BILL NUMBER: SB 753 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 24, 2013
AMENDED IN SENATE APRIL 29, 2013
AMENDED IN SENATE APRIL 18, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Steinberg
(Coauthors: Assembly Members Dickinson and Pan)
FEBRUARY 22, 2013
An act to amend Section 8732 of, to add Section 8579 to, and to
repeal and add Article 6 (commencing with Section 8700) of Chapter 3
of Part 4 of Division 5 of, the Water Code, relating to flood
protection.
LEGISLATIVE COUNSEL'S DIGEST
SB 753, as amended, Steinberg. Central Valley Flood Protection
Board.
(1) 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 to hold a hearing or partial hearing before a committee of one
or more members of the board, or before the general manager or chief
engineer of the board, at any place within the state.
This bill would eliminate the authorization for the board to hold
a hearing before the general manager and would authorize the board to
hold a hearing or partial hearing before a qualified neutral hearing
officer designated by the board president or the executive officer.
(2) Existing law requires specified plans that contemplate the
construction, enlargement, revetment, or alteration of any levee,
embankment, canal, or other excavation in the bed of or along or near
the banks of the Sacramento or San Joaquin Rivers or any of their
tributaries or specified lands to be approved by the board before
construction is commenced.
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. 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 repeal these provisions and provide that it is
unlawful for any person or public agency to interfere with
or with, obstruct the performance of
the maintenance performance, maintenance, or
operation of works or other plans adopted by the board
within the jurisdiction of the board, as specified of,
or otherwise take actions that may adversely affect
facilities of the State Plan of Flood Control, designated floodways,
or streams that are regulated by the board . This bill would
authorize the board board, following notice
and opportunity for a hearing, to order the removal or
modification of an encroachment that was previously issued a permit
by the board if the board makes a specified finding.
This bill would authorize the board, the executive officer, the
department, or certain local agencies to issue a notice of violation,
as specified, if it is determined that any person or public agency
has undertaken, is threatening to undertake, or maintains any
encroachment, flood system, improvement, or activity in
violation of certain provisions. If the board or executive officer
determines that any person or public agency has failed to adequately
respond to a notice of violation, this bill would authorize the board
or executive officer to issue an order directing that person or
public agency to cease and desist, as specified. This bill would
provide require that if the board
determines that any person or public agency has failed to correct a
violation as required in a cease and desist order, the board
may issue shall hold an enforcement hearing and may,
at the conclusion of the hearing, issue an enforcement order,
as prescribed.
This bill would provide the board, executive officer, Department
of Water Resources, and local agencies that operate and maintain
facilities and works on behalf of the board with the authority, as
prescribed, to take administrative or civil enforcement actions to
abate and remedy any interference or potential interference with
these works facilities of the State Plan of
Flood Control, designated floodways, or streams that are regulated by
the board . This bill would establish the Flood Risk
Management Fund in the State Treasury and require all funds received
from these penalties to be paid into the fund and available, upon
appropriation by the Legislature, to be expended by the board to
carry out enforcement of these provisions. The bill would require the
board to adopt emergency regulations necessary to implement these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8579 is added to the Water Code, to read:
8579. (a) Any aggrieved person shall have a right to seek
judicial review of any decision or action of
permit or enforcement order issued by the board,
or the executive officer acting pursuant to delegated authority,
board by filing a petition for a writ of mandate
in accordance with Section 1094.5 of the Code of Civil Procedure,
within 60 30 days after the decision or
action has become final.
(b) For purposes of this section, an "aggrieved person" means
any of the following:
(1) A
any person or public agency that, in person or through a
representative, appeared at a public hearing of the board in
connection with the decision or action appealed
appealed, or that, by other appropriate means before the
decision, informed the board of the nature of their concerns .
(2) A person or public agency that, by other appropriate means
prior to the decision, informed the board of the nature of the person
or public agency's concerns.
(3) A person or public agency that for good cause was unable to
appear, as described in paragraph (1), or inform the board, as
described in paragraph (2).
SEC. 2. Article 6 (commencing with Section 8700) of Chapter 3 of
Part 4 of Division 5 of the Water Code is repealed.
