Amended in Assembly June 26, 2013

Amended in Assembly June 10, 2013

Amended in Senate April 11, 2013

Senate Bill No. 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 amend Sections 8405.2 and 12025 of the Fish and Game Code, to amend Sections 607, 2774, 2790, 30333, and 30620 of the Public Resources Code, and to amend Section 2810.2 of the Vehicle Code, relating to administration of public resources.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert require that a sea cucumber permit be valid to be transferred and would require the application for transfer to be in the form of a notarized letter. The bill would end insert 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 1.  

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

8405.2.  

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

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

(c) An application for transfer begin insert of a permit shall be in the form
of a notarized letter and end insert shall be submitted to the department, with
reasonable proof as the department may require to establish the
qualifications of the permitholder and the person the permit is to
be transferred to, accompanied by payment to the department of
a nonrefundable transfer fee of two hundred dollars ($200). The
transfer shall take effect on the date notice of approval of the
application is given to the transferee by the department. begin insert The sea
cucumber permit shall be valid for the remainder of the permit
year and may be renewed in subsequent years. end insert

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

(e)  begin insert (1) end insert begin insert   end insert Upon the death of a sea cucumber permitholder, the
deceased person’s sea cucumber dive or trawl permit may be
transferred by his or her heirs, assignees, or estate to a qualified
person as provided in begin delete this section and end delete begin insert subdivision (b), end insert upon
payment of the fee described in subdivision begin delete (c). end delete begin insert (c), and in
accordance with subdivisions (a) and (d). The estate of the
decedent may transfer the permit pursuant to this chapter no later
than two years from the date of death of the permitholder, as listed
on the death certificate. end insert

begin insert (2) end insert begin insert   end insert begin insert For purposes of a transfer under this subdivision, the heirs,
assignees, or estate shall renew the permit as specified in Section
8405.1 to keep the permit valid until transferred. end insert

SEC. 2.  

Section 12025 of the Fish and Game Code is amended
to read:

12025.  

(a) In addition to any penalties imposed by any other
law, a person found to have violated Section 1602, 5650, or 5652
in connection with the production or cultivation of a controlled
substance on land under the management of the Department of
Parks and Recreation, the Department of Fish and Wildlife, the
Department of Forestry and Fire Protection, the State Lands
Commission, a regional park district, the United States Forest
Service, or the Bureau of Land Management, or within the
respective ownership of a timberland production zone, as defined
in Chapter 6.7 (commencing with Section 51100) of Division 1 of
Title 5 of the Government Code, of more than 50,000 acres, shall
be liable for a civil penalty in the following amounts:

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

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

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

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

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

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

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

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

(d) For purposes of this section, “controlled substance” has the
same meaning as defined in Section 11007 of the Health and Safety
Code.

SEC. 3.  

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

607.  

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

(a) California Geological Survey.

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

(c) Division of Land Resource Protection.

(d) Office of Mine Reclamation.

SEC. 4.  

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

2774.  

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

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

(c) Before approving a surface mining operation’s reclamation
plan, financial assurances, including existing financial assurances
reviewed by the lead agency pursuant to subdivision (c) of Section
2770, or any amendments, the lead agency shall submit the plan,
assurances, or amendments to the director for review. All
documentation for that submission shall be submitted to the director
at one time. When the lead agency submits a reclamation plan or
plan amendments to the director for review, the lead agency shall
also submit to the director, for use in reviewing the reclamation
plan or plan amendments, information from any related document
prepared, adopted, or certified pursuant to Division 13
(commencing with Section 21000), and shall submit any other
pertinent information. The lead agency shall certify to the director
that the reclamation plan is in compliance with the applicable
requirements of this chapter and Article 1 (commencing with
Section 3500) of Chapter 8 of Division 2 of Title 14 of the
California Code of Regulations and the lead agency’s mining
ordinance in effect at the time that the reclamation plan is submitted
to the director for review.

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

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

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

(e) A lead agency shall notify the director of the filing of an
application for a permit to conduct surface mining operations
within 30 days of an application being filed with the lead agency.
By July 1, 1991, each lead agency shall submit to the director for
every active or idle mining operation within its jurisdiction, a copy
of the mining permit required pursuant to Section 2774, and any
conditions or amendments to those permits. By July 1 of each
subsequent year, the lead agency shall submit to the director for
each active or idle mining operation a copy of any permit or
reclamation plan amendments, as applicable, or a statement that
there have been no changes during the previous year. Failure to
file with the director the information required under this section
shall be cause for action under Section 2774.4.

SEC. 5.  

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

2790.  

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

SEC. 6.  

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

30333.  

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

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

SEC. 7.  

Section 30620 of the Public Resources Code is
amended to read:

30620.  

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

(1) Application and appeal forms.

(2) Reasonable provisions for notification to the commission
and other interested persons of an action taken by a local
government pursuant to this chapter, in sufficient detail to ensure
that a preliminary review of that action for conformity with this
chapter can be made.

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

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

(c) (1) The commission may require a reasonable filing fee and
the reimbursement of expenses for the processing by the
commission of an application for a coastal development permit
under this division and, except for local coastal program submittals,
for any other filing, including, but not limited to, a request for
revocation, categorical exclusion, or boundary adjustment, that is
submitted for review by the commission.

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

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

SEC. 8.  

Section 2810.2 of the Vehicle Code is amended to
read:

2810.2.  

(a) (1) A peace officer, as described in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, may stop any vehicle transporting agricultural irrigation
supplies that are in plain view 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, if the vehicle
is on a rock road or unpaved road that is located in a county that
has elected to implement this section and the road is located as
follows:

(A) Located under the management of the Department of Parks
and Recreation, the Department of Fish and Wildlife, the
Department of Forestry and Fire Protection, the State Lands
Commission, a regional park district, the United States Forest
Service, or the Bureau of Land Management.

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

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

(b) The sheriff shall receive and provide for the care and
safekeeping of the apprehended agricultural irrigation supplies
that were in plain view within the boundaries of public lands under
the management of the entities listed in subparagraph (A) of
paragraph (1) of subdivision (a) or on a timberland production
zone as specified in subparagraph (B) of paragraph (1) of
subdivision (a), and immediately, in cooperation with the
department, proceed with an investigation and its legal disposition.

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

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

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

(f) For purposes of this section, “agricultural irrigation supplies”
include agricultural irrigation water bladder and one-half inch
diameter or greater irrigation line.

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