SB 1473, as amended, Committee on Natural Resources and Water. Natural resources.
The California Constitution provides for the delegation to the Fish and Game Commission of powers relating to the protection and propagation of fish and game. Existing statutory law delegates to the commission the power to regulate the taking or possession of birds, mammals, fish,begin delete amphibia,end deletebegin insert amphibians,end insert and reptiles, except as provided. Existing law establishes procedures that are specific to regulations adopted by the commission pursuant to this authority.
This bill would clarify that those procedures apply generally to any commission regulation that governs the take or possession of any bird, mammal, fish, amphibian, or reptile, except as provided. The bill would conform certain commission rulemaking procedures to the rulemaking procedures of the Administrative Procedure Act. The bill would delete obsolete and superfluous provisions, make organizational changes, delete obsolete cross references, and make other conforming changes.
Existing law confirms a 1946 grant of tidelands and submerged lands in trust to the City of Santa Monica, with the exception of certain described lands reserved to the state, subject to certain conditions. Existing law authorizes additional uses of those lands relating to the construction of transportation infrastructure and public facilities, authorizes the city to execute franchises and leases for terms not exceeding 99 years with respect to those lands, authorizes expenditure of revenues from the granted lands for specified purposes, and authorizes the city to sell its interest in portions of the granted lands to the state for freeway or park purposes. Existing law also grants certain tidelands and submerged lands in trust to the City of Los Angeles and the County of Los Angeles, subject to the same conditions and authorized uses. Under existing law, those provisions are not operative unless and until a specified master plan is reviewed by the State Lands Commission and approved by the Legislature. Existing law authorizes the City of Santa Monica, the City of Los Angeles, and the County of Los Angeles to enter into a joint exercise of powers agreement to accomplish their common purposes with respect to the granted lands, and requires the net revenues from the granted lands to be divided between the state and local jurisdictions, as provided. Existing law requires title to the granted lands to revert to the state if those lands are not improved in accordance with the master plan within 10 years after approval of the master plan, subject to the rights of any lessee, franchise holder, or holder of any security interest or other contractual privilege with respect to the lands.
This bill would repeal those provisions. As a result, the bill would restore the 1946 grant of tidelands and submerged lands in trust to the City of Santa Monica, subject to the terms and conditions of that grant, and, with respect to those tidelands and submerged lands granted to the City of Los Angeles and the County of Los Angeles, would restore jurisdiction over those lands to the State Lands Commission.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
The heading of Chapter 2 (commencing with
2Section 200) of Division 1 of the Fish and Game Code is amended
3to read:
4
The heading of Article 1 (commencing with Section
8200) of Chapter 2 of Division 1 of the Fish and Game Code is
9amended to read:
10
Section 200 of the Fish and Game Code is amended
14to read:
(a) There is hereby delegated to the commission the power
16to regulate the taking or possession of birds, mammals, fish,
17amphibians, and reptiles.
18(b) No power is delegated to the commission by this section to
19regulate either of the following:
20(1) The taking, possessing, processing, or use of fish,
21amphibians, kelp, or other aquatic plants for commercial purposes.
22(2) The taking or possession of a spike buck or spotted fawn.
23“Spotted fawn” means a deer one year of age or less that has
24spotted pelage. “Spike buck” means a male deer with unbranched
25antlers on both sides that are more than three inches
in length.
26(c) This section and any regulations adopted pursuant to this
27section have no effect on any provision of this code or any
28regulation adopted pursuant to this code that relates to a matter
29described in paragraph (1) of subdivision (b).
Section 202 of the Fish and Game Code is repealed.
Section 204 of the Fish and Game Code is repealed.
Section 205.1 of the Fish and Game Code is repealed.
Section 206 of the Fish and Game Code is amended
2and renumbered to read:
(a) The commission shall hold no fewer than eight regular
4meetings per calendar year, if the commission has adequate funding
5for related travel, including funding for department travel. The
6commission may also hold special meetings or hearings to receive
7additional input from the department and the public.
8(b) The commission shall announce the dates and locations of
9meetings for the year by January 1 of that year, or 60 days prior
10to the first meeting, whichever comes first. Meeting locations shall
11be accessible to the public and located throughout the state. To the
12extent feasible, meetings shall be held in state facilities. In setting
13the dates and locations for regular meetings, the commission shall
14also consider the following factors:
15(1) Recommendations of the department.