SEC. 3. Article 6 (commencing with Section 8700) is added to
Chapter 3 of Part 4 of Division 5 of the Water Code, to read:
Article 6. Enforcement of Unauthorized Activities and
Encroachments
8700. (a) It is unlawful for any person or
public agency to interfere with or with,
obstruct the performance of the maintenance
performance, maintenance, or operation of works
or other plans adopted by the board within the jurisdiction of the
board, including facilities of the State Plan of Flood Control, if
the state or a political subdivision of the state has given
assurances to the Secretary of the Army pursuant to Article 2
(commencing with Section 8615), that the state or a political
subdivision of the state will maintain and operate works after
completion in accordance with regulations prescribed by the Secretary
of the Army, and any facilities or works constructed as part of an
adopted plan of flood control or areas protected thereto. The
of, or otherwise take actions that may adversely
affect facilities of the State Plan of Flood Control, designated
floodways, or streams that are regulated by the board.
(b) The board, executive officer,
department, and local agencies that operate and maintain facilities
and works on behalf of the board shall have the authority, as set
forth in this article, to take administrative or civil enforcement
actions to abate and remedy any interference or potential
interference with these works. The unlawful interference
proscribed by this article includes, but is not limited to, the
construction of any encroachment or improvement without, or in
violation of, the permits required by this part or the maintenance of
a previously permitted encroachment that is deemed to interfere with
these works pursuant to Section 8702 proscribed in
subdivision (a) .
8701. (a) If the board, board or
the executive officer, or department officer
determines that any person or public agency has undertaken, is
threatening to undertake, or maintains any encroachment, flood
system improvement, or activity in violation of this part, the
board, board or the executive
officer, or department officer may issue a
notice of violation to the person or public agency responsible for
the encroachment encroachment, flood system
improvement, or activity.
(b) A The department or a local
agency that operates and maintains facilities within the
board's jurisdiction may also issue a
notice of violation pursuant to subdivision (a) for facilities
within the board's jurisdiction that the department or local agency
operates and maintains if the board delegates the
local agency that authority. This subdivision shall not
require the department or local agency to accept that
delegation of authority.
(c) A notice of violation shall include all of the following:
(1) A statement describing the activity, failure to act,
flood system improvement, or encroachment that constitutes a
violation of this article article, including
the sections of this part or board regulations that are being
violated .
(2) A statement of whether the activity, flood system
improvement, or encroachment may be eligible for a permit from the
board.
(3) The corrective actions that shall be taken within a specified
time period.
(4) Whether the person or public agency may correct the violation
without obtaining prior approval from the board or executive officer,
or whether prior approval from the board or executive officer must
be obtained prior to taking a corrective action.
(5) A statement that the notice of violation shall be referred to
the board and that the failure to take the requested actions within
the time specified may subject the person or public agency to a cease
and desist order and the imposition of further remedial and
enforcement actions, including, but not limited to, correction of the
violation by the board at the expense of the person
person's or public agency plus fines or
agency's expense and penalties.
(6) The name, address, and telephone number of the state or
local issuing agency that may be
contacted for further information.
(d) The notice of violation shall be served in accordance with
Section 8703 and a copy transmitted to the executive officer within
five business calendar days of its
issuance. The board or the executive officer may amend the notice of
violation, and, once served in accordance with Section 8703, the
amended notice of violation shall supersede any notice of violation
previously issued for the same violation.
8701.2. (a) If the board or executive officer determines that any
person or public agency has failed to adequately respond to a notice
of violation, the board or executive officer may issue an order
directing that the person or public agency to whom the notice of
violation was issued to cease and desist. Nothing
shall prevent the board or executive officer from issuing a cease and
desist order in cases where it deems a notice of violation would not
to be in the best interest of the state.
(b) A cease and desist order shall include a copy of the notice of
violation and shall require that the corrective actions described in
the notice of violation be completed within a specified time period
or the person or public agency shall be subject to an enforcement
order pursuant to Section 8701.4. A cease and desist order shall be
effective upon its issuance and shall be served immediately pursuant
to Section 8703.
(c) (1) A cease and desist order shall allow the person or agency
subject to the order to request a hearing before the board within 30
days of being served with the order.
(2) If a person or public agency subject to a cease and desist
order fails to request a hearing within the time specified in
paragraph (1), the right to a hearing shall be deemed waived and no
hearing shall be required prior to issuance of an enforcement order
pursuant to Section 8701.4.
