BILL NUMBER: SB 889	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Aanestad
   (Coauthors: Senators Ashburn, Cogdill, Cox, Dutton, and Runner)
   (Coauthors: Assembly Members Gaines, Logue, and Nielsen)

                        JANUARY 21, 2010

   An act to add Section 5653.2 to the Fish and Game Code, relating
to fish and wildlife, and declaring the urgency thereof, to take
effect immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 889, as introduced, Aanestad. Vacuum or suction dredge
equipment: permits: refund.
   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. Existing
law designates the issuance of permits to operate vacuum or suction
dredge equipment to be a project under the California Environmental
Quality Act (CEQA), and suspends 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. Existing law prohibits the use of any
vacuum or suction dredge equipment in any river, stream, or lake, for
instream mining purposes, until the Director of Fish and Game
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 require the department, upon request, to refund
the amount of the permit fee paid in 2009 by a person issued a vacuum
or suction dredge equipment permit and subject to the latter
prohibition.
    This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 5653.2 is added to the Fish and Game Code, to
read:
   5653.2.  Upon request, the department shall refund the amount of
the permit fee paid in 2009 by a person issued a permit for the use
of vacuum or suction dredge equipment pursuant to Section 5653 and
subject to the prohibition imposed in Section 5653.1.
  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:
   In order to allow the Department of Fish and Game, as soon as
possible, to refund the fees paid in 2009 by instream miners for
vacuum or suction dredge permits rendered unusable by Section 5653.1,
it is necessary for this act to take effect immediately.