BILL ANALYSIS �
AB 618
Page 1
ASSEMBLY THIRD READING
AB 618 (Perea)
As Amended May 2, 2013
Majority vote
NATURAL RESOURCES 5-3 PUBLIC SAFETY 7-0
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|Ayes:|Chesbro, Garcia, Skinner, |Ayes:|Ammiano, Melendez, |
| |Stone, Williams | |Jones-Sawyer, Mitchell, |
| | | |Quirk, Skinner, Waldron |
|-----+--------------------------+-----+--------------------------|
|Nays:|Grove, Bigelow, Patterson | | |
| | | | |
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APPROPRIATIONS 16-0
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|Ayes:|Gatto, Harkey, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, Eggman, | | |
| |Gomez, Hall, Rendon, | | |
| |Linder, Pan, Quirk, | | |
| |Wagner, Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : 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.
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
AB 618
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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: a) the use of parkway lands and activities within
the Parkway; b) the protection and management of native
riparian vegetation, wildlife, and other natural resources on
parkway lands; and c) the protection of archaeological sites.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential minor local costs for enforcement, offset
to some extent by fine revenues.
COMMENTS : 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 Conservancy Board also
directed staff and legal counsel to draft regulations that would
establish penalties for violations of the Conservancy's
regulations.
It was later discovered that Government Code Section 11145
precludes an agency from adopting regulations that can result in
a fine and/or imprisonment unless the agency is specifically
AB 618
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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 establish
penalties, the only recourse for the Conservancy to enforce its
regulations is through civil lawsuits.
Not the first conservancy with penalty authority . Under the
laws that govern the Santa Monica Mountains Conservancy, the
Legislature 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.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0000593