BILL ANALYSIS �
AB 1506
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Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1506 (Perea) - As Introduced: January 14, 2014
SUBJECT : San Joaquin River Conservancy: adoption of
regulations: violations: penalties
SUMMARY : Creates an infraction punishable by a maximum fine of
$250 for violating any posted regulation adopted by the San
Joaquin River Conservancy (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: 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.
AB 1506
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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
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 Section 11145 of the Government
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
establish penalties, the author claims that the only recourse
for the Conservancy to enforce its regulations is through
civil lawsuits.
2)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
AB 1506
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owned or managed by the conservancy.
3)Similar Legislation . This bill is identical to AB 618
(Perea), which died on the Assembly inactive file last year
without a floor vote.
REGISTERED SUPPORT / OPPOSITION :
Support
San Joaquin River Conservancy
Opposition
None on File
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092