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 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 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
begin delete personend delete 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.
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 valid 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 valid sea cucumber permit that has not been suspended
10or revoked 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
P4 1suspended or revoked while the suspension or revocation is in
3(c) An application for transfer of a permit shall be in the form
4of a notarized letter and shall be submitted to the department, with
5reasonable proof as the department may require to establish the
6qualifications of the permitholder and the person the permit is to
7be transferred to, accompanied by payment to the department of
8a nonrefundable transfer fee of two hundred dollars ($200). The
9transfer shall take effect on the date notice of approval of the
10application is given to the transferee by the department. The sea
11cucumber permit shall be valid for the remainder of the permit
12year and may be renewed in subsequent years.
13(d) A sea cucumber trawl permit may be transferred to a
14 qualified person as provided in subdivisions (b) and (c) to take sea
15cucumbers by diving or by use of trawl nets. A sea cucumber dive
16permit may be transferred to a qualified person as provided in
17subdivisions (b) and (c) only to take sea cucumbers by diving. The
18transferee shall specify the gear type, either trawl or dive, that the
19transferee intends to use to take sea cucumbers. The gear type of
20the sea cucumber permit, either trawl or dive, shall not be
22(e) (1) Upon the death of a sea cucumber permitholder, the
23deceased person’s sea cucumber dive or trawl permit may be
24transferred by his or her heirs, assignees, or estate to a qualified
25person as provided in subdivision (b), upon payment of the fee
26described in subdivision (c), and in accordance with subdivisions
27(a) and (d). The estate of the decedent may transfer the permit
28pursuant to this chapter no later than two years from the date of
29death of the permitholder, as listed on the death certificate.
30(2) For purposes of a transfer under this subdivision, the heirs,
31assignees, or estate shall renew the permit as specified in Section
328405.1 to keep the permit valid until transferred.
Section 12025 of the Fish and Game Code is amended
(a) In addition to any penalties imposed by any other
36law, a person found to have violated Section 1602, 5650, or 5652
37in connection with the production or cultivation of a controlled
38substance on land under the management of the Department of
39Parks and Recreation, the Department of Fish and Wildlife, the
40Department of Forestry and Fire Protection, the State Lands
P5 1Commission, a regional park district, the United States Forest
2Service, or the Bureau of Land Management, or within the
3respective ownership of a timberland production zone, as defined
4in Chapter 6.7 (commencing with Section 51100) of Division 1 of
5Title 5 of the Government Code, of more than 50,000 acres, shall
6be liable for a civil penalty in the following amounts:
7(1) A person who violates Section 1602 in connection with the
8production or cultivation of a controlled substance is subject to a
9civil penalty of not more than ten thousand dollars ($10,000) for
11(2) A person who violates Section 5650 in connection with the
12production or cultivation of a controlled substance is subject to a
13civil penalty of not more than forty thousand dollars ($40,000) for
15(3) A person who violates Section 5652 in connection with the
16production or cultivation of a controlled substance is subject to a
17civil penalty of not more than forty thousand dollars ($40,000) for
19(b) The civil penalty
imposed for each separate violation
20pursuant to this section is in addition to any other civil penalty
21imposed for another violation of this section, or any violation of
22any other law.
23(c) All civil penalties collected for a separate violation pursuant
24to this section shall not be considered to be fines or forfeitures, as
25described in Section 13003, and shall be apportioned in the
27(1) Thirty percent shall be distributed to the county in which
28the violation was committed pursuant to Section 13003. The county
29board of supervisors shall first use any revenues from those
30penalties to reimburse the costs incurred by the district attorney
31or city attorney in investigating and prosecuting the violation.
32(2) Thirty percent shall be distributed to the investigating agency
33to be used to reimburse the cost of any investigation directly related
34to the violations described in this section.
35(3) Forty percent shall be distributed to the agency performing
36the cleanup or abatement of the cultivation or production site for
37the reimbursement for all reasonable costs associated with the
38cleanup or abatement.
