BILL ANALYSIS �
AB 618
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Date of Hearing: April 1, 2013
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 618 (Perea) - As Introduced: February 20, 2013
SUBJECT : San Joaquin River Conservancy: adoption of
regulations: violations: penalties
SUMMARY : Makes it a misdemeanor punishable by a fine of up to
$1,000 and/or imprisonment in the county jail not exceeding 90
days for any person who violates any regulation adopted by the
San Joaquin River Conservancy (Conservancy) governing lands
owned or managed by the Conservancy.
EXISTING LAW :
1)Creates the Conservancy to acquire and manage public lands
within the San Joaquin River Parkway (Parkway), which consists
of the San Joaquin River and approximately 5,900 acres on both
sides of the river between Friant Dam and the Highway 99
crossing.
2)Requires the Conservancy to acquire and manage lands in the
Parkway to provide a harmonious combination of low-impact
recreational and educational uses and wildlife protection
through the preservation of the San Joaquin River, existing
publicly owned lands, the wildlife corridor, and natural
reserves.
3)Requires the Conservancy to be responsible for operation and
maintenance of the parkway.
4)Requires the Conservancy to close to the public any lands or
facilities that it is unable to maintain in a clean and safe
manner and to adequately protect the wildlife and rights of
adjacent property owners from the public.
5)Prohibits the Conservancy from levying a tax, regulating land
use, or exercising the power of eminent domain.
6)Authorizes the Conservancy to adopt and enforce regulations
governing (1) the use of parkway lands and activities within
the parkway; (2) the protection and management of native
riparian vegetation, wildlife, and other natural resources on
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parkway lands; and (3) the protection of archaeological sites.
THIS BILL :
1)Makes it a misdemeanor punishable by a fine of up to $1,000,
or imprisonment in the county jail not exceeding 90 days, or
by both the fine and imprisonment for any person who violates
any regulation adopted by the Conservancy governing lands
owned or managed by the Conservancy. Upon the recommendation
of the prosecuting attorney, a judge is authorized to reduce
the charged offense from a misdemeanor to an infraction. A
person convicted of the offense after this reduction shall be
punished by a fine of not less than $100 nor more than $500.
2)Allows any duly authorized California peace officer to enforce
any regulation adopted by the Conservancy governing lands
owned or managed by the Conservancy.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. According to the author, "[s]ince the summer of
2009, when a human-caused fire on lands within the Parkway
(but not on Conservancy property) resulted in severe damage to
two homes, state and local agencies with jurisdiction in the
area have been working to adopt regulations for reasonable,
safe public access and use on these conservation lands."
As part of this process, the Conservancy Board, which consists
of local officials and representatives from various state
agencies, directed Conservancy staff and legal counsel to
begin the process of drafting regulations governing public
access to, and use of, Conservancy-owned lands. The Board's
direction included drafting of regulations addressing, among
other things, hours of public use, camping, campfires,
fireworks prohibition, dogs, firearms prohibition, alcohol,
motor vehicles, bicycles, noise, vandalism, trash and waste
dumping, wildlife protection, native vegetation protection,
and historical and cultural resource protection. The Board
also directed staff and legal counsel to draft regulations
that would establish penalties for violating the Conservancy's
regulations.
It was later discovered that section 11145 of the Government
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Code precludes an agency from adopting regulations that can
result in a fine and/or imprisonment unless the agency is
specifically authorized to do so by statute. Although the
Conservancy's enabling statute authorizes it to adopt and
enforce regulations governing the use, protection, and
management of the Parkway, these laws do not expressly
authorizes the Conservancy to adopt regulations that establish
violation penalties. As such, the Attorney General's Office
advised the Conservancy that it could not adopt regulations
establishing penalties under its existing legislative rule
making authority.
Without legislation that authorizes the Conservancy to adopt
regulations that establish penalties, the only recourse for
the Conservancy to enforce its regulations is through civil
lawsuits. There are also existing trespass laws and "no
shooting" ordinances that could be utilized, but according to
the Conservancy's executive officer, law enforcement agencies
have advised that these laws are too weak for effective
management and enforcement.
2)Not the first conservancy with a penalty provision . Under the
laws that govern the Santa Monica Mountains Conservancy, the
Legislature has created misdemeanor penalties for three
different types of acts: (1) dumping refuse matter; (2)
injuring, defacing, or destroying any property owned or
managed by the conservancy or any of the natural features
thereof; and (3) violation of the posted conditions of use on
any property owned or managed by the conservancy.
3)Double referral . This bill is double-referred to Public
Safety Committee.
AB 618
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REGISTERED SUPPORT / OPPOSITION :
Support
Madera County Board of Supervisors
RiverTree Volunteers, Inc.
San Joaquin River Parkway and Conservation Trust
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092