SB 814, as amended, Committee on Natural Resources and Water. Public resources: administration.
(1) Existing 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.
(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.
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.
This bill would revise these provisions to instead specify their application to lands under the management of these various state, local, and federal agencies.
(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.
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.
(4) Under 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.
This bill would make technical, nonsubstantive changes to these Department of Conservation 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 8405.2 of the Fish and Game Code is
2amended to read:
(a) A sea cucumber permit may be transferred
4by the permittee if the permittee has previously held a valid sea
5cucumber permit for any four permit years and landed at least 100
6pounds of sea cucumbers in each of those permit years, as
7documented by landing receipts with the name of the permittee
8shown on the receipts.
9(b) A sea cucumber permit may be transferred only to a person who has a valid
11commercial fishing license issued pursuant to Section 7852, that
12has not been suspended or revoked. A sea cucumber permit shall
13not be transferred to a person who has had a sea cucumber permit
14suspended or revoked while the suspension or revocation is in
16(c) An application for transfer shall be submitted to the department, with
18reasonable proof as the department may require to establish the
19qualifications of the permitholder and the person the permit is to
20be transferred to, accompanied by payment to the department of
21a nonrefundable transfer fee of two hundred dollars ($200). The
22transfer shall take effect on the date notice of approval of the
23application is given to the transferee by the department.
26(d) A sea cucumber trawl permit may be transferred to a
27 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
4 transferee 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
8(e) Upon the death of a sea cucumber permitholder, the
9deceased person’s sea cucumber dive or trawl permit may be
10transferred by his or her heirs, assignees, or estate to a qualified
11person as provided in
begin delete this section andend delete upon
12payment of the fee described in subdivision
begin delete (c).end delete
Section 12025 of the Fish and Game Code is amended
(a) In addition to any penalties imposed by any other
23law, a person found to have violated Section 1602, 5650, or 5652
24in connection with the production or cultivation of a controlled
25substance on land under the management of the Department of
26Parks and Recreation, the Department of Fish and Wildlife, the
27Department of Forestry and Fire Protection, the State Lands
28Commission, a regional park district, the United States Forest
29Service, or the Bureau of Land Management, or within the
30respective ownership of a timberland production zone, as defined
31in Chapter 6.7 (commencing with Section 51100) of Division 1 of
32Title 5 of the Government Code, of more than 50,000 acres, shall
33be liable for a civil penalty in the following amounts:
34(1) A person who violates Section 1602 in connection with the
35production or cultivation of a controlled substance is subject to a
36civil penalty of not more than ten thousand dollars ($10,000) for
38(2) A person who violates Section 5650 in connection with the
39production or cultivation of a controlled substance is subject to a
P5 1civil penalty of not more than forty thousand dollars ($40,000) for
3(3) A person who violates Section 5652 in connection with the
4production or cultivation of a controlled substance is subject to a
5civil penalty of not more than forty thousand dollars ($40,000) for
7(b) The civil
penalty imposed for each separate violation
8pursuant to this section is in addition to any other civil penalty
9imposed for another violation of this section, or any violation of
10any other law.
11(c) All civil penalties collected for a separate violation pursuant
12to this section shall not be considered to be fines or forfeitures, as
13described in Section 13003, and shall be apportioned in the
15(1) Thirty percent shall be distributed to the county in which
16the violation was committed pursuant to Section 13003. The county
17board of supervisors shall first use any revenues from those
18penalties to reimburse the costs incurred by the district attorney
19or city attorney in investigating and prosecuting the violation.
20(2) Thirty percent shall be distributed to the investigating agency
21to be used to reimburse the cost of any investigation directly related
22to the violations described in this section.
23(3) Forty percent shall be distributed to the agency performing
24the cleanup or abatement of the cultivation or production site for
25the reimbursement for all reasonable costs associated with the
26cleanup or abatement.
27(d) For purposes of this section, “controlled substance” has the
28same meaning as defined in Section 11007 of the Health and Safety
Section 607 of the Public Resources Code is amended
The work of the department shall be divided into at least
34(a) California Geological Survey.
35(b) Division of Oil, Gas, and Geothermal Resources.
36(c) Division of Land Resource Protection.
37(d) Office of Mine Reclamation.
