Amended in Assembly June 10, 2013

Amended in Senate April 11, 2013

Senate BillNo. 814


Introduced by Committee on Natural Resources and Water (Senators Pavley (Chair), Cannella, Evans, Fuller, Jackson, Lara, Monning, and Wolk)

February 26, 2013


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 8405.2begin insert and 12025end insert of the Fish and Game Code,begin delete andend delete to amend Sections 607, 2774, 2790,begin delete and 30333end deletebegin insert 30333, and 30620end insert of the Public Resources Code,begin insert and to amend Section 2810.2 of the Vehicle Code,end insert relating to administration ofbegin delete naturalend deletebegin insert publicend insert resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 814, as amended, Committee on Natural Resources and Water. Public resources: administration.

begin delete

Existing

end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law prohibits sea cucumbers from being taken, possessed aboard a boat, or landed by a person for commercial purposes except under a valid sea cucumber permit. Existing law authorizes a sea cucumber permit to be transferred if specified conditions are met, including requiring that an application for transfer be submitted to the Department of Fish and Wildlife and the payment of a transfer fee.

This bill would authorize, upon the death of a sea cucumber permitholder, a sea cucumber permit to be transferred by the permitholder’s heirs, assignees, or estate to a qualified person as specified.

begin insert

(2) Existing law imposes various civil fines and penalties for a violation of specified provisions of the Fish and Game Code in connection with the production or cultivation of a controlled substance, as defined, on land within the jurisdiction of specified state, local, and federal agencies or within the ownership of a timberland production zone, as prescribed.

end insert
begin insert

Existing law also authorizes a peace officer, as described, to stop a vehicle transporting agricultural irrigation supplies, as defined, that are in plain view on a rock road or unpaved road that is located in a county that elects to implement these provisions, and within the jurisdiction of specified state, local, or federal agencies or within the ownership of a timberland production zone and to inspect the bills of lading, shipping, or delivery papers, or other evidence, to determine whether the driver is in legal possession of the load. Existing law authorizes the peace officer, upon reasonable belief that the driver of the vehicle is not in legal possession, to take custody of the vehicle and load and turn them over to the custody of the sheriff of the county in which any of those items are apprehended.

end insert
begin insert

This bill would revise these provisions to instead specify their application to lands under the management of these various state, local, and federal agencies.

end insert
begin insert

(3) Under existing law, the California Coastal Commission is authorized to amend or adopt rules and regulations related to duties of the commission in accordance with specified provisions of law. Existing law requires the commission to prepare interim procedures for coastal development permit applications and claims of exemption, as specified, including interpretive guidelines to determine how policies of the California Coastal Act are applied in the coastal zone prior to the certification of local coastal programs.

end insert
begin insert

This bill would require the interpretive guidelines to also include how the policies are applied through the preparation and amendment of local coastal programs and would make various technical, nonsubstantive changes to these California Coastal Commission provisions.

end insert
begin delete

Under

end delete

begin insert(4)end insertbegin insertend insertbegin insertUnderend insert existing law, the Department of Conservation is divided between various entities, including the Division of Oil, Gas, and Geothermal Resources and the Office of Mine Reclamation. The Surface Mining and Reclamation Act of 1975, administered by the department, prohibits a person, with exceptions, from conducting surface mining operations unless, among other things, a reclamation plan is submitted to and approved by the lead agency for the operation. The act requires every lead agency to adopt ordinances that establish procedures for the review and approval of reclamation plans, and, before approving a reclamation plan, to submit the plan to the Director of Conservation. The act also authorizes the State Mining and Geology Board to designate specific geographic areas of the state as areas of statewide or regional significance, as specified.

begin delete

Under existing law, the California Coastal Commission is authorized to amend or adopt rules and regulations related to duties of the commission in accordance with specified provisions of law.

end delete

This bill would make technical, nonsubstantive changes to these Department of Conservationbegin delete and California Coastal Commissionend delete provisions.

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

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

P3    1

SECTION 1.  

Section 8405.2 of the Fish and Game Code is
2amended to read:

3

8405.2.  

(a) A sea cucumber permit may be transferred by the
4permittee if the permittee has previously held a valid sea cucumber
5permit for any four permit years and landed at least 100 pounds
6of sea cucumbers in each of those permit years, as documented by
7landing receipts with the name of the permittee shown on the
8receipts.

9(b) A sea cucumber permit may be transferred only to a person
10who has a valid commercial fishing license issued pursuant to
11Section 7852, that has not been suspended or revoked. A sea
12cucumber permit shall not be transferred to a person who has had
13a sea cucumber permit suspended or revoked while the suspension
14or revocation is in effect.

