BILL NUMBER: SB 670 CHAPTERED
BILL TEXT
CHAPTER 62
FILED WITH SECRETARY OF STATE AUGUST 6, 2009
APPROVED BY GOVERNOR AUGUST 5, 2009
PASSED THE SENATE JULY 13, 2009
PASSED THE ASSEMBLY JULY 9, 2009
AMENDED IN ASSEMBLY JUNE 26, 2009
AMENDED IN SENATE MAY 19, 2009
INTRODUCED BY Senator Wiggins
(Principal coauthor: Assembly Member Huffman)
(Coauthor: Senator Wolk)
(Coauthors: Assembly Members Evans and Jones)
FEBRUARY 27, 2009
An act to add Section 5653.1 to the Fish and Game Code, relating
to dredging, and declaring the urgency thereof, to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 670, Wiggins. Vacuum or suction dredge equipment.
Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Game. Under
existing law, it is unlawful to possess a vacuum or suction dredge in
areas, or in or within 100 yards of waters, that are closed to the
use of vacuum or suction dredges. A violation of the permit
requirement is a misdemeanor. The department is authorized to close
areas otherwise open for dredging and for which permits have been
issued if there is an unanticipated water level change and the
department determines that closure is necessary to protect fish and
wildlife resources. Existing law requires the department to adopt
regulations to implement certain of the vacuum or suction dredge
equipment requirements and authorizes the department to issue
regulations with respect to other requirements. Existing law requires
that the regulations be adopted in accordance with the requirements
of the California Environmental Quality Act (CEQA).
CEQA requires a lead agency, as defined, to prepare, or cause to
be prepared by contract, and certify the completion of, an
environmental impact report on a project, as defined, that it
proposes to carry out or approve that may have a significant effect
on the environment, or to adopt a negative declaration if it finds
that the project will not have that effect. The act exempts from its
provisions, among other things, certain types of ministerial projects
proposed to be carried out or approved by public agencies, and
emergency repairs to public service facilities necessary to maintain
service.
This bill would designate the issuance of permits to operate
vacuum or suction dredge equipment to be a project under CEQA, and
would suspend the issuance of permits, and mining pursuant to a
permit, until the department has completed an environmental impact
report for the project as ordered by the court in a specified court
action. The bill would prohibit the use of any vacuum or suction
dredge equipment in any river, stream, or lake, for instream mining
purposes, until the director of the department certifies to the
Secretary of State that (1) the department has completed the
environmental review of its existing vacuum or suction dredge
equipment regulations as ordered by the court, (2) the department has
transmitted for filing with the Secretary of State a certified copy
of new regulations, as necessary, and (3) the new regulations are
operative.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5653.1 is added to the Fish and Game Code, to
read:
5653.1. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until the director certifies to the Secretary of State
that all of the following have occurred:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of new regulations adopted, as necessary, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(c) The Legislature finds and declares that this section, as added
during the 2009-10 Regular Session, applies solely to vacuum and
suction dredging activities conducted for instream mining purposes.
This section does not expand or provide new authority for the
department to close or regulate suction dredging conducted for
regular maintenance of energy or water supply management
infrastructure, flood control, or navigational purposes governed by
other state or federal law.
(d) This section does not prohibit or restrict nonmotorized
recreational mining activities, including panning for gold.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect. The facts constituting the necessity are:
The Legislature finds that suction or vacuum dredge mining results
in various adverse environmental impacts to protected fish species,
the water quality of this state, and the health of the people of this
state, and, in order to protect the environment and the people of
California pending the completion of a court-ordered environmental
review by the Department of Fish and Game and the operation of new
regulations, as necessary, it is necessary that this act take effect
immediately.