BILL NUMBER: SB 1345 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 27, 2014
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 Sections 8704.2 8704.2, 73502,
and 73514 of the Water Code, relating to natural resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1345, as amended, Committee on Natural Resources and Water.
Natural Resources. resources.
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 erroneous cross reference
cross-reference 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, as
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. defined. Existing law requires, no later
than 90 days after receiving from the cit y 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. Existing law makes the act
inoperative and repeals these provisions on January 1, 2015.
This bill would 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 would 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:
SECTION 1. Section 4597.22 of the Public Resources Code is amended
to read:
4597.22. This article shall does
not apply to the Southern Subdistrict of the Coast Forest District,
as described in Section 895.1 of Title 14 of the California Code of
Regulations.
SEC. 2. Section 8704.2 of the Water Code is amended to read:
8704.2. (a) Pursuant to subdivision (f) of Section 8701.4, the
board or the board's designee shall have the authority to record a
lien with the county recorder in the county of this state where the
person's or agency's property responsible for the violation is
located, to recover any and all of the following:
(1) Costs incurred in abating, removing, and restoring a
violation, including, but not limited to, costs incurred in seeking
modification, removal, abatement, or restoration pursuant to this
part.
(2) Costs incurred in the summary abatement of emergencies.
(3) Attorney's fees associated with actions to enforce this part.
(b) A lien recorded pursuant to this section shall have the same
force, effect, and priority as a judgment lien.
(c) Before recording a lien, the board shall provide notice and an
opportunity for a hearing to contest the amount of the lien.
(1) Notice shall be provided at least 20 days before the hearing
pursuant to Section 8703.
(2) The hearing required by this section may be satisfied by an
enforcement order hearing pursuant to Section 8701.4 or, in the
summary abatement of emergencies, a hearing pursuant to Section 8708.
SEC. 3. Section 73502 of the Water Code
is amended to read:
73502. (a) The city, on or before February 1, 2003, shall adopt
the program of capital improvement projects designed to restore and
improve the bay area regional water system that are described in the
capital improvement program report prepared by the San Francisco
Public Utilities Commission dated February 25, 2002. A copy of the
program shall be submitted, on or before March 1, 2003, to the State
Department of Health Services Public Health
. The program shall include a schedule for the completion of
design and award of contract, and commencement and completion of
construction of each described project. The schedule shall require
that projects representing 50 percent of the total program cost be
completed on or before 2010 and that projects representing 100
percent of the total program cost be completed on or before 2015. The
program shall also contain a financing plan. The city shall review
and update the program, as necessary, based on changes in the
schedule set forth in the plan adopted pursuant to subdivision (d).
(b) The plan shall require completion of the following projects:
Project
Identification
Project Location Number
1. Irvington Alameda/Santa 9970
Tunnel
Alternative Clara Counties
2. Crystal San Mateo 201671
Springs Pump County
Station
& Pipeline
3. BDPL 1 & 2- Alameda/San 99
Repair of
Mateo Counties
Caissons/Pipe
Bridge
4. BDPL Pipeline Alameda County 128
Upgrades at
Hayward Fault
5. Calaveras Alameda County 9897
Fault Crossing
Upgrade
6. Crystal San Mateo 9891
Springs Bypass County
Pipeline
7. BDPL Cross Alameda/Santa 202339
Connections 3 &
Clara Counties
4
8. Conveyance Alameda/Santa 201441
Capacity West of
Clara/San
Irvington Tunnel Mateo
Counties
9. Calaveras Dam Alameda County 202135
Seismic
Improvements
(c) The city shall submit a report to the Joint Legislative Audit
Committee, the Alfred E. Alquist Seismic Safety
Commission, and the State Department of Public Health, on or before
September 1 of each year, describing the progress made on the
implementation of the capital improvement program for the bay area
regional water system during the previous fiscal year. The city shall
identify in the report any project that is behind schedule, and, for
each project so identified, shall describe the city's plan and
timeline for either making up the delay or adopting a revised
schedule pursuant to subdivision (d).
(d) (1) The city may determine that completion dates for projects
contained in the capital improvement program adopted pursuant to
subdivision (a), including those projects described in subdivision
(b), should be delayed or that different projects should be
constructed.
(2) The city shall provide written notice, not less than 30 days
prior to before the date of a meeting
of the city agency responsible for management of the bay area
regional water system, that a change in the program is to be
considered. The notice shall include information about the reason for
the proposed change and the availability of materials related to the
proposed change. All bay area wholesale customers shall be permitted
to testify or otherwise submit comments at the meeting.
(3) If the city adopts a change in the program that deletes one or
more projects from the program, or postpones the scheduled
completion dates, the city shall promptly furnish a copy of that
change and the reasons for that change to the State Department of
Public Health and the Alfred E. Alquist Seismic Safety
Commission. The State Department of Public Health and the Alfred
E. Alquist Seismic Safety Commission shall each submit written
comments with regard to the significance of that change with respect
to public health and safety to the city and the Joint Legislative
Audit Committee not later than 90 120
days after the date on which those entities received notice of that
change.
SEC. 3. SEC. 4. Section 73514 of the
Water Code is amended to read:
73514. This division shall remain in effect only until January 1,
2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.
SEC. 4. SEC. 5. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has
the authority to levy service charges, fees, or assessments
sufficient to pay for the program or level of service mandated by
this act, within the meaning of Section 17556 of the Government Code.