(d) If a person or public agency subject to a cease and desist
order requests a hearing in accordance with paragraph (1) of
subdivision (c), the board shall hold a public hearing on the cease
and desist order as follows:
(1) Notice of the hearing shall be provided pursuant to Section
8703 and shall include the date, time, and location of the hearing
and a statement that failure to appear at the hearing will constitute
a waiver of the right to a hearing and will result in the entry of a
default enforcement order.
(2) The hearing shall be held pursuant to the provisions of this
part and regulations adopted by the board.
(3) At the conclusion of the hearing, the board may affirm, amend,
or rescind the cease and desist order. If the board affirms or
modifies the cease and desist order and the person or agency subject
to the order fails to complete the corrective actions required in the
cease and desist order, no further hearing shall be required prior
to the issuance of a subsequent enforcement order by the board.
(e) If a person or public agency subject to a cease and desist
order fails to comply with the order and does not request a hearing
in accordance with paragraph (1) of subdivision (c), the cease and
desist order shall be recorded with the appropriate county recorder's
office by the board against the person or public agency's property
associated with the order.
(f) When an enforcement action has been fully resolved, including
the payment of any costs and penalties, the executive officer shall
issue a certificate of abatement to the person or public agency
against whose property the cease and desist order was recorded
pursuant to subdivision (e). That person or public agency may, at the
person or public agency's expense, record the certificate with the
appropriate county recorder's office.
(b) A cease and desist order shall do all of the following:
(1) Include a copy of the notice of violation.
(2) Be effective upon its issuance and served immediately pursuant
to Section 8703.
(3) Require that the corrective actions described in the notice of
violation be completed within a specified time period or the person
or public agency shall be subject to an enforcement order pursuant to
Section 8701.4.
(4) Provide a date, time, and location of a public meeting before
the board at which the person, entity, or public agency may appear to
contest the cease and desist order.
(c) The meeting noticed pursuant to paragraph (4) of subdivision
(b) shall be consistent with all of the following:
(1) The meeting shall be scheduled at least 30 days after issuance
of the cease and desist order and shall be held pursuant to the
provisions of this part and regulations adopted by the board.
(2) At the meeting, the board may affirm, amend, modify, stay, or
rescind the cease and desist order.
(3) If a person or public agency subject to a cease and desist
order fails to appear at the meeting, the cease and desist order may
be approved by default.
8701.4. (a) If the board determines that any person or
public agency has failed to correct a violation as required in a
cease and desist order issued pursuant to Section 8701.2, the board
may issue an enforcement order or executive officer
determines that any person or public agency has failed to
correct a violation as outlined in a cease and desist order, the
board shall hold an enforcement hearing to consider the issuance of
an enforcement order .
(b) An enforcement order may do the following:
(b) The enforcement hearing shall comply with all of the
following:
(1) Notice of the hearing shall be provided at least 30 days
before the hearing is scheduled pursuant to Section 8703, unless it
is determined that the public interest necessitates a shorter notice
period.
(2) Notice of the hearing shall include a proposed enforcement
order, including any proposed administrative penalties.
(3) The hearing shall be held pursuant to the provisions of this
part and regulations adopted by the board.
(4) If the person or public agency subject to the cease and desist
order fails to appear at the hearing, the right to a hearing will be
deemed waived.
(c) At the conclusion of the hearing, the board may approve,
amend, or reject the proposed enforcement order and thereby take any
and all of the following actions:
(1) Order the removal and restoration
removal, modification, or abatement of the encroachment,
flood system improvement, or activity causing a violation of
this part. The board, its contractor, or its designee may
conduct the removal and restoration, the costs of which shall be
collected from the responsible person or public agency by whatever
legal remedy is available, including, but not limited to, the
placement of a lien on the property owned by the person or public
agency responsible for the violation pursuant to Section 8704.2.
(2) Assess and require the payment of administrative penalties as
set forth in Section 8704.
(3) Order the initiation of a civil action by the board in the
name of the state for mandamus, injunction, or other appropriate
remedy authorized by law.
(4) Order any other actions or conditions as the board may
determine are necessary to avoid a potential adverse impact to public
safety or to ensure compliance with this part.
