BILL NUMBER: AB 954	CHAPTERED  09/19/00

	CHAPTER   498
	FILED WITH SECRETARY OF STATE   SEPTEMBER 19, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 17, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 25, 2000
	AMENDED IN SENATE   AUGUST 14, 2000
	AMENDED IN SENATE   JULY 6, 2000
	AMENDED IN ASSEMBLY   JANUARY 24, 2000
	AMENDED IN ASSEMBLY   JANUARY 4, 2000

INTRODUCED BY   Assembly Member Aroner

                        FEBRUARY 25, 1999

   An act to amend Section 66632.4 of the Government Code, relating
to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 954, Aroner.   Public resources.
   Existing law sets forth a comprehensive plan for the conservation
of the water of the San Francisco Bay and the development of its
shoreline.  Other existing law, the Suisun Marsh Preservation Act of
1977, sets forth a comprehensive plan for the preservation and
protection of the Suisun Marsh.  Existing law delegates authority for
implementing these plans to the San Francisco Bay Conservation and
Development Commission.
   Existing law requires any person or governmental agency wishing to
place fill, to extract materials, or to make any substantial change
in the use of any water, land, or structure within the shoreline and
body of the bay to, among other things, secure a permit from the
commission.  Under existing law, the commission may deny an
application for a permit for a proposed project within the shoreline
band only on the ground that the project fails to provide maximum
feasible public access, consistent with the proposed project, to the
bay and its shoreline.
   This bill would provide that the foregoing limitation on the
commission's powers only applies to a portion or portions of the
shoreline band that are located outside the boundaries of
water-oriented priority land uses, as established pursuant to
specified provisions of existing law.
   This bill would also provide that when considering whether a
project provides maximum feasible public access in areas of sensitive
habitat, the commission shall, after consultation with the
Department of Fish and Game, and using the best available scientific
evidence, determine whether the access is compatible with wildlife
protection in the bay.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 66632.4 of the Government Code is amended to
read:
   66632.4.  Within any portion or portions of the shoreline band
that are located outside the boundaries of water-oriented priority
land uses, as fixed and established pursuant to Section 66611, the
commission may deny an application for a permit for a proposed
project only on the grounds that the project fails to provide maximum
feasible public access, consistent with the proposed project, to the
bay and its shoreline.  When considering whether a project provides
maximum feasible public access in areas of sensitive habitat,
including tidal marshlands and mudflats, the commission shall, after
consultation with the Department of Fish and Game, and using the best
available scientific evidence, determine whether the access is
compatible with wildlife protection in the bay.