BILL NUMBER: AB 1101 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Duvall
FEBRUARY 27, 2009
An act to amend Section 1050 1605 of
the Fish and Game Code, relating to the Department of Fish and Game.
LEGISLATIVE COUNSEL'S DIGEST
AB 1101, as amended, Duvall. Department of Fish and Game:
licenses and other entitlements. Department of Fish
and Game: lake and streambed alteration agreements.
Existing law prohibits a person, state or local governmental
agency, or a public utility, 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 depositing or disposing of debris, waste, or other material
containing crumbled, flaked, or ground pavement where it may pass
into any river, stream, or lake, unless prescribed requirements are
met, including written notification to the Department of Fish and
Game regarding the activity. Existing law requires the department to
determine whether the activity may substantially adversely affect an
existing fish and wildlife resource and, if so, to provide a draft
lake or streambed alteration agreement to the person, agency, or
utility.
Existing law prescribes various requirements for lake and
streambed alteration agreements and generally prohibits the term of
an agreement from exceeding 5 years. Existing law authorizes the
department to issue an agreement for a term of longer than 5 years if
prescribed conditions are satisfied and prohibits the department
from extending an agreement for more than 5 years. Existing law
authorizes time periods related to lake and streambed alteration
agreements to be extended by mutual agreement.
This bill would additionally provide for the issuance of a lake or
streambed alteration agreement for a term longer than 5 years, and
the extension of the term of a lake or streambed alteration agreement
for more than 5 years, by mutual agreement.
Existing law requires that all licenses, permits, tags,
reservations, and other entitlements authorized by the Fish and Game
Code be prepared and issued by the Department of Fish and Game.
This bill would make technical, nonsubstantive changes to that
provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1605 of the Fish and
Game Code is amended to read:
1605. (a) (1) Except as otherwise provided in this section, the
term of an agreement shall not exceed five years.
(2) Notwithstanding paragraph (1), after the agreement expires,
the entity shall remain responsible for implementing any mitigation
or other measures specified in the agreement to protect fish and
wildlife resources.
(b) Any entity may request one extension of a previously-approved
agreement, if the entity requests the extension prior to the
expiration of its original term. The department shall grant the
extension unless it determines that the agreement requires
modification because the measures contained in the agreement no
longer protect the fish and wildlife resources that the activity may
substantially adversely affect. In the event
If the department makes that determination, the department
shall propose measures intended to protect those resources.
(c) If the entity disagrees with the department's determination
that the agreement requires modification to protect fish and wildlife
resources , or with the measures proposed by the
department, the disagreement shall be resolved pursuant to the
procedures described in subdivision (b) of Section 1603.
(d) The department may shall not
extend an agreement for more than five years , except by mutual
agreem ent pursuant to Section 1607 .
(e) (1) An original agreement shall remain in effect until the
department grants the extension request, or new measures are imposed
to protect fish and wildlife resources by agreement or through the
arbitration process.
(2) Notwithstanding paragraph (1), an original agreement
may shall not remain in effect for more than one
year after its expiration date.
(f) If the entity fails to submit a request to extend an agreement
prior to its expiration, the entity shall submit a new notification
before commencing or continuing the activity covered by the
agreement.
(g) Notwithstanding paragraph (1) of subdivision (a), the
department may issue an agreement, that otherwise meets the
requirements of this chapter, for a term longer than five years
either by mutual agreement pursuant to Section 1607 or if the
following conditions are satisfied:
(1) The information the entity provides to the department in its
notification meets the requirements of paragraph (1) of subdivision
(a) of Section 1602.
(2) The entity agrees to provide a status report to the department
every four years. The status report shall be delivered to the
department no later than 90 days prior to the end of each four-year
period, and shall include all of the following information:
(A) A copy of the original agreement.
(B) The status of the activity covered by the agreement.
(C) An evaluation of the success or failure of the measures in the
agreement to protect the fish and wildlife resources that the
activity may substantially adversely affect.
(D) A discussion of any factors that could increase the predicted
adverse impacts on fish and wildlife resources, and a description of
the resources that may be adversely affected.
(3) The department shall review the four-year status report, and
conduct an onsite inspection to confirm that the entity is in
compliance with the agreement and that the measures in the agreement
continue to protect the fish and wildlife resources. If the
department determines that the measures in the agreement no longer
protect the fish and wildlife resources that are being substantially
adversely affected by the activity, the department, in consultation
with the entity, and within 45 days of receipt of the report, shall
impose one or more new measures to protect the fish and wildlife
resources affected by the activity. If requested to do so by the
entity, the department shall make available the information upon
which it determined the agreement no longer protects the affected
fish and wildlife resources. If the entity disagrees with one or more
of the new measures, within seven days of receiving the new
measures, it shall notify the department, in writing, of the
disagreement. The entity and the department shall consult regarding
the disagreement. The consultation shall be completed within seven
days after the department receives the entity's notice of
disagreement. If the department and entity fail to reach agreement,
the entity may request, in writing, the appointment of a panel of
arbitrators to resolve the disagreement. The panel of arbitrators
shall be appointed within 14 days of the completed consultation. The
panel of arbitrators shall issue a decision within 14 days of the
date it is established. All other provisions of subdivision (b) of
Section 1603 regarding the panel shall apply to any arbitration panel
established in accordance with this subdivision
paragraph . If the entity fails to provide timely status
reports as required by this subdivision, the department may suspend
or revoke the agreement.
(4) The agreement shall authorize department employees to conduct
onsite inspections relevant to the agreement, upon reasonable notice.
Nothing in this section limits the authority of department employees
to inspect private or public sites.
(5) Except as provided in paragraph (3), subparagraph (D) of
paragraph (4) of subdivision (a) of Section 1602 and the time periods
to process agreements specified in this chapter do not apply to
agreements issued pursuant to this section.
(h) Each region of the department shall log the notifications of
activities for which a long-term agreement is being considered
pursuant to subdivision (g). 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 paragraph
subdivision may be renewed annually.
SECTION 1. Section 1050 of the Fish and Game
Code is amended to read:
1050. (a) All licenses, permits, tags, reservations, and other
entitlements authorized by this code shall be prepared and issued by
the department.
(b) The commission shall determine the form of all licenses,
permits, tags, reservations, and other entitlements and the method of
carrying and displaying all licenses, and may require and prescribe
the form of applications therefor and the form of any contrivance to
be used in connection therewith.
(c) Whenever any provision of this code provides for a license,
permit, tag, reservation, application, or other entitlement, the
commission, in accordance with the provision, shall prescribe the
terms and conditions under which the license, permit, tag,
reservation, application, or other entitlement shall be issued and
the department shall issue the license, permit, tag, reservation,
application, or other entitlement in accordance therewith and with
the applicable provisions of law.
(d) Whenever this code does not specify whether a fee is to be
collected, or does not specify the amount of a fee to be collected
for the issuance of any license, permit, tag, reservation,
application, or other entitlement, the commission may establish a fee
or the amount thereof by regulation. The commission also may provide
for the change in the amount of the fee in accordance with Section
713. However, a fee shall not exceed the reasonable costs incurred by
the department in implementing and administering the program or
activity to which the license, permit, tag, reservation, application,
or other entitlement is related.
(e) Whenever this code provides for a license, permit, tag,
reservation, or other entitlement, the commission may establish a
nonrefundable application fee, not to exceed seven dollars and fifty
cents ($7.50), that is sufficient to pay the department's costs for
issuing the license, permit, tag, reservation, or other entitlement
and may adjust the application fee in accordance with Section 713.