Bill Text: CA SB946 | 2009-2010 | Regular Session | Introduced
Bill Title: Department of Fish and Game: lake or streambed
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-18 - To Com. on RLS. [SB946 Detail]
Download: California-2009-SB946-Introduced.html
BILL NUMBER: SB 946 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cogdill
FEBRUARY 3, 2010
An act to amend Section 1602 of the Fish and Game Code, relating
to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
SB 946, as introduced, Cogdill. Department of Fish and Game: lake
or streambed alteration agreements.
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, without first notifying the Department of
Fish and Game of that activity, and entering into a lake or streambed
alteration agreement if required by the department to protect fish
and wildlife resources.
This bill would make a technical, nonsubstantive change to that
prohibition.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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 may 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) It is unlawful for any person to violate this chapter.
