Senate BillNo. 753


Introduced by Senator Steinberg

(Coauthors: Assembly Members Dickinson and Pan)

February 22, 2013


An act to amend Section 8709.5 of the Water Code, relating to flood protection.

LEGISLATIVE COUNSEL’S DIGEST

SB 753, as introduced, Steinberg. Central Valley Flood Protection Board: encroachments.

Existing law provides for the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works. Existing law authorizes the board, and the executive officer if delegated that authority, to issue an order directing a person or public agency to cease and desist from undertaking, or threatening to undertake, an activity that may encroach on levees, channels, or other flood control works under the jurisdiction of the board. Existing law requires the cease and desist order to be issued only if the person or public agency has failed to respond in a satisfactory manner to a prescribed notice provided as specified.

This bill would authorize notice to be provided by posting a written notice on the structure or facility that would be the subject of the order.

Existing law provides that a cease and desist order is effective upon its issuance and that copies are required to be served immediately by certified mail upon the person or agency subject to the order.

This bill would authorize service of the cease and desist order by posting the order on the structure or facility that is the subject of the order.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 8709.5 of the Water Code is amended to
2read:

3

8709.5.  

(a) Notwithstanding Section 8709 or 8709.4, if the
4board, or the executive officer if delegated authority by the board,
5determines that any person or public agency has undertaken, or is
6threatening to undertake, any activity that may encroach on levees,
7channels, or other flood control works under the jurisdiction of
8the board, the board or executive officer may issue an order
9directing that person or public agency to cease and desist. The
10order may also be issued to enforce any requirement of a permit
11or any requirement under this part that is subject to the jurisdiction
12of the board.

13(b) begin insert(1)end insertbegin insertend insert The cease and desist order shall be issued only if the
14person or public agency has failed to respond in a satisfactory
15manner tobegin delete anend deletebegin insert any of the following:end insert

16begin insert(A)end insertbegin insertend insertbegin insertAn end insertoral notice given in person or by telephone, followed by
17a writtenbegin delete confirmation , or aend deletebegin insert confirmation.end insert

18begin insert(B)end insertbegin insertend insertbegin insertA end insertwritten notice given by certified mail or hand delivered
19to the landowner or the person performing the activity.begin delete Theend delete

20begin insert(C)end insertbegin insertend insertbegin insert A written notice posted end insertbegin inserton the structure or facility that
21would be the subject of the order.end insert

22begin insert(2)end insertbegin insertend insertbegin insertThe end insertnotice shall include the following:

begin delete

23(1)

end delete

24begin insert(Aend insertbegin insert)end insert A description of the activity that meets the criteria of
25subdivision (a) of Section 8709.4 or a statement that the described
26activity constitutes an encroachment that is in violation of this
27article because it is not authorized by a valid permit.

begin delete

28(2)

end delete

29begin insert(end insertbegin insertB)end insert A statement that the described activity shall immediately
30cease or the alleged violator may receive a cease and desist order,
31the violation of which may subject the violator to fines or penalties.

begin delete

32(3)

end delete

33begin insert(end insertbegin insertC)end insert The name, address, and telephone number of the staff
34member who is to be contacted for further information.

35(c) The cease and desist order may be subject to terms and
36conditions as the board or the executive officer may determine are
37necessary to avoid an unreasonable impact on public safety.

P3    1(d) The cease and desist order shall be effective upon its
2issuance, and copies shall be served immediately by certified mail
3upon the person or agency subject to the orderbegin insert or by posting the
4order on the structure or facility that is the subject of the orderend insert
.



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