15(c) An application for transfer shall be submitted to the
16department, with reasonable proof as the department may require
17to establish the qualifications of the permitholder and the person
18the permit is to be transferred to, accompanied by payment to the
19department of a nonrefundable transfer fee of two hundred dollars
20($200). The transfer shall take effect on the date notice of approval
21of the application is given to the transferee by the department.

22(d) A sea cucumber trawl permit may be transferred to a
23 qualified person as provided in subdivisions (b) and (c) to take sea
P4    1cucumbers by diving or by use of trawl nets. A sea cucumber dive
2permit may be transferred to a qualified person as provided in
3subdivisions (b) and (c) only to take sea cucumbers by diving. The
4transferee shall specify the gear type, either trawl or dive, that the
5transferee intends to use to take sea cucumbers. The gear type of
6the sea cucumber permit, either trawl or dive, shall not be
7transferable.

8(e) Upon the death of a sea cucumber permitholder, the deceased
9person’s sea cucumber dive or trawl permit may be transferred by
10his or her heirs, assignees, or estate to a qualified person as
11provided in this section and upon payment of the fee described in
12subdivision (c).

13begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 12025 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
14to read:end insert

15

12025.  

(a) In addition to any penalties imposed by any other
16law, a person found to have violated Section 1602, 5650, or 5652
17in connection with the production or cultivation of a controlled
18substance on landbegin delete within the respective jurisdictionend deletebegin insert under the
19managementend insert
of the Department of Parks and Recreation, the
20Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert, the Department of Forestry
21and Fire Protection, the State Lands Commission, a regional park
22district, the United States Forest Service, or the Bureau of Land
23Management, or within the respective ownership of a timberland
24production zone, as defined in Chapter 6.7 (commencing with
25Section 51100) of Division 1 of Title 5 of the Government Code,
26of more than 50,000 acres, shall be liable for a civil penalty in the
27following amounts:

28(1) A person who violates Section 1602 in connection with the
29production or cultivation of a controlled substance is subject to a
30civil penalty of not more than ten thousand dollars ($10,000) for
31each violation.

32(2) A person who violates Section 5650 in connection with the
33production or cultivation of a controlled substance is subject to a
34civil penalty of not more than forty thousand dollars ($40,000) for
35each violation.

36(3) A person who violates Section 5652 in connection with the
37production or cultivation of a controlled substance is subject to a
38civil penalty of not more than forty thousand dollars ($40,000) for
39each violation.

P5    1(b) The civil penalty imposed for each separate violation
2pursuant to this section is in addition to any other civil penalty
3imposed for another violation of this section, or any violation of
4any other law.

5(c) All civil penalties collected for a separate violation pursuant
6to this section shall not be considered to be fines or forfeitures, as
7described in Section 13003, and shall be apportioned in the
8following manner:

9(1) Thirty percent shall be distributed to the county in which
10the violation was committed pursuant to Section 13003. The county
11board of supervisors shall first use any revenues from those
12penalties to reimburse the costs incurred by the district attorney
13or city attorney in investigating and prosecuting the violation.

14(2) Thirty percent shall be distributed to the investigating agency
15to be used to reimburse the cost of any investigation directly related
16to the violations described in this section.

17(3) Forty percent shall be distributed to the agency performing
18the cleanup or abatement of the cultivation or production site for
19the reimbursement for all reasonable costs associated with the
20cleanup or abatement.

21(d) Forbegin delete theend delete purposes of this section, “controlled substance” has
22the same meaning as defined in Section 11007 of the Health and
23Safety Code.

24

begin deleteSEC. 2.end delete
25begin insertSEC. 3.end insert  

Section 607 of the Public Resources Code is amended
26to read:

27

607.  

The work of the department shall be divided into at least
28the following:

29(a) California Geological Survey.

30(b) Division of Oil, Gas, and Geothermal Resources.

31(c) Division of Land Resource Protection.

32(d) Office of Mine Reclamation.

33

begin deleteSEC. 3.end delete
34begin insertSEC. 4.end insert  

Section 2774 of the Public Resources Code is amended
35to read:

36

2774.  

(a) Every lead agency shall adopt ordinances in
37accordance with state policy that establish procedures for the
38review and approval of reclamation plans and financial assurances
39and the issuance of a permit to conduct surface mining operations,
40except that any lead agency without an active surface mining
P6    1operation in its jurisdiction may defer adopting an implementing
2ordinance until the filing of a permit application. The ordinances
3shall establish procedures requiring at least one public hearing and
4shall be periodically reviewed by the lead agency and revised, as
5necessary, to ensure that the ordinances continue to be in
6accordance with state policy.