P6 1(d) For purposes of this section, “controlled substance” has the
2same 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
8(a) California Geological Survey.
9(b) Division of Oil, Gas, and Geothermal Resources.
10(c) Division of Land Resource Protection.
11(d) Office of Mine Reclamation.
Section 2774 of the Public Resources Code is amended
(a) Every lead agency shall adopt ordinances in
15accordance with state policy that establish procedures for the
16review and approval of reclamation plans and financial assurances
17and the issuance of a permit to conduct surface mining operations,
18except that any lead agency without an active surface mining
19operation in its jurisdiction may defer adopting an implementing
20ordinance until the filing of a permit application. The ordinances
21shall establish procedures requiring at least one public hearing and
22shall be periodically reviewed by the lead agency and revised, as
23necessary, to ensure that the ordinances continue to be in
24accordance with state policy.
25(b) The lead agency shall conduct an inspection of a surface
26mining operation within six months of receipt by the lead agency
27of the surface mining operation’s report submitted pursuant to
28Section 2207, solely to determine whether the surface mining
29operation is in compliance with this chapter. In no event shall a
30lead agency inspect a surface mining operation less than once in
31any calendar year. The lead agency may cause an inspection to be
32conducted by a state licensed geologist, state licensed civil
33engineer, state licensed landscape architect, or state licensed
34forester, who is experienced in land reclamation and who has not
35been employed by a surface mining operation within the
36jurisdiction of the lead agency in any capacity during the previous
3712 months. All inspections shall be conducted using a form
38developed by the department and approved by the board that shall
39include the professional licensing and disciplinary information of
40the person who conducted the inspection. The operator shall be
P7 1solely responsible for the reasonable cost of the inspection. The
2lead agency shall notify the director within 30 days of the date of
3completion of the inspection that the inspection has been
4conducted. The notice shall contain a statement regarding the
5surface mining operation’s compliance with this chapter, shall
6include a copy of the completed inspection form, and shall specify
7which aspects of the surface mining operations, if any, are
8inconsistent with this chapter. If the surface mining operation has
9a review of its reclamation plan, financial assurances, or an interim
10management plan pending under subdivision (b), (c), (d), or (h)
11of Section 2770, or an appeal pending before the board or lead
12agency governing body under subdivision (e) or (h) of Section
132770, the notice shall so indicate. The lead agency shall forward
14to the operator a copy of the notice, a copy of the completed
15inspection form, and any supporting documentation, including,
16but not limited to, any inspection report prepared by the geologist,
17civil engineer, landscape architect, or forester, who conducted the
19(c) Before approving a surface mining operation’s reclamation
20plan, financial assurances, including existing financial assurances
21reviewed by the lead agency pursuant to subdivision (c) of Section
222770, or any amendments, the lead agency shall submit the plan,
23assurances, or amendments to the director for review. All
24documentation for that submission shall be submitted to the director
25at one time. When the lead agency submits a reclamation plan or
26plan amendments to the director for review, the lead agency shall
27also submit to the director, for use in reviewing the reclamation
28plan or plan amendments, information from any related document
29prepared, adopted, or certified pursuant to Division 13
30(commencing with Section 21000), and shall submit any other
31pertinent information. The lead agency shall certify to the director
32that the reclamation plan is in compliance with the applicable
33requirements of this chapter and Article 1 (commencing with
34Section 3500) of Chapter 8 of Division 2 of Title 14 of the
35California Code of Regulations and the lead agency’s mining
36ordinance in effect at the time that the reclamation plan is submitted
37to the director for review.
38(d) (1) The director shall have 30 days from the date of receipt
39of a reclamation plan or plan amendments submitted pursuant to
40subdivision (c), and 45 days from the date of receipt of financial
P8 1assurances submitted pursuant to subdivision (c), to prepare written
2comments, if the director so chooses. The lead agency shall
3evaluate written comments received from the director relating to
4the reclamation plan, plan amendments, or financial assurances
5within a reasonable amount of time.
