including interpretive guidelines to determine how
policies of the California Coastal Act are applied in the coastal
zone prior to the certification of local coastal programs.  

   This bill would require the interpretive guidelines to also
include how the policies are applied through the preparation and
amendment of local coastal programs and would make various technical,
nonsubstantive changes to these California Coastal Commission
provisions.  
   Under 
    (4)     Under  existing law, the
Department of Conservation is divided between various entities,
including the Division of Oil, Gas, and Geothermal Resources and the
Office of Mine Reclamation. The Surface Mining and Reclamation Act of
1975, administered by the department, prohibits a person, with
exceptions, from conducting surface mining operations unless, among
other things, a reclamation plan is submitted to and approved by the
lead agency for the operation. The act requires every lead agency to
adopt ordinances that establish procedures for the review and
approval of reclamation plans, and, before approving a reclamation
plan, to submit the plan to the Director of Conservation. The act
also authorizes the State Mining and Geology Board to designate
specific geographic areas of the state as areas of statewide or
regional significance, as specified. 
   Under existing law, the California Coastal Commission is
authorized to amend or adopt rules and regulations related to duties
of the commission in accordance with specified provisions of law.

   This bill would make technical, nonsubstantive changes to these
Department of Conservation  and California Coastal Commission
 provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 8405.2 of the Fish and Game Code is amended to
read:
   8405.2.  (a) A sea cucumber permit may be transferred by the
permittee if the permittee has previously held a valid sea cucumber
permit for any four permit years and landed at least 100 pounds of
sea cucumbers in each of those permit years, as documented by landing
receipts with the name of the permittee shown on the receipts.
   (b) A sea cucumber permit may be transferred only to a person who
has a valid commercial fishing license issued pursuant to Section
7852, that has not been suspended or revoked. A sea cucumber permit
shall not be transferred to a person who has had a sea cucumber
permit suspended or revoked while the suspension or revocation is in
effect.
   (c) An application for transfer shall be submitted to the
department, with reasonable proof as the department may require to
establish the qualifications of the permitholder and the person the
permit is to be transferred to, accompanied by payment to the
department of a nonrefundable transfer fee of two hundred dollars
($200). The transfer shall take effect on the date notice of approval
of the application is given to the transferee by the department.
   (d) A sea cucumber trawl permit may be transferred to a qualified
person as provided in subdivisions (b) and (c) to take sea cucumbers
by diving or by use of trawl nets. A sea cucumber dive permit may be
transferred to a qualified person as provided in subdivisions (b) and
(c) only to take sea cucumbers by diving. The transferee shall
specify the gear type, either trawl or dive, that the transferee
intends to use to take sea cucumbers. The gear type of the sea
cucumber permit, either trawl or dive, shall not be transferable.
   (e) Upon the death of a sea cucumber permitholder, the deceased
person's sea cucumber dive or trawl permit may be transferred by his
or her heirs, assignees, or estate to a qualified person as provided
in this section and upon payment of the fee described in subdivision
(c).
   SEC. 2.    Section 12025 of the   Fish and
Game Code   is amended to read: 
   12025.  (a) In addition to any penalties imposed by any other law,
a person found to have violated Section 1602, 5650, or 5652 in
connection with the production or cultivation of a controlled
substance on land  within the respective jurisdiction
  under the management  of the Department of Parks
and Recreation, the Department of Fish and  Game 
 Wildlife  , the Department of Forestry and Fire Protection,
the State Lands Commission, a regional park district, the United
States Forest Service, or the Bureau of Land Management, or within
the respective ownership of a timberland production zone, as defined
in Chapter 6.7 (commencing with Section 51100) of Division 1 of Title
5 of the Government Code, of more than 50,000 acres, shall be liable
for a civil penalty in the following amounts:
   (1) A person who violates Section 1602 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than ten thousand dollars ($10,000) for
each violation.
   (2) A person who violates Section 5650 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than forty thousand dollars ($40,000) for
each violation.
   (3) A person who violates Section 5652 in connection with the
production or cultivation of a controlled substance is subject to a
civil penalty of not more than forty thousand dollars ($40,000) for
each violation.
   (b) The civil penalty imposed for each separate violation pursuant
to this section is in addition to any other civil penalty imposed
for another violation of this section, or any violation of any other
law.
   (c) All civil penalties collected for a separate violation
pursuant to this section shall not be considered to be fines or
forfeitures, as described in Section 13003, and shall be apportioned
in the following manner:
   (1) Thirty percent shall be distributed to the county in which the
violation was committed pursuant to Section 13003. The county board
of supervisors shall first use any revenues from those penalties to
reimburse the costs incurred by the district attorney or city
attorney in investigating and prosecuting the violation.