7(b) The lead agency shall conduct an inspection of a surface
8mining operation within six months of receipt by the lead agency
9of the surface mining operation’s report submitted pursuant to
10Section 2207, solely to determine whether the surface mining
11operation is in compliance with this chapter. In no event shall a
12lead agency inspect a surface mining operation less than once in
13any calendar year. The lead agency may cause an inspection to be
14conducted by a state licensed geologist, state licensed civil
15engineer, state licensed landscape architect, or state licensed
16forester, who is experienced in land reclamation and who has not
17been employed by a surface mining operation within the
18jurisdiction of the lead agency in any capacity during the previous
1912 months. All inspections shall be conducted using a form
20developed by the department and approved by the board that shall
21include the professional licensing and disciplinary information of
22the person who conducted the inspection. The operator shall be
23solely responsible for the reasonable cost of the inspection. The
24lead agency shall notify the director within 30 days of the date of
25completion of the inspection that the inspection has been
26conducted. The notice shall contain a statement regarding the
27surface mining operation’s compliance with this chapter, shall
28include a copy of the completed inspection form, and shall specify
29which aspects of the surface mining operations, if any, are
30inconsistent with this chapter. If the surface mining operation has
31a review of its reclamation plan, financial assurances, or an interim
32management plan pending under subdivision (b), (c), (d), or (h)
33of Section 2770, or an appeal pending before the board or lead
34agency governing body under subdivision (e) or (h) of Section
352770, the notice shall so indicate. The lead agency shall forward
36to the operator a copy of the notice, a copy of the completed
37inspection form, and any supporting documentation, including,
38but not limited to, any inspection report prepared by the geologist,
39civil engineer, landscape architect, or forester, who conducted the
40 inspection.

P7    1(c) Before approving a surface mining operation’s reclamation
2plan, financial assurances, including existing financial assurances
3reviewed by the lead agency pursuant to subdivision (c) of Section
42770, or any amendments, the lead agency shall submit the plan,
5assurances, or amendments to the director for review. All
6documentation for that submission shall be submitted to the director
7at one time. When the lead agency submits a reclamation plan or
8plan amendments to the director for review, the lead agency shall
9also submit to the director, for use in reviewing the reclamation
10plan or plan amendments, information from any related document
11prepared, adopted, or certified pursuant to Division 13
12(commencing with Section 21000), and shall submit any other
13pertinent information. The lead agency shall certify to the director
14that the reclamation plan is in compliance with the applicable
15requirements of this chapter and Article 1 (commencing with
16Section 3500) of Chapter 8 of Division 2 of Title 14 of the
17California Code of Regulations and the lead agency’s mining
18ordinance in effect at the time that the reclamation plan is submitted
19to the director for review.

20(d) (1) The director shall have 30 days from the date of receipt
21of a reclamation plan or plan amendments submitted pursuant to
22subdivision (c), and 45 days from the date of receipt of financial
23assurances submitted pursuant to subdivision (c), to prepare written
24comments, if the director so chooses. The lead agency shall
25evaluate written comments received from the director relating to
26the reclamation plan, plan amendments, or financial assurances
27within a reasonable amount of time.

28(2) The lead agency shall prepare a written response to the
29director’s comments describing the disposition of the major issues
30raised by the director’s comments, and submit the lead agency’s
31proposed response to the director at least 30 days prior to approval
32of the reclamation plan, plan amendment, or financial assurance.
33The lead agency’s response to the director’s comments shall
34describe whether the lead agency proposes to adopt the director’s
35comments to the reclamation plan, plan amendment, or financial
36assurance. If the lead agency does not propose to adopt the
37director’s comments, the lead agency shall specify, in detail, why
38the lead agency proposes not to adopt the comments. Copies of
39any written comments received and responses prepared by the lead
40agency shall be forwarded to the operator. The lead agency shall
P8    1also give the director at least 30 days’ notice of the time, place,
2and date of the hearing before the lead agency at which time the
3reclamation plan, plan amendment, or financial assurance is
4scheduled to be approved by the lead agency. If no hearing is
5required by this chapter, or by the local ordinance, or other state
6law, then the lead agency shall provide 30 days’ notice to the
7director that it intends to approve the reclamation plan, plan
8amendment, or financial assurance. The lead agency shall send to
9the director its final response to the director’s comments within
1030 days following its approval of the reclamation plan, plan
11amendment, or financial assurance during which period the
12department retains all powers, duties, and authorities of this
13chapter.

