BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 798 Hearing Date: April 28,
2015
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|Author: |Committee on Natural | | |
| |Resources and Water | | |
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|Version: |April 22, 2015 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|Angee Doerr |
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Subject: Natural resources
BACKGROUND AND EXISTING LAW
1. Existing law prescribes the time line of the
commencement of civil action under Sections 1603.1, 1615,
or 5650.1 of the Fish and Game Code as three years.
2. Existing law requires state sport fishing regulations to
conform to federal regulations. Under current state law,
any conforming changes must follow the full rulemaking
process as outlined in the Administrative Procedures Act.
Existing law has exempted the conforming of
commercial-fishing regulations from the Administrative
Procedures Act since 1976.
3. Current law provides for regulations governing the
issuing of Sport Fishing Licenses through both a paper
license process and an automated process.
4. Existing law establishes the State Lands Commission
(SLC) in the Natural Resources Agency and prescribes its
functions and duties (PRC §6101 et seq.). Government Code
section 113 authorizes the State Lands Commission to accept
retrocessions of legislative jurisdiction from the United
States and requires the Commission to conduct a public
hearing prior to the acceptance. Previously, AB 2764 (ANR,
2014) updated Government code §126 to more closely align
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with federal statute, and to combine the public hearing and
Commission hearing for cession of criminal jurisdiction.
5. Existing law requires the State Board of Forestry and
Fire Protection to appoint a Range Management Advisory
Committee and requires 2 members on the board to be from
the general public, as provided, and for one member to be
nominated by the Watershed Fire Council of Southern
California.
6. The Public Resources Code currently requires the
California Coastal Commission to meet at least once a month
at a place convenient to the public. It also states that no
law precludes or prevents the appointment of a public
member to the Commission on the grounds that they are not a
locally elected official.
7. Existing law authorizes the executive director of the
State Water Resources Control Board to issue a complaint to
a person who violates certain use and diversion of water
provisions and subjects the violator to administrative
civil liability. The complaint must be served by personal
notice or certified mail and inform the party served that
the party may request a hearing not later than 20 days from
the date the party was served.
Existing law allows the State Water Resources Control Board to
issue a temporary permit for diversion and use of water, and for
a permittee or licensee who needs to change a point of
diversion, place of use, or purpose of use to request a
temporary change order.
8. Existing law provides that moneys in the Water Resources
Control Board Revolving Fund may be drawn from the State
Treasury upon the approval of the Department of Finance
without the submission of receipts, vouchers, or itemized
statements, and used by the board in paying costs of making
water rights determinations.
PROPOSED LAW
This bill would:
1. Update an error in the California Civil Procedures Code
that cross-references a Fish and Game Code section that no
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longer exists.
2. Provide an express exemption from the Act for conforming
state sport fishing regulations to federal regulations
3. Remove obsolete sections of the Fish and Game code that
reference the paper licensing system that has been replaced
by the Automated Data Licensing System (ALDS).
4. Combine the public hearing and State Lands Commission
hearings for proposed government retrocessions.
5. Update PRC §741 by changing the membership of the
Watershed Fire Council of Southern California.
6. Require the California Coastal Commission to meet at
least 10 times annually rather than once a month.
7. Provide clarity as to the rights and responsibilities of
the State Water Resources Control Board and the timelines
for complaints and permits for the diversion of water.
8. Provide technical cleanup of the California Water Code
as it relates to the State Water Boards, update references
to "Fish and Game" within the Water Code, and repeal
outdated provisions within the Water Code.
ARGUMENTS IN SUPPORT
The State Lands Commission states that the amendment to
Government Code §113 "preserves a party's right to object" to a
proposed retrocession "while simultaneously streamlining the
process."
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Auto-conformance of Sport-fishing Regulations. The state must
ensure that California sport fishing regulations conform to
federal regulations. This must be done in a timely manner to
ensure consistency between rules applicable in state and federal
ocean waters, to maintain uniform management and enforcement,
and to avoid confusion among recreational anglers. The
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requirement to follow the full rulemaking process as outlined in
the Administrative Procedures Act often results in a lag in the
effective date of conforming actions, which, in turn, results in
inconsistency between State and federal regulations and
confusion among recreational anglers.