   (2) Thirty percent shall be distributed to the investigating
agency to be used to reimburse the cost of any investigation directly
related to the violations described in this section.
   (3) Forty percent shall be distributed to the agency performing
the cleanup or abatement of the cultivation or production site for
the reimbursement for all reasonable costs associated with the
cleanup or abatement.
   (d) For  the  purposes of this section,
"controlled substance" has the same meaning as defined in Section
11007 of the Health and Safety Code.
   SEC. 2.   SEC. 3.   Section 607 of the
Public Resources Code is amended to read:
   607.  The work of the department shall be divided into at least
the following:
   (a) California Geological Survey.
   (b) Division of Oil, Gas, and Geothermal Resources.
   (c) Division of Land Resource Protection.
   (d) Office of Mine Reclamation.
   SEC. 3.   SEC. 4.   Section 2774 of the
Public Resources Code is amended to read:
   2774.  (a) Every lead agency shall adopt ordinances in accordance
with state policy that establish procedures for the review and
approval of reclamation plans and financial assurances and the
issuance of a permit to conduct surface mining operations, except
that any lead agency without an active surface mining operation in
its jurisdiction may defer adopting an implementing ordinance until
the filing of a permit application. The ordinances shall establish
procedures requiring at least one public hearing and shall be
periodically reviewed by the lead agency and revised, as necessary,
to ensure that the ordinances continue to be in accordance with state
policy.
   (b) The lead agency shall conduct an inspection of a surface
mining operation within six months of receipt by the lead agency of
the surface mining operation's report submitted pursuant to Section
2207, solely to determine whether the surface mining operation is in
compliance with this chapter. In no event shall a lead agency inspect
a surface mining operation less than once in any calendar year. The
lead agency may cause an inspection to be conducted by a state
licensed geologist, state licensed civil engineer, state licensed
landscape architect, or state licensed forester, who is experienced
in land reclamation and who has not been employed by a surface mining
operation within the jurisdiction of the lead agency in any capacity
during the previous 12 months. All inspections shall be conducted
using a form developed by the department and approved by the board
that shall include the professional licensing and disciplinary
information of the person who conducted the inspection. The operator
shall be solely responsible for the reasonable cost of the
inspection. The lead agency shall notify the director within 30 days
of the date of completion of the inspection that the inspection has
been conducted. The notice shall contain a statement regarding the
surface mining operation's compliance with this chapter, shall
include a copy of the completed inspection form, and shall specify
which aspects of the surface mining operations, if any, are
inconsistent with this chapter. If the surface mining operation has a
review of its reclamation plan, financial assurances, or an interim
management plan pending under subdivision (b), (c), (d), or (h) of
Section 2770, or an appeal pending before the board or lead agency
governing body under subdivision (e) or (h) of Section 2770, the
notice shall so indicate. The lead agency shall forward to the
operator a copy of the notice, a copy of the completed inspection
form, and any supporting documentation, including, but not limited
to, any inspection report prepared by the geologist, civil engineer,
landscape architect, or forester, who conducted the inspection.
   (c) Before approving a surface mining operation's reclamation
plan, financial assurances, including existing financial assurances
reviewed by the lead agency pursuant to subdivision (c) of Section
2770, or any amendments, the lead agency shall submit the plan,
assurances, or amendments to the director for review. All
documentation for that submission shall be submitted to the director
at one time. When the lead agency submits a reclamation plan or plan
amendments to the director for review, the lead agency shall also
submit to the director, for use in reviewing the reclamation plan or
plan amendments, information from any related document prepared,
adopted, or certified pursuant to Division 13 (commencing with
Section 21000), and shall submit any other pertinent information. The
lead agency shall certify to the director that the reclamation plan
is in compliance with the applicable requirements of this chapter and
Article 1 (commencing with Section 3500) of Chapter 8 of Division 2
of Title 14 of the California Code of Regulations and the lead agency'
s mining ordinance in effect at the time that the reclamation plan is
submitted to the director for review.
   (d) (1) The director shall have 30 days from the date of receipt
of a reclamation plan or plan amendments submitted pursuant to
subdivision (c), and 45 days from the date of receipt of financial
assurances submitted pursuant to subdivision (c), to prepare written
comments, if the director so chooses. The lead agency shall evaluate
written comments received from the director relating to the
reclamation plan, plan amendments, or financial assurances within a
reasonable amount of time.