16(2) Opening and closing dates of fishing and hunting seasons.
17(3) The schedules of other state and federal regulatory agencies
18whose regulations affect the management of fish and wildlife of
19this state.
20(c) The commission shall cause the notice of the schedule for
21regular meetings, and notice of any change in the date and location
22of a meeting, to be disseminated to the public in a manner that will
23result in broad dissemination and that complies with the
24Administrative Procedure Act (Chapter 3.5 (commencing with
25Section 11340) of Part 1 of Division 3 of Title 2 of the Government
26Code).
Section 207 of the Fish and Game Code is repealed.
Section 210 of the Fish and Game Code is repealed.
Section 211 of the Fish and Game Code is repealed.
Section 215 of the Fish and Game Code is repealed.
Section 217.5 of the Fish and Game Code is repealed.
Section 217.6 of the Fish and Game Code is repealed.
Section 218 of the Fish and Game Code is repealed.
Section 220 of the Fish and Game Code is repealed.
Article 1.5 (commencing with Section 240) of Chapter
362 of Division 1 of the Fish and Game Code is repealed.
Article 2 (commencing with Section 250) of Chapter
382 of Division 1 of the Fish and Game Code is repealed.
Article 2 (commencing with Section 250) is added
40to Chapter 2 of Division 1 of the Fish and Game Code, to read:
(a) Except as provided in subdivision (b), this article
4applies to a commission regulation that governs the take or
5possession of any bird, mammal, fish, amphibian, or reptile.
6(b) This article does not apply to a regulation governed by
7subdivision (b) of Section 200 or Section 201.
8(c) Except as expressly provided, this article does not supersede
9any other applicable law that governs the adoption, amendment,
10or repeal of a regulation.
(a) When adopting, amending, or repealing a regulation
12governed by this article, the commission shall conduct the
13following steps at separate public meetings:
14(1) Approve the submission of a notice of proposed action to
15the Office of Administrative Law.
16(2) Consider public comment on the proposed action. The
17department shall participate in this process by reviewing and
18responding to all public comment.
19(3) Make a final decision on the proposed action.
20(b) The meetings required by this section may be regular or
21special meetings.
22(c) The meetings required by this section shall be duly noticed
23to the public in accordance with subdivision (c) of Section 110
24and the Administrative Procedure Act (Chapter 3.5 (commencing
25with Section 11340) of Part 1 of Division 3 of Title 2 of the
26Government Code).
27(d) Within 45 days after the commission makes a final decision
28to adopt, amend, or repeal a regulation governed by this article,
29the department shall publish and distribute the regulation to each
30county clerk, district attorney, and judge of the superior court in
31the state.
(a) The commission and the department may do anything
33that is deemed necessary and proper to publicize and distribute a
34regulation governed by this article so that persons likely to be
35affected will be informed of them. The failure of the commission
36to provide any notice of a regulation governed by this article,
37beyond what is required by Chapter 3.5 (commencing with Section
3811340) of Part 1 of Division 3 of Title 2 of the Government Code,
39does not impair the validity of the regulations.
P6 1(b) Notwithstanding any other law, the commission and the
2department may contract with private entities to print regulations
3governed by this article, and other public information. The printing
4contract shall include criteria to ensure that the public information
5
provided in the publication is easy to reference, read, and
6understand.
7(c) Printing contracts authorized by this section for which no
8state funds are expended are not subject to Chapter 2 (commencing
9with Section 10290) of Part 2 of Division 2 of the Public Contract
10Code, except for Article 2 (commencing with Section 10295) of
11Chapter 2 of Part 2 of Division 2 of the Public Contract Code.
12(d) Material printed pursuant to subdivision (b) that contains
13advertisements shall meet all specifications prescribed by the
14department. The printed material shall not contain advertisements
15for tobacco products, alcohol, firearms, and devices prohibited
16pursuant to Section 32625 of the Penal Code, Article 2
17(commencing with Section 30600) of Chapter 2 of Division 10 of
18Title 4 of Part 6 of the Penal Code, or any provision listed in
19Section 16590 of the Penal Code, or firearms not authorized by
20
the commission as a legal method of sport hunting, political
21statements, solicitations for membership in organizations, or any
22other statement, solicitation, or product advertisement that is in
23conflict with the purposes for which the material is produced, as
24determined by the commission.
