BILL NUMBER: SB 1026	INTRODUCED
	BILL TEXT


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  may   shall  not
substantially  divert or obstruct   alter the
bed, channel, or bank of any river, stream, or lake in a manner that
diverts or obstructs  the natural flow  of, or 
 of the river, stream, or lake,  substantially change or
use any material from the bed, channel, or bank  of,
  of  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: 
   (A)  
   (i) 
    (A)     (i)    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. 
   (c) This section does not apply to the routine maintenance and
repair of facilities for instream agricultural irrigation diversions.
 
   (c) 
    (   d)  It is unlawful for any person to
violate this chapter.