BILL NUMBER: AB 838 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 25, 2011
INTRODUCED BY Assembly Member Hill
FEBRUARY 17, 2011
An act to amend Section 5093.50 of the Public Resources
Code, relating to natural resources. An act to add
Chapter 5 (commencing with Section 71033) to Part 1 of
Division 34 of the Public Resources Code, relating to environmental
protection.
LEGISLATIVE COUNSEL'S DIGEST
AB 838, as amended, Hill. Natural resources: wild and
scenic rivers. Environmental protection: permits:
regulations.
(1) Existing law requires the Secretary for Environmental
Protection to establish a process, to be used at the request of a
permit applicant for a project that requires permits from 2 or more
environmental agencies, for the designation of a consolidated permit
agency for the project.
This bill would require the secretary to identify, prior to the
adoption of policies, rules, or regulations by an environmental
agency, as defined, whether the policies, rules, or regulations
overlap, duplicate, or conflict with existing statutes, policies,
rules, or regulations. The bill would require the secretary to
establish an expedited conflict resolution process by which a
petitioner or applicant may request resolution of conflicts that
arise in the permitting process, as provided, if the petitioner or
applicant demonstrates that a failure to resolve the conflict will
result in pollution being transferred to other media or locations or
prevent control of an existing source of pollution having
significantly greater environmental or public health impacts. Because
an environmental agency, which includes a local air pollution
control or air quality management district, would be required to take
a specific action, this bill would impose a state-mandated local
program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law establishes that it is the policy of the state that
certain rivers that possess extraordinary scenic, recreational,
fishery, or wildlife values shall be preserved in their free-flowing
state, together with their immediate environments, for the benefit
and enjoyment of the people of the state.
This bill would provide that this river preservation policy shall
also be for the benefit and enjoyment of future generations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 5 (commencing with Section
71033) is added to Part 1 of Division 34 of the Public
Resources Code , to read:
CHAPTER 5. POLICIES
71033. (a) Prior to the adoption of policies, rules, or
regulations by an environmental agency, the secretary shall identify
whether the policies, rules, or regulations overlap, duplicate, or
conflict with existing statutes, policies, rules, or regulations.
(b) The secretary shall establish an expedited conflict resolution
process by which a petitioner or applicant may request resolution of
conflicts that arise between the requirements for permits issued by
two or more environmental agencies for a single project, between two
or more offices of the same environmental agency, or by the same
office of an environmental agency at two different times, if the
petitioner or applicant demonstrates that a failure to resolve the
conflict will result in pollution being transferred to other media or
locations or prevent control of an existing source of pollution
having significantly greater environmental or public health impacts.
(c) This section does not weaken or undermine in any manner any
human health, public or worker rights, public welfare, environmental,
or other protection established under statute. This section does not
affect the authority or requirement for an environmental agency to
adopt regulations as provided by statute.
(d) For purposes of this section "environmental agency" means the
Department of Toxic Substances Control, the Department of Pesticide
Regulation, the State Air Resources Board, the State Water Resources
Control Board, the Office of Environmental Health Hazard Assessment,
a California regional water quality control board, and a district, as
defined in Section 39025 of the Health and Safety Code.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 5093.50 of the Public
Resources Code is amended to read:
5093.50. It is the policy of the State of California that certain
rivers that possess extraordinary scenic, recreational, fishery, or
wildlife values shall be preserved in their free-flowing state,
together with their immediate environments, for the benefit and
enjoyment of the people of the state and future generations. The
Legislature declares that such use of these rivers is the highest and
most beneficial use and is a reasonable and beneficial use of water
within the meaning of Section 2 of Article X of the California
Constitution. It is the purpose of this chapter to create a
California Wild and Scenic Rivers System to be administered in
accordance with the provisions of this chapter.