BILL NUMBER: SB 1345 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 17, 2014
AMENDED IN ASSEMBLY JUNE 10, 2014
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 1798.5 of the Fish and Game Code,
to amend Section 4597.22 of the Public Resources
Code, Code and to amend Sections 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.
Existing law prohibits a conservation bank, mitigation bank, or
conservation and mitigation bank from being operative, vested, or
final unless the Department of Fish and Wildlife has approved the
bank in writing and, if applicable, a conservation easement has been
recorded on the site. Existing law requires the department to follow
certain procedures when a person is interested in establishing a
bank, including the review of a bank prospectus. If the department
determines that the bank prospectus is acceptable, existing law
authorizes the person interested in establishing the bank to submit a
bank agreement package.
This bill would require the Department of Fish and Wildlife, if it
determines that the bank agreement package is acceptable, to approve
the bank in writing within 30 business days.
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 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.
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. 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 1798.5 of the Fish and Game
Code is amended to read:
1798.5. (a) (1) If the department determines that a bank
prospectus is acceptable pursuant to Section 1798, the person seeking
to establish the bank may submit a bank agreement package to the
department. Pursuant to subdivision (c) of Section 1799.1, the
department may adopt and amend guidelines and criteria for the bank
agreement package, including, but not limited to, recommended
standard forms for bank enabling instruments or long-term management
plan and conservation easements.
(2) The bank agreement package shall be consistent with the
prospectus and contain at least all of the following information:
(A) The draft bank enabling instrument and all exhibits.
(B) Drafts of the interim management plan, long-term management
plan, bank closure plan, and, if applicable, a development or
construction plan for the bank.
(C) A draft conservation easement or, if potential state ownership
is contemplated by the department, a draft grant deed.
(D) A map and written description of the proposed bank service
area.
(E) A proposed credit ledger and credit release schedule for the
bank.
(F) A property analysis record or other comparable economic
analysis of the funding necessary to support bank maintenance
activities, such as monitoring and reporting, in perpetuity.
(G) Estimates of financial assurances and proposed forms of
security. Proposed forms of security may be either cash or a letter
of credit.
(H) A phase I environmental site assessment of the site of the
proposed bank dated not more than six months before the date the bank
agreement package is submitted to the department. This assessment
shall be performed in accordance with the American Society of Testing
and Materials Standard E1527-05 "Standard Practice for Environmental
Site Assessments: Phase I Environmental Site Assessment Process" or
any successive ASTM standard active at the time of the assessment.
(b) The department shall collect a fee of twenty-five thousand
dollars ($25,000) per bank agreement package to fund the cost of the
department's review services. The fee shall be collected at the time
the bank agreement package is submitted to the department.
(c) Within 30 calendar days following the department's receipt of
a bank agreement package and fee pursuant to subdivision (a), the
department shall determine whether or not the package is complete and
give written notice of the determination to the person who submitted
the package.
(1) If the department determines that the bank agreement package
is not complete, it may be made complete and resubmitted.
(2) If the department determines that the bank agreement package
is complete, within 90 calendar days of that determination, the
department shall determine whether or not it is acceptable and notify
the person who submitted the package of the determination. If the
department determines that the bank agreement package is not
acceptable, the department shall state the reasons.
(d) The department may request clarifying information during the
bank agreement review process.
(e) If the department needs supplemental information during its
review of the bank agreement package to fully evaluate the proposed
bank, the regional manager or departmental equivalent, or a higher
level department employee, shall provide the person seeking to
establish the bank a written request for the needed information. Upon
the department's receipt of the requested information, a new 90-day
period shall begin during which the department shall determine
acceptability pursuant to paragraph (2) of subdivision (c). If the
department does not receive the requested information within 60
calendar days of the department's request, the bank agreement package
will be deemed unacceptable.
(f) If the person seeking to establish the bank proposes changes
to the bank agreement package that have not been solicited by the
department during its 90-day review period, including, but not
limited to, parties, number or type of credits, bank size, number or
type of species, credit release schedule, service area, design
change, or other changes as identified by the department as
necessitating additional review time, the department, acting through
the regional manager or department equivalent, or a higher level
department employee, shall assess a one-time fee of ten thousand
dollars ($10,000) to cover the reasonable cost of the department's
services in reviewing the changes. A new 90-day review period shall
begin upon the department's receipt of the proposed changes and the
associated review fee, during which it will determine acceptability
pursuant to paragraph (2) of subdivision (c).
(g) If the department determines that 90 days is insufficient time
to complete its review of the bank agreement package for reasons
including, but not limited to, the size, location, or complexity of
the bank, that the package includes a development or construction
plan, complexity of the bank agreement package, or substantial
variations from recommended standard forms, the department may extend
the 90-day period for reviewing the bank agreement package by an
additional 60 calendar days.
(h) If the department determines that a bank agreement package is
not acceptable, the package may be resubmitted in accordance with
subdivision (a) if further consideration is desired. Any resubmittal
shall be accompanied by payment of a new bank agreement package
review fee.
(i) If the department determines that the bank agreement package
is acceptable pursuant to paragraph (2) of subdivision (c), the
department shall approve the bank in writing within 30 business days.
SEC. 2. SECTION 1. Section 4597.22 of
the Public Resources Code is amended to read:
4597.22. This article 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. 3. 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. 4. 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 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
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 120 days after the date on which those
entities received notice of that change.
SEC. 5. 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. 6. 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.