BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           997 (Dickerson)
          
          Hearing Date:  8/5/02           Amended: 6/19/02       
          Consultant:  Miriam B. Ingenito              Policy Vote:  
          NR&W 7-0                 
          ____________________________________________________________ 
          ___
          BILL SUMMARY:  AB 997 would exempt from Department of Fish  
          and Game (DFG) review "routine or minor maintenance" on  
          previously permitted stream diversions and crossings,  
          provided that the activities do not impair a streambed or  
          divert a stream.

                              Fiscal Impact (in thousands)
           
          Major Provisions            2002-03            2003-04               
           2004-05              Fund  
          
          Admin. & Enforcement     Unknown costs, potentially in the hundreds   
           General
                                                         of thousands  
          annually.

          
          STAFF COMMENTS:  This bill may meet the criteria for  
          referral to the Suspense file.

          DFG believes that AB 997 would increase workload because of  
          confusion as to the types of activities that are subject to  
          the Fish and Game Code Section 1603.  According to DFG, AB  
          997 would result in unknown costs related (1) to additional  
          programmatic and legal staff to research previous permits  
          and to make determinations whether the proposed activity is  
          "routine or minor maintenance;" and (2) to additional  
          wardens to enforce the provisions of AB 997.  

          STAFF NOTES that according to DFG, the total number of  
          notifications received would not decrease as a result of  
          this bill because this section of the Fish and Game Code  
          does not apply to routine or minor maintenance if that  
          maintenance does not result in the impairment of the  
          streambed or diversion of a stream.  Section 1603 requires  
          any person to notify DFG before commencing any activity  
          that will substantially divert or obstruct the natural flow  










          or substantially change the bed, channel, or bank of any  
          river, stream, or lake in the State, or use any material  
          from a streambed.  (Section 1601 has a similar notification  
          requirement, except it applies to any diversion,  
          obstruction, or change, rather than to substantial ones  
          only.)  Hence, if a person is going to undertake an  
          activity that will  not  impair a streambed (i.e., will not  
          substantially change the bed, channel, or bank) or divert a  
          stream (whether the activity is "routine and minor  
          maintenance" or something else), he or she would not need  
          to notify DFG under Section 1603.  

          STAFF NOTES that "routine or minor" maintenance is not  
          defined and that by defining this term in regulation or in  
          statute, the potential confusion that DFG fears may be  
          eliminated.  Additionally, by clearly defining what is  
          included in routine or minor maintenance, DFG costs  
          incurred in determining whether the proposed activity  
          qualifies for this exemption may be reduced.