25(e) Neither the department nor the commission shall contract
26with private entities to print the materials described in subdivision
27(b) if the letting of those contracts will result in the elimination of
28civil service positions.
29(f) The department or the license agent may give a copy of the
30current applicable published regulations governed by this article
31to each person issued a license, at the time the license is issued.
A regulation governed by this article is not subject to the
33time periods for the adoption, amendment, or repeal of a regulation
34prescribed in Sections 11343.4, 11346.4, 11346.8, and 11347.1 of
35the Government Code.
The adoption, amendment, or repeal of a regulation
37governed by this article shall become effective at the time specified
38in the regulation, but not sooner than the date of the filing.
A regulation governed by this article shall remain in effect
2for the period specified in the regulation or until superseded by
3subsequent regulation of the commission or by statute.
Section 300 of the Fish and Game Code is repealed.
Chapter 3.5 (commencing with Section 399) is added
6to Division 1 of the Fish and Game Code, to read:
7
Notwithstanding any other provision of this code, the
11commission, when adopting, amending, or repealing a regulation
12pursuant to authority vested in it by this code, may, after at least
13one hearing, adopt, amend, or repeal that regulation pursuant to
14Section 11346.1 of the Government Code, if it makes either of the
15following findings:
16(a) That the adoption, amendment, or repeal is necessary for
17the immediate conservation, preservation, or protection of birds,
18mammals, fish, amphibians, or reptiles, including, but not limited
19to, their nests or eggs.
20(b) That the adoption, amendment, or repeal is necessary for
21the immediate preservation of the public peace, health and safety,
22or general
welfare.
Section 460 of the Fish and Game Code is amended
24to read:
Prior to each meeting of the commission at which the
26commission considers the regulation of deer and takes action
27pursuant to paragraph (1) of subdivision (a) of Section 255, the
28department shall recommend to the commission those deer herd
29units to be placed under a general deer hunting season. At the same
30time, the department shall recommend to the commission, subject
31to the provisions of Sections 458 and 459, whether any antlerless
32deer should be taken and in what deer herd units antlerless deer
33are to be taken. If in the judgment of the department there are deer
34herd units in which hunting pressure would adversely affect the
35deer herd, impair the hunting experience, or endanger the public
36safety, the department shall also recommend to the commission
37those deer herd units where hunter numbers should be
restricted
38and which should be removed from the general deer hunting season
39designation. The department shall inform the commission of the
40condition of each deer herd unit. Upon receipt of the
P8 1recommendations and information required in this section, the
2commission shall make that material known to the public and its
3determinations regarding proposed regulations. The
4recommendations of the department shall, in accordance with the
5provisions of Sections 458 and 459, include the number, if any,
6of antlerless deer that should be taken in deer herd units, whether
7the permits should be either-sex permits, the proposed dates for
8the taking, and the number of permits proposed for each deer herd
9unit. At the same time, the department shall recommend the
10establishment of any hunter-restricted quota units, if needed, and
11the number of the quota and manner in which the quota permits
12should be issued.
Section 1053.5 of the Fish and Game Code is
14amended to read:
Applicants for hunting licenses shall first satisfactorily
16complete a hunter education equivalency examination and obtain
17a certificate of equivalency as provided by regulations adopted by
18the commission, or show proof of completion of a hunter education
19training course, or show a previous year’s hunting license.
Section 2076.5 of the Fish and Game Code is
21amended to read:
Notwithstanding Sections 2071 to 2075.5, inclusive,
23the commission may adopt a regulation that adds a species to the
24list of endangered species or to the list of threatened species as an
25emergency regulation pursuant to Chapter 3.5 (commencing with
26Section 399) of Division 1 if the commission finds that there is
27any emergency posing a significant threat to the continued
28existence of the species. The commission shall notify affected or
29interested persons of the adoption of the emergency regulation
30pursuant to the methods described in Section 2074.4.
Article 1.5 (commencing with Section 7110) is added
32to Chapter 1 of Part 2 of Division 6 of the Fish and Game Code,
33to read:
34
(a) The commission may establish by regulation an
38automatic process to conform its sport fishing regulations to federal
39regulations.
P9 1(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of
2Division 3 of Title 2 of the Government Code does not apply to
3conforming actions implemented pursuant to the automatic process
4specified in subdivision (a).
5(c) The department shall provide public notice of a conforming
6action implemented pursuant to this section.
