BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 618
                                                                  Page  1

          Date of Hearing:   May 15, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                      AB 618 (Perea) - As Amended:  May 2, 2013

          Policy Committee:                              Natural  
          ResourcesVote:5-3
                        Public Safety                             7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill makes a person who violates any posted regulation  
          adopted by the San Joaquin River Conservancy (Conservancy)  
          guilty of an infraction punishable by a maximum fine of $250.   
          This bill also authorizes any California peace officer to  
          enforce any regulation adopted by the Conservancy.

           FISCAL EFFECT  

          Potential minor local costs for enforcement, offset to some  
          extent by fine revenues.


           COMMENTS  

           1)Rationale.   In 2009, a fire on lands within the San Joaquin  
            River Parkway (Parkway), but not on Conservancy-owned  
            property, resulted in severe damage to two homes.  Since then,  
            state and local agencies with jurisdiction in the area have  
            been working to adopt regulations for reasonable, safe, public  
            access and use in the Parkway.  

             Existing law prohibits a state agency from adopting or  
            enforcing any rule or regulation that results in the  
            imposition of a fine unless a statute specifically authorizes  
            the fine.    

             As such, the Conservancy may adopt and enforce regulations  
            governing the use, protection, and management of the Parkway  
            but is not authorized to establish violation penalties.   








                                                                  AB 618
                                                                  Page  2

            Without this bill, the Conservancy would have to enforce its  
            regulations through civil lawsuits.

           2)Background.   The Conservancy was created by the Legislature  
            through the enactment of AB 2452 (Costa), Chapter 1012,  
            Statutes of 1992.  The Conservancy is tasked with the  
            acquisition and management of public lands within the San  
            Joaquin River parkway, including approximately 5,900 acres on  
            both sides of the San Joaquin River between Friant Dam and the  
            Highway 99 crossing.   Additionally, the Conservancy is  
            responsible for the operation and maintenance of the parkway  
            and is required 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.  

           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081