Section 2774 of the Public Resources Code is amended
(a) Every lead agency shall adopt ordinances in
2accordance with state policy that establish procedures for the
3review and approval of reclamation plans and financial assurances
4and the issuance of a permit to conduct surface mining operations,
5except that any lead agency without an active surface mining
6operation in its jurisdiction may defer adopting an implementing
7ordinance until the filing of a permit application. The ordinances
8shall establish procedures requiring at least one public hearing and
9shall be periodically reviewed by the lead agency and revised, as
10necessary, to ensure that the ordinances continue to be in
11accordance with state policy.
12(b) The lead agency shall conduct an inspection of a surface
13mining operation within six months of receipt by the lead agency
14of the surface mining operation’s report submitted pursuant to
15Section 2207, solely to determine whether the surface mining
16operation is in compliance with this chapter. In no event shall a
17lead agency inspect a surface mining operation less than once in
18any calendar year. The lead agency may cause an inspection to be
19conducted by a state licensed geologist, state licensed civil
20engineer, state licensed landscape architect, or state licensed
21forester, who is experienced in land reclamation and who has not
22been employed by a surface mining operation within the
23jurisdiction of the lead agency in any capacity during the previous
2412 months. All inspections shall be conducted using a form
25developed by the department and approved by the board that shall
26include the professional licensing and disciplinary information of
27the person who conducted the inspection. The operator shall be
28solely responsible for the reasonable cost of the inspection. The
29lead agency shall notify the director within 30 days of the date of
30completion of the inspection that the inspection has been
31conducted. The notice shall contain a statement regarding the
32surface mining operation’s compliance with this chapter, shall
33include a copy of the completed inspection form, and shall specify
34which aspects of the surface mining operations, if any, are
35inconsistent with this chapter. If the surface mining operation has
36a review of its reclamation plan, financial assurances, or an interim
37management plan pending under subdivision (b), (c), (d), or (h)
38of Section 2770, or an appeal pending before the board or lead
39agency governing body under subdivision (e) or (h) of Section
402770, the notice shall so indicate. The lead agency shall forward
P7 1to the operator a copy of the notice, a copy of the completed
2inspection form, and any supporting documentation, including,
3but not limited to, any inspection report prepared by the geologist,
4civil engineer, landscape architect, or forester, who conducted the
6(c) Before approving a surface mining operation’s reclamation
7plan, financial assurances, including existing financial assurances
8reviewed by the lead agency pursuant to subdivision (c) of Section
92770, or any amendments, the lead agency shall submit the plan,
10assurances, or amendments to the director for review. All
11documentation for that submission shall be submitted to the director
12at one time. When the lead agency submits a reclamation plan or
13plan amendments to the director for review, the lead agency shall
14also submit to the director, for use in reviewing the reclamation
15plan or plan amendments, information from any related document
16prepared, adopted, or certified pursuant to Division 13
17(commencing with Section 21000), and shall submit any other
18pertinent information. The lead agency shall certify to the director
19that the reclamation plan is in compliance with the applicable
20requirements of this chapter and Article 1 (commencing with
21Section 3500) of Chapter 8 of Division 2 of Title 14 of the
22California Code of Regulations and the lead agency’s mining
23ordinance in effect at the time that the reclamation plan is submitted
24to the director for review.
25(d) (1) The director shall have 30 days from the date of receipt
26of a reclamation plan or plan amendments submitted pursuant to
27subdivision (c), and 45 days from the date of receipt of financial
28assurances submitted pursuant to subdivision (c), to prepare written
29comments, if the director so chooses. The lead agency shall
30evaluate written comments received from the director relating to
31the reclamation plan, plan amendments, or financial assurances
32within a reasonable amount of time.
33(2) The lead agency shall prepare a written response to the
34director’s comments describing the disposition of the major issues
35raised by the director’s comments, and submit the lead agency’s
36proposed response to the director at least 30 days prior to approval
37of the reclamation plan, plan amendment, or financial assurance.
