BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 798|
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CONSENT
Bill No: SB 798
Author: Committee on Natural Resources and Water
Amended: 5/6/15
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 4/28/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Wolk
NO VOTE RECORDED: Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Natural resources
SOURCE: Author
DIGEST: This bill makes clarifying and technical changes to the
Fish and Game Code and Water Code. It combines the public
hearing and State Lands Commission hearings for proposed
government retrocessions. This bill updates membership
requirements for the Watershed Fire Council of Southern
California and meeting requirements for the California Coastal
Commission to meet at least 10 times annually rather than once a
month. This bill also clarifies the rights and responsibilities
of the State Water Resources Control Board and the timelines for
complaints and permits for the diversion of water.
ANALYSIS:
Existing law:
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1)Prescribes the timeline of the commencement of civil action
under Sections 1603.1, 1615, or 5650.1 of the Fish and Game
Code as three years.
2)Requires state sport fishing regulations to conform to federal
regulations. Under existing law, any conforming changes must
follow the full rulemaking process as outlined in the
Administrative Procedures Act (Act). Existing law has
exempted the conforming of commercial-fishing regulations from
the Act since 1976.
3)Provides for regulations governing the issuing of Sport
Fishing Licenses through both a paper license process and an
automated process.
4)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 SLC
to accept retrocessions of legislative jurisdiction from the
United States and requires the SLC to conduct a public hearing
prior to the acceptance. Previously, AB 2764 (Committee on
Natural Resources, Chapter 512, Statutes of 2014) updated
Government Code Section 126 to more closely align with federal
statute, and to combine the public hearing and SLC hearing for
cession of criminal jurisdiction.
5)Requires the State Board of Forestry and Fire Protection to
appoint a Range Management Advisory Committee and requires two
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)Requires, under the Public Resources Code, the California
Coastal Commission (CCC) to meet at least once a month at a
place convenient to the public. Also states that no law
precludes or prevents the appointment of a public member to
the CCC on the grounds that they are not a locally elected
official.
7)Authorizes the Executive Director of the State Water Resources
Control Board (SWRCB) to issue a complaint to a person who
violates certain use and diversion of water provisions and
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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.
8)Allows SWRCB 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.
9)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
SWRCB in paying costs of making water rights determinations.
This bill:
1)Updates an error in the Civil Procedures Code that
cross-references a Fish and Game Code section that no longer
exists.
2)Provides an express exemption from the Act for conforming
state sport fishing regulations to federal regulations
3)Removes 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)Combines the public hearing and SLC hearings for proposed
government retrocessions.
5)Updates Public Resources Code Section 741 by changing the
membership of the Watershed Fire Council of Southern
California.
6)Requires CCC to meet at least 10 times annually rather than
once a month.
7)Provides clarity as to the rights and responsibilities of the
SWRCB and the timelines for complaints and permits for the
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diversion of water.
8)Provides technical cleanup of the Water Code as it relates to
the SWRCB, update references to "Fish and Game" within the
Water Code, and repeal outdated provisions within the Water
Code.
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
requirement to follow the full rulemaking process as outlined in
the 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 provides 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 of Fish and Wildlife 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. 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 deletes those
obsolete code sections.
Why only one retrocession hearing? Historically SLC has
interpreted Government Code Section 113 as requiring a public
hearing in addition to the hearing at which SLC formally accepts
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the retrocession. This bill amends Section 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 Section
113, SLC 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 SLC meetings to discuss retrocessions. In
these instances, SLC will hear all public comments, and defer
decisions until concerns are addressed.
Changes to water diversion regulations. Section 1055 of the
Water Code is revised to explicitly state that the SWRCB must
provide a party served with a complaint 20 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 Section 1728.
Water Resources Control Board Revolving Fund. This bill repeals
the Water Code Section 2862, Section 2863, Section 2866, as the
Fund it refers to no longer exists.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified5/20/15)
Sierra Club California
State Lands Commission
OPPOSITION: (Verified5/20/15)
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None received
ARGUMENTS IN SUPPORT: The State Lands Commission states that
the amendment to Government Code Section 113 "preserves a
party's right to object" to a proposed retrocession "while
simultaneously streamlining the process."
ARGUMENTS IN OPPOSITION: >
Prepared by:Angee Doerr / N.R. & W. / (916) 651-4116
5/20/15 16:40:21
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