6(2) The lead agency shall prepare a written response to the
7director’s comments describing the disposition of the major issues
8raised by the director’s comments, and submit the lead agency’s
9proposed response to the director at least 30 days prior to approval
10of the reclamation plan, plan amendment, or financial assurance.
11The lead agency’s response to the director’s comments shall
12describe whether the lead agency proposes to adopt the director’s
13comments to the reclamation plan, plan amendment, or financial
14assurance. If the lead agency does not propose to adopt the
15director’s comments, the lead agency shall specify, in detail, why
16the lead agency proposes not to adopt the comments. Copies of
17any written comments received and responses prepared by the lead
18agency shall be forwarded to the operator. The lead agency shall
19also give the director at least 30 days’ notice of the time, place,
20and date of the hearing before the lead agency at which time the
21reclamation plan, plan amendment, or financial assurance is
22scheduled to be approved by the lead agency. If no hearing is
23required by this chapter, or by the local ordinance, or other state
24law, then the lead agency shall provide 30 days’ notice to the
25director that it intends to approve the reclamation plan, plan
26amendment, or financial assurance. The lead agency shall send to
27the director its final response to the director’s comments within
2830 days following its approval of the reclamation plan, plan
29amendment, or financial assurance during which period the
30department retains all powers, duties, and authorities of this
32(3) To the extent that there is a conflict between the comments
33of a trustee agency or a responsible agency that are based on the
34agency’s statutory or regulatory authority and the comments of
35other commenting agencies which are received by the lead agency
36pursuant to Division 13 (commencing with Section 21000)
37regarding a reclamation plan or plan amendments, the lead agency
38shall consider only the comments of the trustee agency or
P9 1(e) A lead agency shall notify the director of the filing of an
2application for a permit to conduct surface mining operations
3within 30 days of an application being filed with the lead agency.
4By July 1, 1991, each lead agency shall submit to the director for
5every active or idle mining operation within its jurisdiction, a copy
6of the mining permit required pursuant to Section 2774, and any
7conditions or amendments to those permits. By July 1 of each
8subsequent year, the lead agency shall submit to the director for
9each active or idle mining operation a copy of any permit or
10reclamation plan amendments, as applicable, or a statement that
11there have been no changes during the previous year. Failure to
12file with the director the information required under this section
13shall 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
17Geologist pursuant to subdivision (d) of Section 2761, the board
18may, by regulation adopted after a public hearing, designate
19specific geographic areas of the state as areas of statewide or
20regional significance and specify the boundaries of the geographic
21areas. The designation shall be included as a part of the state policy
22and shall indicate the reason for which the particular area
23designated is of significance to the state or region, the adverse
24effects that might result from premature development of
25incompatible land uses, the advantages that might be achieved
26from extraction of the minerals of the area, and the specific goals
27and policies to protect against the premature incompatible
28development of the area.
Section 30333 of the Public Resources Code is
30amended to read:
(a) Except as provided in Section 18930 of the Health
32and Safety Code, the commission may adopt or amend, by vote of
33a majority of the appointed membership of the commission, rules
34and regulations to carry out the purposes and provisions of this
35division, and to govern procedures of the commission.
36(b) Except as provided in Section 18930 of the Health and Safety
37Code and paragraph (3) of subdivision (a) of Section 30620, these
38rules and regulations shall be adopted in accordance with the
39provisions of Chapter 3.5 (commencing with Section 11340) of
40Part 1 of Division 3 of Title 2 of the Government Code. These
P10 1rules and regulations shall be consistent with this division and
2other applicable law.
Section 30620 of the Public Resources Code is
4amended to read:
(a) By January 30, 1977, the commission shall,
6consistent with this chapter, prepare interim procedures for the
7submission, review, and appeal of coastal development permit
8applications and of claims of exemption. These procedures shall
9include, but are not limited to, all of the following:
10(1) Application and appeal forms.