   (2) The lead agency shall prepare a written response to the
director's comments describing the disposition of the major issues
raised by the director's comments, and submit the lead agency's
proposed response to the director at least 30 days prior to approval
of the reclamation plan, plan amendment, or financial assurance. The
lead agency's response to the director's comments shall describe
whether the lead agency proposes to adopt the director's comments to
the reclamation plan, plan amendment, or financial assurance. If the
lead agency does not propose to adopt the director's comments, the
lead agency shall specify, in detail, why the lead agency proposes
not to adopt the comments. Copies of any written comments received
and responses prepared by the lead agency shall be forwarded to the
operator. The lead agency shall also give the director at least 30
days' notice of the time, place, and date of the hearing before the
lead agency at which time the reclamation plan, plan amendment, or
financial assurance is scheduled to be approved by the lead agency.
If no hearing is required by this chapter, or by the local ordinance,
or other state law, then the lead agency shall provide 30 days'
notice to the director that it intends to approve the reclamation
plan, plan amendment, or financial assurance. The lead agency shall
send to the director its final response to the director's comments
within 30 days following its approval of the reclamation plan, plan
amendment, or financial assurance during which period the department
retains all powers, duties, and authorities of this chapter.
   (3) To the extent that there is a conflict between the comments of
a trustee agency or a responsible agency that are based on the
agency's statutory or regulatory authority and the comments of other
commenting agencies which are received by the lead agency pursuant to
Division 13 (commencing with Section 21000) regarding a reclamation
plan or plan amendments, the lead agency shall consider only the
comments of the trustee agency or responsible agency.
   (e)  Lead agencies   A lead agency 
shall notify the director of the filing of an application for a
permit to conduct surface mining operations within 30 days of an
application being filed with the lead agency. By July 1, 1991, each
lead agency shall submit to the director for every active or idle
mining operation within its jurisdiction, a copy of the mining permit
required pursuant to Section 2774, and any conditions or amendments
to those permits. By July 1 of each subsequent year, the lead agency
shall submit to the director for each active or idle mining operation
a copy of any permit or reclamation plan amendments, as applicable,
or a statement that there have been no changes during the previous
year. Failure to file with the director the information required
under this section shall be cause for action under Section 2774.4.
   SEC. 4.   SEC. 5.   Section 2790 of the
Public Resources Code is amended to read:
   2790.  After receipt of mineral information from the State
Geologist pursuant to subdivision (d) of Section 2761, the board may,
by regulation adopted after a public hearing, designate specific
geographic areas of the state as areas of statewide or regional
significance and specify the boundaries of the geographic areas. The
designation shall be included as a part of the state policy and shall
indicate the reason for which the particular area designated is of
significance to the state or region, the adverse effects that might
result from premature development of incompatible land uses, the
advantages that might be achieved from extraction of the minerals of
the area, and the specific goals and policies to protect against the
premature incompatible development of the area.
   SEC. 5.   SEC. 6.   Section 30333 of the
Public Resources Code is amended to read:
   30333.  (a) Except as provided in Section 18930 of the Health and
Safety Code, the commission may adopt or amend, by vote of a majority
of the appointed membership of the commission, rules and regulations
to carry out the purposes and provisions of this division, and to
govern procedures of the commission.
   (b) Except as provided in Section 18930 of the Health and Safety
Code and paragraph (3) of subdivision (a) of Section 30620, these
rules and regulations shall be adopted in accordance with the
provisions of Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code. These rules and
regulations shall be consistent with this division and other
applicable law.
   SEC. 7.    Section 30620 of the   Public
Resources Code   is amended to read: 
   30620.  (a) By January 30, 1977, the commission shall, consistent
with this chapter, prepare interim procedures for the submission,
review, and appeal of coastal development permit applications and of
claims of exemption. These procedures shall include, but are not
limited to, all of the following:
   (1) Application and appeal forms.
   (2) Reasonable provisions for notification to the commission and
other interested persons of  any   an 
action taken by a local government pursuant to this chapter, in
sufficient detail to ensure that a preliminary review of that action
for conformity with this chapter can be made.
   (3) Interpretive guidelines designed to assist local governments,
the commission, and persons subject to this chapter in determining
how the policies of this division shall be applied in the coastal
zone prior to the certification  , and through the preparation
and amendment,  of local coastal programs. However, the
guidelines shall not supersede, enlarge, or diminish the powers or
authority of the commission or any other public agency.