38The lead agency’s response to the director’s comments shall
39describe whether the lead agency proposes to adopt the director’s
40comments to the reclamation plan, plan amendment, or financial
P8 1assurance. If the lead agency does not propose to adopt the
2director’s comments, the lead agency shall specify, in detail, why
3the lead agency proposes not to adopt the comments. Copies of
4any written comments received and responses prepared by the lead
5agency shall be forwarded to the operator. The lead agency shall
6also give the director at least 30 days’ notice of the time, place,
7and date of the hearing before the lead agency at which time the
8reclamation plan, plan amendment, or financial assurance is
9scheduled to be approved by the lead agency. If no hearing is
10required by this chapter, or by the local ordinance, or other state
11law, then the lead agency shall provide 30 days’ notice to the
12director that it intends to approve the reclamation plan, plan
13amendment, or financial assurance. The lead agency shall send to
14the director its final response to the director’s comments within
1530 days following its approval of the reclamation plan, plan
16amendment, or financial assurance during which period the
17department retains all powers, duties, and authorities of this
19(3) To the extent that there is a conflict between the comments
20of a trustee agency or a responsible agency that are based on the
21agency’s statutory or regulatory authority and the comments of
22other commenting agencies which are received by the lead agency
23pursuant to Division 13 (commencing with Section 21000)
24regarding a reclamation plan or plan amendments, the lead agency
25shall consider only the comments of the trustee agency or
27(e) A lead agency shall notify the director of the filing of an
28application for a permit to conduct surface mining operations
29within 30 days of an application being filed with the lead agency.
30By July 1, 1991, each lead agency shall submit to the director for
31every active or idle mining operation within its jurisdiction, a copy
32of the mining permit required pursuant to Section 2774, and any
33conditions or amendments to those permits. By July 1 of each
34subsequent year, the lead agency shall submit to the director for
35each active or idle mining operation a copy of any permit or
36reclamation plan amendments, as applicable, or a statement that
37there have been no changes during the previous year. Failure to
38file with the director the information required under this section
39shall be cause for action under Section 2774.4.
Section 2790 of the Public Resources Code is amended
After receipt of mineral information from the State
4Geologist pursuant to subdivision (d) of Section 2761, the board
5may, by regulation adopted after a public hearing, designate
6specific geographic areas of the state as areas of statewide or
7regional significance and specify the boundaries of the geographic
8areas. The designation shall be included as a part of the state policy
9and shall indicate the reason for which the particular area
10designated is of significance to the state or region, the adverse
11effects that might result from premature development of
12incompatible land uses, the advantages that might be achieved
13from extraction of the minerals of the area, and the specific goals
14and policies to protect against the premature incompatible
15development of the area.
Section 30333 of the Public Resources Code is
17amended to read:
(a) Except as provided in Section 18930 of the Health
19and Safety Code, the commission may adopt or amend, by vote of
20a majority of the appointed membership of the commission, rules
21and regulations to carry out the purposes and provisions of this
22division, and to govern procedures of the commission.
23(b) Except as provided in Section 18930 of the Health and Safety
24Code and paragraph (3) of subdivision (a) of Section 30620, these
25rules and regulations shall be adopted in accordance with the
26provisions of Chapter 3.5 (commencing with Section 11340) of
27Part 1 of Division 3 of Title 2 of the Government Code. These
28rules and regulations shall be consistent with this division and
29other applicable law.
Section 30620 of the Public Resources Code is
31amended to read:
(a) By January 30, 1977, the commission shall,
33consistent with this chapter, prepare interim procedures for the
34submission, review, and appeal of coastal development permit
35applications and of claims of exemption. These procedures shall
36include, but are not limited to, all of the following:
37(1) Application and appeal forms.
38(2) Reasonable provisions for notification to the commission
39and other interested persons of an action taken by a local
40government pursuant to this chapter, in sufficient detail to ensure
P10 1that a preliminary review of that action for conformity with this
2chapter can be made.
3(3) Interpretive guidelines designed to assist local governments,
4the commission, and persons subject to this chapter in determining
5how the policies of this division shall be applied in the coastal
6zone prior to the certification, and through the preparation and
7amendment, of local coastal programs. However, the guidelines
8shall not supersede, enlarge, or diminish the powers or authority
9of the commission or any other public agency.
10(b) Not later than May 1, 1977, the commission shall, after
11public hearing, adopt permanent procedures that include the
12components specified in subdivision (a) and shall transmit a copy
13of those procedures to each local government within the coastal
14zone and make them readily available to the public. The
15commission may thereafter, from time to time, and, except in cases
16of emergency, after public hearing, modify or adopt additional
17procedures or guidelines that the commission determines to be
18necessary to better carry out the purposes of this division.
19(c) (1) The commission may require a reasonable filing fee and
20the reimbursement of expenses for the processing by the
21commission of an application for a coastal development permit
22under this division and, except for local coastal program submittals,
23for any other filing, including, but not limited to, a request for
24revocation, categorical exclusion, or boundary adjustment, that is
25submitted for review by the commission.