14(3) To the extent that there is a conflict between the comments
15of a trustee agency or a responsible agency that are based on the
16agency’s statutory or regulatory authority and the comments of
17other commenting agencies which are received by the lead agency
18pursuant to Division 13 (commencing with Section 21000)
19regarding a reclamation plan or plan amendments, the lead agency
20shall consider only the comments of the trustee agency or
21responsible agency.

22(e) begin deleteLead agencies end deletebegin insertA lead agency end insertshall notify the director of the
23filing of an application for a permit to conduct surface mining
24operations within 30 days of an application being filed with the
25lead agency. By July 1, 1991, each lead agency shall submit to the
26director for every active or idle mining operation within its
27jurisdiction, a copy of the mining permit required pursuant to
28Section 2774, and any conditions or amendments to those permits.
29By July 1 of each subsequent year, the lead agency shall submit
30to the director for each active or idle mining operation a copy of
31any permit or reclamation plan amendments, as applicable, or a
32statement that there have been no changes during the previous
33year. Failure to file with the director the information required under
34this section shall be cause for action under Section 2774.4.

35

begin deleteSEC. 4.end delete
36begin insertSEC. 5.end insert  

Section 2790 of the Public Resources Code is amended
37to read:

38

2790.  

After receipt of mineral information from the State
39Geologist pursuant to subdivision (d) of Section 2761, the board
40may, by regulation adopted after a public hearing, designate
P9    1specific geographic areas of the state as areas of statewide or
2regional significance and specify the boundaries of the geographic
3areas. The designation shall be included as a part of the state policy
4and shall indicate the reason for which the particular area
5designated is of significance to the state or region, the adverse
6effects that might result from premature development of
7incompatible land uses, the advantages that might be achieved
8from extraction of the minerals of the area, and the specific goals
9and policies to protect against the premature incompatible
10development of the area.

11

begin deleteSEC. 5.end delete
12begin insertSEC. 6.end insert  

Section 30333 of the Public Resources Code is
13amended to read:

14

30333.  

(a) Except as provided in Section 18930 of the Health
15and Safety Code, the commission may adopt or amend, by vote of
16a majority of the appointed membership of the commission, rules
17and regulations to carry out the purposes and provisions of this
18division, and to govern procedures of the commission.

19(b) Except as provided in Section 18930 of the Health and Safety
20Code and paragraph (3) of subdivision (a) of Section 30620, these
21rules and regulations shall be adopted in accordance with the
22provisions of Chapter 3.5 (commencing with Section 11340) of
23Part 1 of Division 3 of Title 2 of the Government Code. These
24rules and regulations shall be consistent with this division and
25other applicable law.

26begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 30620 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
27amended to read:end insert

28

30620.  

(a) By January 30, 1977, the commission shall,
29consistent with this chapter, prepare interim procedures for the
30submission, review, and appeal of coastal development permit
31applications and of claims of exemption. These procedures shall
32include, but are not limited to, all of the following:

33(1) Application and appeal forms.

34(2) Reasonable provisions for notification to the commission
35and other interested persons ofbegin delete anyend deletebegin insert anend insert action taken by a local
36government pursuant to this chapter, in sufficient detail to ensure
37that a preliminary review of that action for conformity with this
38chapter can be made.

39(3) Interpretive guidelines designed to assist local governments,
40the commission, and persons subject to this chapter in determining
P10   1how the policies of this division shall be applied in the coastal
2zone prior to the certificationbegin insert, and through the preparation and
3amendment,end insert
of local coastal programs. However, the guidelines
4shall not supersede, enlarge, or diminish the powers or authority
5of the commission or any other public agency.

6(b) Not later than May 1, 1977, the commission shall, after
7public hearing, adopt permanent procedures that include the
8components specified in subdivision (a) and shall transmit a copy
9of those procedures to each local government within the coastal
10zone and make them readily available to the public. The
11commission may thereafter, from time to time, and, except in cases
12of emergency, after public hearing, modify or adopt additional
13procedures or guidelines that the commission determines to be
14necessary to better carry out the purposes of this division.

15(c) (1) The commission may require a reasonable filing fee and
16the reimbursement of expenses for the processing by the
17commission ofbegin delete anyend deletebegin insert anend insert application for a coastal development permit
18under this division and, except for local coastal program submittals,
19for any other filing, including, but not limited to, a request for
20revocation, categorical exclusion, or boundary adjustment,begin insert that isend insert
21 submitted for review by the commission.