(c) The enforcement order shall be served immediately pursuant to
Section 8703.
(d) A person or public agency against which the board has issued
an enforcement order may seek judicial review of the enforcement
order pursuant to Section 8579. The enforcement order shall be deemed
effective upon issuance, but a removal action shall not be taken by
the board until after the time for judicial review has passed.
(e) This section shall not be construed to authorize the issuance
of an enforcement order against a local public agency undertaking any
lawful activity pursuant to a declaration of emergency by the
governing body of the local public agency or the board of supervisors
of the county in which the activity is being or may be undertaken.
(2) Order the restoration of the site.
(3) Impose and require the payment of administrative penalties as
set forth in Section 8704.
(4) Initiate a civil action in the name of the state for mandamus,
injunction, civil penalties, or other appropriate remedy authorized
by law.
(5) Order any other actions or conditions as the board may
determine are necessary to resolve the violation and ensure
compliance with this part.
(d) The enforcement order shall state any necessary findings and
shall be served immediately pursuant to Section 8703.
(e) A person, entity, or public agency against which the board has
issued an enforcement order may seek judicial review of the
enforcement order pursuant to Section 8579. The enforcement order
shall be deemed effective upon issuance.
(f) If the board orders removal and restoration pursuant to this
part, the board, its contractor, or its designee may conduct the
removal and restoration, the costs of which shall be collected from
the responsible person or public agency by whatever legal remedy is
available, including, but not limited to, the placement of a lien on
the property owned by the person or public agency responsible for the
violation pursuant to Section 8704.2. Removal or restoration actions
shall not be taken by the board until after the time for judicial
review has passed.
(g) This section does not authorize the issuance of an enforcement
order as to any lawful activity undertaken by a public agency
pursuant to Section 8708.
8702. (a) The board board, following
notice and opportunity for a hearing, may order the removal or
modification of an encroachment that was previously issued a permit
by the board if the board makes one of the following findings
based on substantial evidence :
(1) The encroachment presents a threat to the structural integrity
of the levee, channel, flood control work, or other facility of the
State Plan of Flood Control.
(2) The encroachment impairs the functional capability of the
levee, channel, or channel, flood
control work work, or other facility of the
State Plan of Flood Control to fulfill its particular intended
role in the overall flood control plan.
(3) The encroachment is not in conformance with an
adopted plan of flood control, state law, board
regulations, or, in the case of facilities of the State Plan of Flood
Control where the board has given assurances to the United
States , the standards and regulations of the Secretary of
the Army.
(b) Routine maintenance by the board, the executive officer,
or local agencies that operate and maintain facilities and works on
behalf of the board that includes the removal or modification
of abandoned property, fences, gates, and vegetation on the
levee structure and a levee or other flood
control structure shall not be subject to this section.
(c) The removal of previously permitted encroachments shall not be
subject to administrative or civil penalties pursuant to Section
8704 or 8704.1.
8703. Notice and service required by this article shall be
provided to the person or public agency believed to be responsible
for the violation and the owner of the property on which the
violation occurred or is threatened to occur by one of the following
means:
(a) Hand delivery.
(b) Certified mail.
(c) If the person or agency cannot be reached or reasonably
notified pursuant to subdivision (a) or (b), by placing a copy of the
notice or order on the encroachment or property.
8704. (a) Any Civil penalties may be
imposed by a court of competent jurisdiction against any person
or public agency that undertakes an activity, flood system
improvement, or encroachment that is in violation of this part
or that is inconsistent with any permit or cease and desist order
previously issued by the board or executive officer may be
assessed a civil penalty in an amount not greater than fifteen
thousand dollars ($15,000) per day for each day in which the
violation occurs or persists in an amount not less
than five hundred dollars ($500) and not greater than thirty thousand
dollars ($30,000) .
(b) Administrative penalties may be assessed by the board in the
same manner as civil penalties described in subdivision (a) upon
issuance of an enforcement order pursuant to Section 8701.4, but may
not be less than five hundred dollars ($500) or exceed fifty thousand
dollars ($50,000) for a single violation.
