BILL ANALYSIS �
AB 1506
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Date of Hearing: April 30, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1506 (Perea) - As Introduced: January 14, 2014
Policy Committee: Natural
ResourcesVote:9-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill creates an infraction punishable by a maximum fine of
$250 for violating any posted regulation adopted by the San
Joaquin River Conservancy (Conservancy). This bill also
authorizes any California peace officer to enforce any
regulation adopted by the Conservancy.
FISCAL EFFECT
Potential minor non reimbursable 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 and safe
public access to 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.
Without this bill, the Conservancy would have to enforce its
regulations through civil lawsuits.
AB 1506
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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.
3)Prior Legislation. This bill is identical to last year's AB
618 (Perea), which died on the Assembly inactive file without
a floor vote.
Analysis Prepared by : Jennifer Galehouse / APPR. / (916)
319-2081