22(2) Any coastal development permit feesbegin insert that areend insert collected by
23the commission under paragraph (1) shall be deposited in the
24Coastal Act Services Fund established pursuant to Section 30620.1.
25This paragraph does not authorize an increase in fees or create any
26new authority on the part of the commission.

27(d) With respect to an appeal of an action taken by a local
28government pursuant to Section 30602 or 30603, the executive
29director shall, within five working days of receipt of an appeal
30from a person other than a member of the commission or a public
31agency, determine whether the appeal is patently frivolous. If the
32executive director determines that an appeal is patently frivolous,
33the appeal shall not be filed unless a filing fee in the amount of
34three hundred dollars ($300) is deposited with the commission
35within five working days of the receipt of the executive director’s
36determination. If the commission subsequently finds that the appeal
37 raises a substantial issue, the filing fee shall be refunded.

38begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 2810.2 of the end insertbegin insertVehicle Codeend insertbegin insert is amended to read:end insert

39

2810.2.  

(a) (1) A peace officer, as described in Chapter 4.5
40(commencing with Section 830) of Title 3 of Part 2 of the Penal
P11   1Code, may stop any vehicle transporting agricultural irrigation
2supplies that are in plain view to inspect the bills of lading,
3shipping, or delivery papers, or other evidence to determine
4whether the driver is in legal possession of the load, if the vehicle
5is on a rock road or unpaved road that is located in a county that
6has elected to implement this section and the road is located as
7follows:

8(A) Locatedbegin delete within the respective jurisdictionend deletebegin insert under the
9 managementend insert
of the Department of Parks and Recreation, the
10Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert, the Department of Forestry
11and Fire Protection, the State Lands Commission, a regional park
12district, the United States Forest Service, or the Bureau of Land
13Management.

14(B) Located within the respective ownership of a timberland
15production zone, as defined in Chapter 6.7 (commencing with
16Section 51100) of Division 1 of Title 5 of the Government Code,
17either that is larger than 50,000 acres or for which the owner of
18more than 2,500 acres has given express written permission for a
19vehicle to be stopped within that zone pursuant to this section.

20(2) Upon reasonable belief that the driver of the vehicle is not
21in legal possession, the law enforcement officer specified in
22paragraph (1) shall take custody of the vehicle and load and turn
23them over to the custody of the sheriff of the county that has elected
24to implement this section where the agricultural irrigation supplies
25are apprehended.

26(b) The sheriff shall receive and provide for the care and
27safekeeping of the apprehended agricultural irrigation supplies
28that were in plain view within the boundaries of public lands under
29thebegin delete jurisdictionend deletebegin insert managementend insert of the entities listed in subparagraph
30(A) of paragraph (1) of subdivision (a) or on a timberland
31production zone as specified in subparagraph (B) of paragraph (1)
32of subdivision (a), and immediately, in cooperation with the
33 department, proceed with an investigation and its legal disposition.

34(c) Any expense incurred by the sheriff in the performance of
35his or her duties under this section shall be a legal charge against
36the county.

37(d) Except as provided in subdivision (e), a peace officer shall
38not cause the impoundment of a vehicle at a traffic stop made
39pursuant to subdivision (a) if the driver’s only offense is a violation
40of Section 12500.

P12   1(e) During the conduct of pulling a driver over in accordance
2with subdivision (a), if the peace officer encounters a driver who
3is in violation of Section 12500, the peace officer shall make a
4reasonable attempt to identify the registered owner of the vehicle.
5If the registered owner is present, or the peace officer is able to
6identify the registered owner and obtain the registered owner’s
7 authorization to release the motor vehicle to a licensed driver
8during the vehicle stop, the vehicle shall be released to either the
9registered owner of the vehicle if he or she is a licensed driver or
10to the licensed driver authorized by the registered owner of the
11vehicle. If a notice to appear is issued, the name and the driver’s
12license number of the licensed driver to whom the vehicle was
13released pursuant to this subdivision shall be listed on the officer’s
14copy of the notice to appear issued to the unlicensed driver. When
15a vehicle cannot be released, the vehicle shall be removed pursuant
16to subdivision (p) of Section 22651, whether a notice to appear
17has been issued or not.

18(f) Forbegin delete theend delete purposes of this section, “agricultural irrigation
19supplies” include agricultural irrigation water bladder and one-half
20inch diameter or greater irrigation line.

21(g) This section shall be implemented only in a county where
22the board of supervisors adopts a resolution authorizing the
23enforcement of this section.



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