Amended in Assembly May 27, 2014

Senate BillNo. 1345


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

February 21, 2014


An act to amend Section 4597.22 of the Public Resources Code, and to amend Sectionsbegin delete 8704.2end deletebegin insert 8704.2, 73502,end insert and 73514 of the Water Code, relating to natural resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 1345, as amended, Committee on Natural Resources and Water. Naturalbegin delete Resources.end deletebegin insert resources.end insert

The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. A violation of the act is a crime.

Existing law authorizes a person who intends to become a working forest landowner, as defined, to file a working forest management plan with the department, with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of the plan. Existing law requires the working forest landowner who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved plan, and who plans to harvest any of the timber during a given year, to file a working forest harvest notice, as defined, with the department in writing. Existing law exempts the Southern Subdistrict of the Coast Forest District, as described in regulations, from these provisions.

This bill would correct an erroneousbegin delete cross referenceend deletebegin insert cross-referenceend insert to the regulations describing the Southern Subdistrict of the Coast Forest District.

Existing law provides the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works. Existing law makes it unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. Existing law authorizes the board to order the removal, modification, or abatement of an encroachment, flood system improvement, or activity causing a violation, as specified, and to collect the costs from the responsible party by whatever legal remedy is available, including, the placement of a lien on the responsible party’s property. Existing law authorizes the board or the board’s designee to record the lien with the county clerk in the county where the party’s property is located.

This bill would make a nonsubstantive change to these provisions.

Existing law, the Wholesale Regional Water System Security and Reliability Act, requires the City and County of San Francisco to adopt a specified program of capital improvement projects designed to restore and improve the bay area regional water system, asbegin delete defined, and to submit a report, on or before September 1 of each year, to various entities describing the progress made on the implementation of the capital improvement program during the previous fiscal year. Existing law requires a regional wholesale water supplier to annually submit a report to the Legislature and the State Department of Public Health describing the progress made on securing supplemental sources of water to augment existing supplies during dry years.end deletebegin insert defined. Existing law requires, no later than 90 days after receiving from the city and county notice of certain changes to the program or postponements of the scheduled completion dates, the Seismic Safety Commission and the State Department of Public Health to each submit to the city and county and the Joint Legislative Audit Committee written comments with regard to the significance of the change with respect to public health and safety.end insert Existing law makes the act inoperative and repeals these provisions on January 1, 2015.

This bill wouldbegin insert extend the time the Seismic Safety Commission and the State Department of Public Health would have to submit the written comments to 120 days and wouldend insert extend the repeal date of the act to January 1, 2022. By extending the period of time during which certain requirements would apply to regional wholesale water suppliers and the City and County of San Francisco, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

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

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

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SECTION 1.  

Section 4597.22 of the Public Resources Code
2 is amended to read:

3

4597.22.  

This articlebegin delete shallend deletebegin insert doesend insert not apply to the Southern
4Subdistrict of the Coast Forest District, as described in Section
5895.1 of Title 14 of the California Code of Regulations.

6

SEC. 2.  

Section 8704.2 of the Water Code is amended to read:

7

8704.2.  

(a) Pursuant to subdivision (f) of Section 8701.4, the
8board or the board’s designee shall have the authority to record a
9lien with the county recorder in the county of this state where the
10person’s or agency’s property responsible for the violation is
11located, to recover any and all of the following:

12(1) Costs incurred in abating, removing, and restoring a
13violation, including, but not limited to, costs incurred in seeking
14modification, removal, abatement, or restoration pursuant to this
15part.

16(2) Costs incurred in the summary abatement of emergencies.

17(3) Attorney’s fees associated with actions to enforce this part.

18(b) A lien recorded pursuant to this section shall have the same
19force, effect, and priority as a judgment lien.

20(c) Before recording a lien, the board shall provide notice and
21an opportunity for a hearing to contest the amount of the lien.

22(1) Notice shall be provided at least 20 days before the hearing
23pursuant to Section 8703.

P4    1(2) The hearing required by this section may be satisfied by an
2enforcement order hearing pursuant to Section 8701.4 or, in the
3summary abatement of emergencies, a hearing pursuant to Section
48708.

5begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 73502 of the end insertbegin insertWater Codeend insertbegin insert is amended to read:end insert

6

73502.  

(a) The city, on or before February 1, 2003, shall adopt
7the program of capital improvement projects designed to restore
8and improve the bay area regional water system that are described
9in the capital improvement program report prepared by the San
10Francisco Public Utilities Commission dated February 25, 2002.
11A copy of the program shall be submitted, on or before March 1,
122003, to the State Department ofbegin delete Health Servicesend deletebegin insert Public Healthend insert.
13The program shall include a schedule for the completion of design
14and award of contract, and commencement and completion of
15construction of each described project. The schedule shall require
16that projects representing 50 percent of the total program cost be
17completed on or before 2010 and that projects representing 100
18percent of the total program cost be completed on or before 2015.
19The program shall also contain a financing plan. The city shall
20review and update the program, as necessary, based on changes
21in the schedule set forth in the plan adopted pursuant to subdivision
22(d).

23(b) The plan shall require completion of the following projects:


24

 

Project

Location

Project
Identification
Number

   

1. Irvington Tunnel Alternative

Alameda/Santa
 Clara Counties

  9970

2. Crystal Springs Pump Station
  & Pipeline

San Mateo County

  201671

3. BDPL 1 & 2-Repair of
  Caissons/Pipe Bridge

Alameda/San
Mateo Counties

  99

4. BDPL Pipeline Upgrades at
  Hayward Fault

Alameda County

  128

5. Calaveras Fault Crossing
  Upgrade

Alameda County

  9897

6. Crystal Springs Bypass
  Pipeline

San Mateo County

  9891

7. BDPL Cross Connections 3 &
  4

Alameda/Santa
 Clara Counties

  202339

8. Conveyance Capacity West of
  Irvington Tunnel

Alameda/Santa
Clara/San Mateo
 Counties

  201441

9. Calaveras Dam Seismic
  Improvements

Alameda County

  202135

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9(c) The city shall submit a report to the Joint Legislative Audit
10Committee, thebegin insert Alfred E. Alquistend insert Seismic Safety Commission, and
11the State Department of Public Health, on or before September 1
12of each year, describing the progress made on the implementation
13of the capital improvement program for the bay area regional water
14system during the previous fiscal year. The city shall identify in
15the report any project that is behind schedule, and, for each project
16so identified, shall describe the city’s plan and timeline for either
17making up the delay or adopting a revised schedule pursuant to
18subdivision (d).

19(d) (1) The city may determine that completion dates for
20projects contained in the capital improvement program adopted
21pursuant to subdivision (a), including those projects described in
22subdivision (b), should be delayed or that different projects should
23be constructed.

24(2) The city shall provide written notice, not less than 30 days
25begin delete prior toend deletebegin insert beforeend insert the date of a meeting of the city agency responsible
26for management of the bay area regional water system, that a
27change in the program is to be considered. The notice shall include
28information about the reason for the proposed change and the
29availability of materials related to the proposed change. All bay
30area wholesale customers shall be permitted to testify or otherwise
31submit comments at the meeting.

32(3) If the city adopts a change in the program that deletes one
33 or more projects from the program, or postpones the scheduled
34completion dates, the city shall promptly furnish a copy of that
35change and the reasons for that change to the State Department of
36Public Health and thebegin insert Alfred E. Alquistend insert Seismic Safety
37Commission. The State Department of Public Health and thebegin insert Alfred
38E. Alquistend insert
Seismic Safety Commission shall each submit written
39comments with regard to the significance of that change with
40respect to public health and safety to the city and the Joint
P6    1Legislative Audit Committee not later thanbegin delete 90end deletebegin insert 120end insert days after the
2date on which those entities received notice of that change.

3

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

Section 73514 of the Water Code is amended to read:

5

73514.  

This division shall remain in effect only until January
61, 2022, and as of that date is repealed, unless a later enacted
7statute, that is enacted before January 1, 2022, deletes or extends
8that date.

9

begin deleteSEC. 4.end delete
10begin insertSEC. 5.end insert  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12a local agency or school district has the authority to levy service
13charges, fees, or assessments sufficient to pay for the program or
14level of service mandated by this act, within the meaning of Section
1517556 of the Government Code.



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