(b) In addition to any other penalties, civil penalties may be
imposed by a court of competent jurisdiction against any person or
public agency that intentionally and knowingly undertakes an
activity, flood system improvement, or encroachment that is in
violation of this part or that is inconsistent with any permit or
cease and desist order previously issued by the board or executive
officer in an amount that shall not be less than one thousand dollars
($1,000) or more than fifteen thousand dollars ($15,000) per day for
each day in which the encroachment persists.
(c) In determining the amount of liability pursuant to
subdivisions (a) and (b), the following factors shall be considered:
(1) The nature, circumstance, extent, and gravity of the
violation.
(2) Whether the violation was committed intentionally or
knowingly.
(3)
(2) Whether the violation is susceptible to restoration
or other remedial measures.
(4)
(3) Whether the function of the levee, channel, or
other flood control work is affected by the violation.
(5)
(4) The cost to the state of bringing the action.
(6)
(5) With respect to the person or public agency
responsible for the violation, any voluntary restoration or remedial
measures undertaken, any prior history of violations, the degree of
culpability, economic profits, if any, resulting from, or expected to
result as a consequence of, the violation, and other matters the
board deems relevant.
(d) Any penalties assessed shall be required to be paid within 30
calendar days.
(d) Civil penalties may be imposed by a court of competent
jurisdiction against any person, entity, or public agency that
intentionally or negligently violates any cease and desist order
issued, reissued, or amended by the board, or any restoration order
issued, reissued, or amended by the board in an amount that shall not
exceed six thousand dollars ($6,000) for each day in which that
violation persists. Any actual penalty imposed shall be reasonably
proportionate to the damage suffered as a consequence of the
violation.
(e) A person or public agency shall not be subject to both civil
and administrative penalties for the same violation.
(f) After the time for judicial review pursuant to Section 8579
has passed, the board may apply to the clerk of the appropriate court
in the county in which the administrative penalties were imposed for
a judgment to collect the penalties assessed. The application, which
shall include a certified copy of the board action, constitutes a
sufficient showing to warrant issuance of the judgment. The clerk
shall enter judgment immediately in conformity with the application.
The judgment so entered has the same force and effect, and is subject
to all the provisions of law relating to, a judgment in a civil
action and may be enforced in the same manner as any other judgment
of the court in which it is entered.
(g) After the time for judicial review pursuant to Section 8579
has passed, the board may also recover assessed penalties through a
lien against the property of the person or agency responsible for the
violation pursuant to Section 8704.2.
(h) All funds generated by the imposition of penalties pursuant to
this section shall be deposited into the Flood Risk Management Fund
as set forth in Section 8705.
(i) In addition to the penalties described in this section, any
individual who erects or maintains a violation that is found to be
the proximate cause of a failure of a levee or other flood control
facility shall be liable for additional damages at law, including any
liability that may be incurred by the state.
8704.1. (a) Administrative penalties may be imposed by the board
in the same manner as civil penalties described in Section 8704, upon
an enforcement hearing and issuance of an enforcement order pursuant
to Section 8701.4, but shall not be less than five hundred dollars
($500) or exceed fifty thousand dollars ($50,000) for a single
violation.
(b) In imposing penalties, the board shall express its rationale
for the amount and specifically address the factors listed under
subdivision (c) of Section 8704.
(c) Any penalties imposed shall be paid within 60 days.
(d) A person or public agency shall not be subject to both civil
and administrative penalties for the same violation.
(e) After the time for judicial review pursuant to Section 8579
has passed, the board may apply to the clerk of the appropriate court
in the county in which the administrative penalties were imposed for
a judgment to collect the penalties assessed. The application, which
shall include a certified copy of the board action, constitutes a
sufficient showing to warrant issuance of the judgment. The clerk
shall enter judgment immediately in conformity with the application.
The judgment so entered has the same force and effect, and is subject
to all the provisions of law relating to, a judgment in a civil
action and may be enforced in the same manner as any other judgment
of the court in which it is entered.
8704.2. (a) The board, after providing the opportunity
for a hearing, Pursuant to subdivision (f) of Section
8701.4, the board or the board's designee shall have the
authority to record a lien with the county clerk in the county of
this state where the person person's or
agency's property responsible for the violation is located, to
recover any and all of the following:
(1) Costs incurred in abating, removing, and restoring a
violation, including, but not limited to, costs incurred in seeking
removal, abatement, and restoration pursuant to this part.