11(2) Reasonable provisions for notification to the commission
12and other interested persons of an action taken by a local
13government pursuant to this chapter, in sufficient detail to ensure
14that a preliminary review of that action for conformity with this
15chapter can be made.
16(3) Interpretive guidelines designed to assist local governments,
17the commission, and persons subject to this chapter in determining
18how the policies of this division shall be applied in the coastal
19zone prior to the certification, and through the preparation and
20amendment, of local coastal programs. However, the guidelines
21shall not supersede, enlarge, or diminish the powers or authority
22of the commission or any other public agency.
23(b) Not later than May 1, 1977, the commission shall, after
24public hearing, adopt permanent procedures that include the
25components specified in subdivision (a) and shall transmit a copy
26of those procedures to each local government within the coastal
27zone and make them readily available to the public. The
28commission may thereafter, from time to time, and, except in cases
29of emergency, after public hearing, modify or adopt additional
30procedures or guidelines that the commission determines to be
31necessary to better carry out the purposes of this division.
32(c) (1) The commission may require a reasonable filing fee and
33the reimbursement of expenses for the processing by the
34commission of an application for a coastal development permit
35under this division and, except for local coastal program submittals,
36for any other filing, including, but not limited to, a request for
37revocation, categorical exclusion, or boundary adjustment, that is
38submitted for review by the commission.
39(2) Any coastal development permit fees that are collected by
40the commission under paragraph (1) shall be deposited in the
P11 1Coastal Act Services Fund established pursuant to Section 30620.1.
2This paragraph does not authorize an increase in fees or create any
3new authority on the part of the commission.
4(d) With respect to an appeal of an action taken by a local
5government pursuant to Section 30602 or 30603, the executive
6director shall, within five working days of receipt of an appeal
7from a person other than a member of the commission or a public
8agency, determine whether the appeal is patently frivolous. If the
9executive director determines that an appeal is patently frivolous,
10the appeal shall not be filed unless a filing fee in the amount of
11three hundred dollars ($300) is deposited with the commission
12within five working days of the receipt of the executive director’s
13determination. If the commission subsequently finds that the appeal
14 raises a substantial issue, the filing fee shall be refunded.
(a) On or before January 1, 2008, the commission
18shall adopt regulations that do all of the following:
19(1) Except as provided
begin delete otherwiseend delete in Section 71204.7, require
20an owner or operator of a vessel carrying, or capable of carrying,
21ballast water that operates in the waters of the state to implement
22the interim performance standards for the discharge of ballast water
23recommended in accordance with Table x-1 of the California State
24Lands Commission Report on Performance Standards for Ballast
25Water Discharges in California Waters, as approved by the
26commission on January 26, 2006.
27(2) Except as provided
begin delete otherwiseend delete
in Section 71204.7, require
28an owner or operator of a vessel carrying, or capable of carrying,
29ballast water that operates in the waters of the state to comply with
30the following implementation schedule:
|Ballast water capacity of vessel||Standards apply to new vessels in this size class constructed on or after:||Standards apply to all other vessels in this size class beginning on:|
|<1500 metric tons||January 1,||January 1,
|1500-5000 metric tons||January 1,||January 1,
|>5000 metric tons||January 1,||January 1,
39(3) Notwithstanding Section 71204.7, require an owner or
40operator of a vessel carrying, or capable of carrying, ballast water
P12 1that operates in the waters of the state to meet the final performance
2standard for the discharge of ballast water of zero detectable for
3all organism size classes by 2020, as approved by the commission
4on January 26, 2006.
begin deleteOn or before January 1, 2009, for the interim performance less than 18 months prior to the
6standards specified in paragraph (1) of subdivision (a) that have
7to be complied with in 2010, as specified in paragraph (2) of
8subdivision (a), and not end delete
9scheduled compliance date specified in paragraph (2) of subdivision
10(a) for each subsequent class and the date for implementation of
11the final performance standard, as specified in paragraph (3) of
12subdivision (a), the commission, in consultation with the State
13Water Resources Control Board, the United States Coast Guard,
14and the advisory panel described in subdivision (b) of Section
1571204.9, shall prepare, or update, and submit to the Legislature a
16review of the efficacy, availability, and environmental impacts,
17including the effect on water quality, of currently available
18technologies for ballast water treatment systems. If technologies
19to meet the performance standards are determined in a review to
20be unavailable, the commission shall include in that review an
21assessment of why the technologies are unavailable.