This bill will provide an express exemption from the Act for
conforming state sport fishing regulations to federal
regulations (similar to that provided to commercial-fishing
regulations). Eliminating the duplicative federal and state
rulemakings will result in additional fiscal savings to the
Department and the Fish and Game Commission, and will result in
timelier conformance between State and federal regulations.
Automated Data Licensing System. In 2010, the Department of Fish
and Wildlife transitioned from a manual paper inventory license
issuance system to an automated system, known as the Automated
Data Licensing System (ALDS). The legislature enacted code
sections for ALDS-issued licenses identical to those for manual
paper licenses; however, the code sections related to manual
paper licenses were never deleted. This bill would delete those
obsolete code sections.
Why only one retrocession hearing? Historically the Commission
has interpreted Gov Code §113 as requiring a public hearing in
addition to the hearing at which the Commission formally accepts
the retrocession. This bill would amend §113 to remove the
requirement of a public hearing separate and apart from the one
at which the acceptance is made. Such an amendment will conform
the processes for cessions and retrocessions.
The purpose of the public hearing is to give notice of the
proposed retrocession and to solicit comments from local
government and its citizens. Since the enactment of §113, the
Commission has accepted a retrocession from the United States 65
times, the last in June 2014. During this time, the members of
the public have rarely attended the public hearing; however,
citizens often attend Commission meetings to discuss
retrocessions. In these instances, the Commission will hear all
public comments, and defer decisions until concerns are
addressed.
Changes to water diversion regulations. §1055 of the Water Code
is revised to explicitly state that the water board must provide
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a party served with a complaint twenty days, from the date of
being served, to request a hearing in regards to the complaint.
Sections 1430 and 1440 (respectively) of the Water Code are
amended to clarify that the time required to implement changes
in monitoring or reporting requirements do not count against the
180 days that the temporary permit is in effect. The revised
language is consistent with Water Code §1728.
In order to provide further clarity as to the rights and
responsibilities of the State Water Resources Board, as well as
the individuals affected by actions of the water board,
Amendments 1 and 2 are suggested.
Water Resources Control Board Revolving Fund. This bill repeals
Water Code §2866, as the fund it refers to no longer exists. For
the same reason, Water Code Sections 2862 and 2863 should be
repealed as well. This is addressed in Amendment 3.
SUGGESTED AMENDMENTS
AMENDMENT 1
Water Code Section 1055 (b) should be amended to read:
(b) The complaint shall be served by personal notice or
certified mail, and mail. The complaint shall inform the
party served that the party may request a hearing not later
than 20 days from the date the party was served and that
the board may adopt an order setting administrative civil
liability based on the allegations set forth in the
complaint without a hearing if the party does not sign a
written request for a hearing that is delivered to or
received by mail by the board within 20 days after the date
that the party was served. The hearing shall be before the
board or a member of the board, in accordance with Section
183. The board may adopt an order setting administrative
civil liability based on the allegations set forth in the
complaint without a hearing, unless a written request for a
hearing signed by, or on behalf of, the party served with
the complaint is delivered to or received by mail by the
board within 20 days after the date the party was served.
AMENDMENT 2
WC Sections 1430 and 1440:
1430. A temporary permit issued under this chapter shall
not result in creation of a vested right, even of a
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temporary nature, but shall be subject at all times to
modification or revocation in the discretion of the board.
The authorization to divert and use water under a temporary
permit shall automatically expire 180 days after the date
of its issuance, authorization takes effect, unless an
earlier date is specified or it has been the temporary
permit is revoked. The temporary permit may set 180 day
period does not include any time required for monitoring,
reporting, or mitigation requirements that apply before or
after the authorization to divert or use water under the
temporary permit.
1440. A temporary change order issued under this chapter
shall not result in creation of a vested right, even of a
temporary nature, but shall be subject at all times to
modification or revocation in the discretion of the board.
The authorization to divert and use water under a temporary
change order shall automatically expire 180 days after the
date of its issuance, authorization takes effect, unless an
earlier date is specified or the temporary change order is
revoked. The 180 day period does not include any time
required for temporary change order may set monitoring,
reporting, or mitigation requirements that apply before or
after the authorization to divert or use water under the
temporary change order.
AMENDMENT 3
The bill should delete Water Code Sections 2862 and 2863,
as the State Water Resources Control Board Revolving Fund
no longer exists.
SUPPORT
California State Lands Commission
OPPOSITION
None Received
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