26(2) Any coastal development permit fees that are collected by
27the commission under paragraph (1) shall be deposited in the
28Coastal Act Services Fund established pursuant to Section 30620.1.
29This paragraph does not authorize an increase in fees or create any
30new authority on the part of the commission.
31(d) With respect to an appeal of an action taken by a local
32government pursuant to Section 30602 or 30603, the executive
33director shall, within five working days of receipt of an appeal
34from a person other than a member of the commission or a public
35agency, determine whether the appeal is patently frivolous. If the
36executive director determines that an appeal is patently frivolous,
37the appeal shall not be filed unless a filing fee in the amount of
38three hundred dollars ($300) is deposited with the commission
39within five working days of the receipt of the executive director’s
P11 1determination. If the commission subsequently finds that the appeal
2 raises a substantial issue, the filing fee shall be refunded.
Section 2810.2 of the Vehicle Code is amended to
(a) (1) A peace officer, as described in Chapter 4.5
6(commencing with Section 830) of Title 3 of Part 2 of the Penal
7Code, may stop any vehicle transporting agricultural irrigation
8supplies that are in plain view to inspect the bills of lading,
9shipping, or delivery papers, or other evidence to determine
10whether the driver is in legal possession of the load, if the vehicle
11is on a rock road or unpaved road that is located in a county that
12has elected to implement this section and the road is located as
14(A) Located under the
management of the Department of Parks
15and Recreation, the Department of Fish and Wildlife, the
16Department of Forestry and Fire Protection, the State Lands
17Commission, a regional park district, the United States Forest
18Service, or the Bureau of Land Management.
19(B) Located within the respective ownership of a timberland
20production zone, as defined in Chapter 6.7 (commencing with
21Section 51100) of Division 1 of Title 5 of the Government Code,
22either that is larger than 50,000 acres or for which the owner of
23more than 2,500 acres has given express written permission for a
24vehicle to be stopped within that zone pursuant to this section.
25(2) Upon reasonable belief that the driver of the vehicle is not
26in legal possession, the law enforcement officer specified in
27paragraph (1) shall take custody of the vehicle and load and turn
28them over to the custody of the sheriff of the county that has elected
29to implement this section where the agricultural irrigation supplies
31(b) The sheriff shall receive and provide for the care and
32safekeeping of the apprehended agricultural irrigation supplies
33that were in plain view within the boundaries of public lands under
34the management of the entities listed in subparagraph (A) of
35paragraph (1) of subdivision (a) or on a timberland production
36zone as specified in subparagraph (B) of paragraph (1) of
37subdivision (a), and immediately, in cooperation with the
38 department, proceed with an investigation and its legal disposition.
P12 1(c) Any expense incurred by the sheriff in the performance of
2his or her duties under this section shall be a legal charge against
4(d) Except as provided in subdivision (e), a peace officer shall
5not cause the impoundment of a vehicle at a traffic stop made
6pursuant to subdivision (a) if the driver’s only offense is a violation
7of Section 12500.
8(e) During the conduct of pulling a driver over in accordance
9with subdivision (a), if the peace officer encounters a driver who
10is in violation of Section 12500, the peace officer shall make a
11reasonable attempt to identify the registered owner of the vehicle.
12If the registered owner is present, or the peace officer is able to
13identify the registered owner and obtain the registered owner’s
14 authorization to release the motor vehicle to a licensed driver
15during the vehicle stop, the vehicle shall be released to either the
16registered owner of the vehicle if he or she is a licensed driver or
17to the licensed driver authorized by the registered owner of the
18vehicle. If a notice to appear is issued, the name and the driver’s
19license number of the licensed driver to whom the vehicle was
20released pursuant to this subdivision shall be listed on the officer’s
21copy of the notice to appear issued to the unlicensed driver. When
22a vehicle cannot be released, the vehicle shall be removed pursuant
23to subdivision (p) of Section 22651, whether a notice to appear
24has been issued or not.
25(f) For purposes of this section, “agricultural irrigation supplies”
26include agricultural irrigation water bladder and one-half inch
27diameter or greater irrigation line.
28(g) This section shall be implemented only in a county where
29the board of supervisors adopts a resolution authorizing the
30enforcement of this section.