Senate Bill No. 1026

Introduced by Senator Nielsen

February 12, 2016

An act to amend Section 1602 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

SB 1026, as introduced, Nielsen. Department of Fish and Wildlife: lake or streambed alteration agreements.

Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.

This bill would limit the diversions and obstructions governed by these alteration agreement requirements to the diversions and obstructions that alter the bed, channel, or bank of a river, stream, or lake. The bill would exempt routine maintenance and repair of facilities for instream agricultural diversions from the alteration agreement requirements.

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

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

SECTION 1.  

Section 1602 of the Fish and Game Code is
amended to read:

1602.  

(a) An entity begin delete may end delete begin insert shall end insert not substantially begin delete divert or
obstruct end delete begin insert alter the bed, channel, or bank of any river, stream, or
lake in a manner that diverts or obstructs end insert the natural flow begin delete of, or end delete
begin insert of the river, stream, or lake, end insert substantially change or use any
material from the bed, channel, or bank begin delete of, end delete begin insert of end insert any river, stream,
or lake, or deposit or dispose of debris, waste, or other material
containing crumbled, flaked, or ground pavement where it may
pass into any river, stream, or lake, unless all of the following
occur:

(1) The department receives written notification regarding the
activity in the manner prescribed by the department. The
notification shall include, but is not limited to, all of the following:

(A) A detailed description of the project’s location and a map.

(B) The name, if any, of the river, stream, or lake affected.

(C) A detailed project description, including, but not limited to,
construction plans and drawings, if applicable.

(D) A copy of any document prepared pursuant to Division 13
(commencing with Section 21000) of the Public Resources Code.

(E) A copy of any other applicable local, state, or federal permit
or agreement already issued.

(F) Any other information required by the department.

(2) The department determines the notification is complete in
accordance with Chapter 4.5 (commencing with Section 65920)
of Division 1 of Title 7 of the Government Code, irrespective of
whether the activity constitutes a development project for the
purposes of that chapter.

(3) The entity pays the applicable fees, pursuant to Section 1609.

(4) One of the following occurs:

begin delete

(A)

end delete begin delete end delete begin delete

(i)

end delete

begin insert (A) end insert begin insert   end insert begin insert (i) end insert begin insert   end insert The department informs the entity, in writing, that the
activity will not substantially adversely affect an existing fish or
wildlife resource, and that the entity may commence the activity
without an agreement, if the entity conducts the activity as
described in the notification, including any measures in the
notification that are intended to protect fish and wildlife resources.

(ii) Each region of the department shall log the notifications of
activities where no agreement is required. The log shall list the
date the notification was received by the department, a brief
description of the proposed activity, and the location of the activity.
Each item shall remain on the log for one year. Upon written
request by any person, a regional office shall send the log to that
person monthly for one year. A request made pursuant to this
clause may be renewed annually.

(B) The department determines that the activity may
substantially adversely affect an existing fish or wildlife resource
and issues a final agreement to the entity that includes reasonable
measures necessary to protect the resource, and the entity conducts
the activity in accordance with the agreement.

(C) A panel of arbitrators issues a final agreement to the entity
in accordance with subdivision (b) of Section 1603, and the entity
conducts the activity in accordance with the agreement.

(D) The department does not issue a draft agreement to the
entity within 60 days from the date notification is complete, and
the entity conducts the activity as described in the notification,
including any measures in the notification that are intended to
protect fish and wildlife resources.

(b) (1) If an activity involves the routine maintenance and
operation of water supply, drainage, flood control, or waste
treatment and disposal facilities, notice to and agreement with the
department shall not be required after the initial notification and
agreement, unless the department determines either of the
following:

(A) The work described in the agreement has substantially
changed.

(B) Conditions affecting fish and wildlife resources have
substantially changed, and those resources are adversely affected
by the activity conducted under the agreement.

(2) This subdivision applies only if notice to, and agreement
with, the department was attained prior to January 1, 1977, and
the department has been provided a copy of the agreement or other
proof of the existence of the agreement that satisfies the
department, if requested.

begin insert

(c) This section does not apply to the routine maintenance and
repair of facilities for instream agricultural irrigation diversions.

end insert begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  It is unlawful for any person to violate this chapter.