(a) The department shall identify property it owns or
8manages that includes areas for sport fishing accessible to persons
9with disabilities.
10(b) Commencing with the booklet of sport fishing regulations
11published by the commission in 1986, the availability of sport
12fishing areas, identified by the department as accessible to persons
13with disabilities under subdivision (a), shall be noted in the booklet
14of regulations, together with telephone numbers and instructions
15for obtaining a list of those areas from regional department offices.
16(c) Commencing with the booklet of sport fishing regulations
17published in 1987, the booklet shall also contain any human health
18advisories relating to
fish that are formally issued by the State
19Department of Public Health, or summaries of those human health
20advisories. The summaries shall be prepared in consultation with
21the State Department of Public Health.
Section 7120 of the Fish and Game Code is amended
23to read:
It is unlawful for any person to possess more than one
25daily bag limit of any fish taken under a license issued pursuant
26to Section 714 or Article 3 (commencing with Section 7145) unless
27authorized by regulations adopted by the commission.
Section 11343.4 of the Government Code is amended
29to read:
(a) Except as otherwise provided in subdivision (b),
31a regulation or an order of repeal required to be filed with the
32Secretary of State shall become effective on a quarterly basis as
33follows:
34(1) January 1 if the regulation or order of repeal is filed on
35September 1 to November 30, inclusive.
36(2) April 1 if the regulation or order of repeal is filed on
37December 1 to February 29, inclusive.
38(3) July 1 if the regulation or order of repeal is filed on March
391 to May 31, inclusive.
P10 1(4) October 1 if the regulation or order of repeal is filed on June
21 to August 31,
inclusive.
3(b) The effective dates in subdivision (a) shall not apply in all
4of the following:
5(1) The effective date is specifically provided by the statute
6pursuant to which the regulation or order of repeal was adopted,
7in which event it becomes effective on the day prescribed by the
8statute.
9(2) A later date is prescribed by the state agency in a written
10instrument filed with, or as part of, the regulation or order of repeal.
11(3) The agency makes a written request to the office
12demonstrating good cause for an earlier effective date, in which
13case the office may prescribe an earlier date.
14(4) (A) A regulation adopted by the Fish and Game Commission
15that is governed
by Article 2 (commencing with Section 250) of
16Chapter 2 of Division 1 of the Fish and Game Code.
17(B) A regulation adopted by the Fish and Game Commission
18that requires a different effective date in order to conform to a
19federal regulation.
Section 131052 of the Health and Safety Code is
21amended to read:
In implementing the transfer of jurisdiction pursuant
23to this article, the State Department of Public Health succeeds to
24and is vested with all the statutory duties, powers, purposes,
25responsibilities, and jurisdiction of the former State Department
26of Health Services as they relate to public health as provided for
27or referred to in all of the following provisions of law:
28(1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5,
292249, 2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037,
304191, 19059.5, 19120, 22950, 22973.2, and 22974.8 of the
31Business and Professions Code.
32(2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.
33(3) Sections
8286, 8803, 17613, 32064, 32065, 32066, 32241,
3449030, 49405, 49414, 49423.5, 49452.6, 49460, 49464, 49565,
3549565.8, 49531.1, 56836.165, and 76403 of the Education Code.
36(4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486
37of the Food and Agricultural Code.
38(5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909
39of the Family Code.
P11 1(6) Sections 1786, 4011, 5671, 5674, 5700, 5701, 5701.5, 7115,
27715, and 15700 of the Fish and Game Code.
3(7) Sections 855, 51010, and 551017.1 of the Government Code.
4For purposes of subdivision (s) of Section 6254 of the Government
5Code, the term “State Department of Health Services” is hereby
6deemed to refer to the State Department of Public Health.
7(8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457,
81505, 1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87,
92002, 2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24,
1011839.25, 11839.26, 11839.27, 11839.28, 11839.29, 11839.30,
1111839.31, 11839.32, 11839.33, 11839.34, 17920.10, 17961,
1218897.2, 24185, 24186, 24187, 24275, 26101, 26122, 26134,
1326155, 26200, and 26203.
14(B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4,
154.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.
16(C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of
17Part 1, Part 2 and Part 3 of Division 101.
18(D) Division 102, including Sections 102230 and 102231.