(2) Costs incurred in the summary abatement of emergencies.
(3) Civil or administrative penalties assessed pursuant to this
article.
(4)
(3) Attorney's fees associated with actions to enforce
this part.
(b) A lien recorded pursuant to this section shall have the same
force, effect, and priority as a judgment lien.
(c) Before recording a lien, the board shall provide notice and an
opportunity for a hearing to contest the amount of the lien.
(1) Notice shall be provided at least 20 days before the hearing
pursuant to Section 8703.
(2) The hearing required by this section may be satisfied by an
enforcement order hearing pursuant to Section 8701.4 or, in the
summary abatement of emergencies, a hearing pursuant to Section 8708.
8704.4. The remedies provided by this article are not exclusive
of, but shall be concurrent with and in addition to, any other
remedy, penalty, or sanction that may exist by law, civil or
criminal. The board may enforce compliance with the provisions of
this article by mandamus, mandatory injunction, or by any other
appropriate remedy authorized by law. The action or proceeding may be
commenced and maintained by the board in the name of the state.
8705. The Flood Risk Management Fund is hereby established in the
State Treasury. All funds received from penalties pursuant to this
article shall be paid into the fund. Upon appropriation by the
Legislature, the moneys in the fund shall be expended by the board to
carry out enforcement pursuant to this part, including the costs of
the abatement and restoration of violations and recent litigation.
8706. The board may maintain actions in the name of the state to
compel by injunction the owner or owners of any bridge, trestle, wire
line, viaduct, embankment, or other structure or obstruction that
shall be intersected, traversed, or crossed by any bypass, drainage
canal, channel, or overflow channel to construct or alter any
structure in order to offer a minimum of obstruction to the free flow
of water. In the case of existing works, the board may compel the
removal or alteration of structures or obstructions that impede the
free flow of water.
8706.5. Any use of land, right of way, or easement
within the jurisdiction of the board, whether for cultivation,
planting of crops, trees or other vegetation, storage or disposal of
material, or other encroachment upon, improvement of, or use of that
land, right of way, or easement that does or may interfere with or
obstruct operation or maintenance in violation of this part
Any activity that does or may interfere with, obstruct the
performance, maintenance, or operation of, or otherwise adversely
affect facilities of the State Plan of Flood Control, designated
floodways, or streams that are regulated by the board
constitutes a public nuisance, and the board may commence and
maintain a suit in the name of the people of the state for the
prevention or abatement of that nuisance.
8707. If the board or Attorney General prevails in a civil action
to enforce this part, or if a local agency prevails in a civil
action to seek abatement costs under subdivision (b) of Section 8708
or removal or restoration costs as the board's designee under
subdivision (f) of Section 8701.4, the board or
board, Attorney General
General, or local agency shall be awarded attorney's fees and
costs, including, but not limited to, any fees and costs incurred by
its agents.
8708. (a) Nothing in this article shall be construed to prevent
the department, the board, the executive officer, or a
levee-maintaining agency from taking any action to prevent an
imminent failure of a levee, to operate a
channel, floodway, stream bank, or flood control feature, or
to take other emergency action necessary to
protect the public welfare.
(b) To the extent emergency action is required to abate
an action, any aggrieved person that involves the
removal, modification, or abatement of an encroachment, flood system
improvement, or activity maintained by an individual, entity, or
public agency, the individual, entity, or public agency may
request a hearing before the board within 30 days after the action
has been commenced.
(c) After a public hearing, by request or by its own motion, the
entity that has carried out the abatement functions pursuant to this
section may seek reimbursement of its abatement costs and may pursue
any legal remedies available to recover its costs, including imposing
a lien pursuant to Section 8704.2.
8709. The board shall adopt emergency regulations necessary to
implement this article in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. The adoption of emergency regulations shall be
deemed an emergency and necessary for the immediate preservation of
the public peace, health and safety, or general welfare.
SEC. 4. Section 8732 of the Water Code is amended to read:
8732. The board may hold a hearing or partial hearing before a
committee of one or more members of the board, before a qualified
neutral hearing officer designated by the board president, or before
the executive officer or chief engineer of the board, at any place
within the state.