Section 2810.2 of the Vehicle Code is amended to
(a) (1) A peace officer, as described in Chapter 4.5
26(commencing with Section 830) of Title 3 of Part 2 of the Penal
27Code, may stop any vehicle transporting agricultural irrigation
28supplies that are in plain view to inspect the bills of lading,
29shipping, or delivery papers, or other evidence to determine
30whether the driver is in legal possession of the load, if the vehicle
31is on a rock road or unpaved road that is located in a county that
32has elected to implement this section and the road is located as
34(A) Located under the management of the Department of Parks
35and Recreation, the Department of Fish and Wildlife, the
36Department of Forestry and Fire Protection, the State Lands
37Commission, a regional park district, the United States Forest
38Service, or the Bureau of Land Management.
39(B) Located within the respective ownership of a timberland
40production zone, as defined in Chapter 6.7 (commencing with
P13 1Section 51100) of Division 1 of Title 5 of the Government Code,
2either that is larger than 50,000 acres or for which the owner of
3more than 2,500 acres has given express written permission for a
4vehicle to be stopped within that zone pursuant to this section.
5(2) Upon reasonable belief that the driver of the vehicle is not
6in legal possession, the law enforcement officer specified in
7paragraph (1) shall take custody of the vehicle and load and turn
8them over to the custody of the sheriff of the county that has elected
9to implement this section where the agricultural irrigation supplies
11(b) The sheriff shall receive and provide for the care and
12safekeeping of the apprehended agricultural irrigation supplies
13that were in plain view within the boundaries of public lands under
14the management of the entities listed in subparagraph (A) of
15paragraph (1) of subdivision (a) or on a timberland production
16zone as specified in subparagraph (B) of paragraph (1) of
17subdivision (a), and immediately, in cooperation with the
18 department, proceed with an investigation and its legal disposition.
19(c) Any expense incurred by the sheriff in the performance of
20his or her duties under this section shall be a legal charge against
22(d) Except as provided in subdivision (e), a peace officer shall
23not cause the impoundment of a vehicle at a traffic stop made
24pursuant to subdivision (a) if the driver’s only offense is a violation
25of Section 12500.
26(e) During the conduct of pulling a driver over in accordance
27with subdivision (a), if the peace officer encounters a driver who
28is in violation of Section 12500, the peace officer shall make a
29reasonable attempt to identify the registered owner of the vehicle.
30If the registered owner is present, or the peace officer is able to
31identify the registered owner and obtain the registered owner’s
32 authorization to release the motor vehicle to a licensed driver
33during the vehicle stop, the vehicle shall be released to either the
34registered owner of the vehicle if he or she is a licensed driver or
35to the licensed driver authorized by the registered owner of the
36vehicle. If a notice to appear is issued, the name and the driver’s
37license number of the licensed driver to whom the vehicle was
38released pursuant to this subdivision shall be listed on the officer’s
39copy of the notice to appear issued to the unlicensed driver. When
40a vehicle cannot be released, the vehicle shall be removed pursuant
P14 1to subdivision (p) of Section 22651, whether a notice to appear
2has been issued or not.
3(f) For purposes of this section, “agricultural irrigation supplies”
4include agricultural irrigation water bladder and one-half inch
5diameter or greater irrigation line.
6(g) This section shall be implemented only in a county where
7the board of supervisors adopts a resolution authorizing the
8enforcement of this section.