   (b) Not later than May 1, 1977, the commission shall, after public
hearing, adopt permanent procedures that include the components
specified in subdivision (a) and shall transmit a copy of those
procedures to each local government within the coastal zone and make
them readily available to the public. The commission may thereafter,
from time to time, and, except in cases of emergency, after public
hearing, modify or adopt additional procedures or guidelines that the
commission determines to be necessary to better carry out the
purposes of this division.
   (c) (1) The commission may require a reasonable filing fee and the
reimbursement of expenses for the processing by the commission of
 any   an  application for a coastal
development permit under this division and, except for local coastal
program submittals, for any other filing, including, but not limited
to, a request for revocation, categorical exclusion, or boundary
adjustment,  that is  submitted for review by the
commission.
   (2) Any coastal development permit fees  that are 
collected by the commission under paragraph (1) shall be deposited in
the Coastal Act Services Fund established pursuant to Section
30620.1. This paragraph does not authorize an increase in fees or
create any new authority on the part of the commission.
   (d) With respect to an appeal of an action taken by a local
government pursuant to Section 30602 or 30603, the executive director
shall, within five working days of receipt of an appeal from a
person other than a member of the commission or a public agency,
determine whether the appeal is patently frivolous. If the executive
director determines that an appeal is patently frivolous, the appeal
shall not be filed unless a filing fee in the amount of three hundred
dollars ($300) is deposited with the commission within five working
days of the receipt of the executive director's determination. If the
commission subsequently finds that the appeal raises a substantial
issue, the filing fee shall be refunded.
   SEC. 8.    Section 2810.2 of the   Vehicle
Code   is amended to read: 
   2810.2.  (a) (1) A peace officer, as described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may stop any vehicle transporting agricultural irrigation supplies
that are in plain view to inspect the bills of lading, shipping, or
delivery papers, or other evidence to determine whether the driver is
in legal possession of the load, if the vehicle is on a rock road or
unpaved road that is located in a county that has elected to
implement this section and the road is located as follows:
   (A) Located  within the respective jurisdiction 
 under the   management  of the Department of Parks
and Recreation, the Department of Fish and  Game 
 Wildlife  , the Department of Forestry and Fire Protection,
the State Lands Commission, a regional park district, the United
States Forest Service, or the Bureau of Land Management.
   (B) Located within the respective ownership of a timberland
production zone, as defined in Chapter 6.7 (commencing with Section
51100) of Division 1 of Title 5 of the Government Code, either that
is larger than 50,000 acres or for which the owner of more than 2,500
acres has given express written permission for a vehicle to be
stopped within that zone pursuant to this section.
   (2) Upon reasonable belief that the driver of the vehicle is not
in legal possession, the law enforcement officer specified in
paragraph (1) shall take custody of the vehicle and load and turn
them over to the custody of the sheriff of the county that has
elected to implement this section where the agricultural irrigation
supplies are apprehended.
   (b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended agricultural irrigation supplies that
were in plain view within the boundaries of public lands under the
 jurisdiction   management  of the entities
listed in subparagraph (A) of paragraph (1) of subdivision (a) or on
a timberland production zone as specified in subparagraph (B) of
paragraph (1) of subdivision (a), and immediately, in cooperation
with the department, proceed with an investigation and its legal
disposition.
   (c) Any expense incurred by the sheriff in the performance of his
or her duties under this section shall be a legal charge against the
county.
   (d) Except as provided in subdivision (e), a peace officer shall
not cause the impoundment of a vehicle at a traffic stop made
pursuant to subdivision (a) if the driver's only offense is a
violation of Section 12500.
   (e) During the conduct of pulling a driver over in accordance with
subdivision (a), if the peace officer encounters a driver who is in
violation of Section 12500, the peace officer shall make a reasonable
attempt to identify the registered owner of the vehicle. If the
registered owner is present, or the peace officer is able to identify
the registered owner and obtain the registered owner's authorization
to release the motor vehicle to a licensed driver during the vehicle
stop, the vehicle shall be released to either the registered owner
of the vehicle if he or she is a licensed driver or to the licensed
driver authorized by the registered owner of the vehicle. If a notice
to appear is issued, the name and the driver's license number of the
licensed driver to whom the vehicle was released pursuant to this
subdivision shall be listed on the officer's copy of the notice to
appear issued to the unlicensed driver. When a vehicle cannot be
released, the vehicle shall be removed pursuant to subdivision (p) of
Section 22651, whether a notice to appear has been issued or not.
   (f) For  the  purposes of this section,
"agricultural irrigation supplies" include agricultural irrigation
water bladder and one-half inch diameter or greater irrigation line.
   (g) This section shall be implemented only in a county where the
board of supervisors adopts a resolution authorizing the enforcement
of this section.