19(E) Division 103, including Sections 104145, 104181,
104182,
20104182.5, 104187, 104191, 104192, 104193, 104316, 104317,
21104318, 104319, 104320, 104321, 104324.2, 104324.25, 104350,
22105191, 105251, 105255, 105280, 105340, and 105430.
23(F) Division 104, including Sections 106615, 106675, 106770,
24108115, 108855, 109282, 109910, 109915, 112155, 112500,
25112650, 113355, 114460, 114475, 114650, 114710, 114850,
26114855, 114985, 115061, 115261, 115340, 115736, 115880,
27115885, 115915, 116064, 116183, 116270, 116365.5, 116366,
28116375, 116610, 116751, 116760.20, 116825, 117100, 117924,
29and 119300.
30(G) Division 105, including Sections 120262, 120381, 120395,
31120440, 120480, 120956, 120966, 121155, 121285, 121340,
32121349.1, 121480, 122410, and 122420.
33(H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of Chapter
343, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2, Part
35
7, and Part 8 of Division 106.
36(9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10,
3710123.184, and 11520 of the Insurance Code.
38(10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1,
396359, 6712, 9009, and 9022 of the Labor Code.
P12 1(11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515,
27518, 7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990
3of the Penal Code.
4(12) Section 4806 of the Probate Code.
5(13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830,
643210, 43308, 44103, and 71081 of the Public Resources Code.
7(14) Section 10405 of the Public Contract Code.
8(15) Sections 883, 1507, and 7718 of the Public Utilities Code.
9(16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863,
1030461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.
11(17) Section 11020 of the Unemployment Insurance Code.
12(18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle
13Code.
14(19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909,
15and Division 24 of the Welfare and Institutions Code. Payment
16for services provided under the Family Planning, Access, Care,
17and Treatment (Family PACT) Waiver Program pursuant to
18subdivision (aa) of Section 14132 and Division 24 shall be made
19through the State Department of Health Care Services. The State
20Department of
Public Health and the State Department of Health
21Care Services may enter into an interagency agreement for the
22administration of those payments. This paragraph, to the extent
23that it applies to the Family PACT Waiver Program, shall become
24inoperative on June 30, 2012.
25(20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392,
2613392.5, 13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528,
2713529, 13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554,
2813554.2, 13816, 13819, 13820, 13823, 13824, 13825, 13827,
2913830, 13834, 13835, 13836, 13837, 13858, 13861, 13862, 13864,
3013868, 13868.1, 13868.3, 13868.5, 13882, 13885, 13886, 13887,
3113891, 13892, 13895.1, 13895.6, 13895.9, 13896, 13896.3,
3213896.4, 13896.5, 13897, 13897.4, 13897.5, 13897.6, 13898,
3314011, 14012, 14015, 14016, 14017, 14019, 14022, 14025, 14026,
3414027, and 14029 of the Water Code.
begin insertSection 30315 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
36amended to read:end insert
(a) The commission shall meet at least 11 times
38annually at a place convenient to the public. Each meeting shall
39occur not more than 45begin insert workingend insert days after the previous meeting.
40All meetings of the commission shall be open to the public.
P13 1(b) A majority of the total appointed membership of the
2commission shall constitute a quorum. An action taken by the
3commission under this division requires a majority vote of the
4members present at the meeting of the commission, with a quorum
5being present, unless otherwise specifically provided for in this
6division.
begin insertSection 30621 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
8amended to read:end insert
(a) The commission shall provide for a de novo public
10hearing on applications for coastal development permits and any
11appeals brought pursuant to this division and shall give to any
12affected person a written public notice of the nature of the
13proceeding and of the time and place of the public hearing. Notice
14shall also be given to any person who requests, in writing, such
15notification. A hearing on any coastal development permit
16application or an appeal shall be set no later than 49begin insert workingend insert days
17after the date on which the application or appeal is filed with the
18commission.
19(b) An appeal that is properly submitted shall
be considered to
20be filed when any of the following occurs:
21(1) The executive director determines that the appeal is not
22patently frivolous pursuant to subdivision (d) of Section 30620.
23(2) The five-day period for the executive director to determine
24whether an appeal is patently frivolous pursuant to subdivision (d)
25of Section 30620 expires without that determination.
26(3) The appellant pays the filing fee within the five-day period
27set forth in subdivision (d) of Section 30620.
Chapter 1700 of the Statutes of 1967 is repealed.
O
97