SB 1345, as introduced, Committee on Natural Resources and Water. Natural Resources.
The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. A violation of the act is a crime.
Existing law authorizes a person who intends to become a working forest landowner, as defined, to file a working forest management plan with the department, with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of the plan. Existing law requires the working forest landowner who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved plan, and who plans to harvest any of the timber during a given year, to file a working forest harvest notice, as defined, with the department in writing. Existing law exempts the Southern Subdistrict of the Coast Forest District, as described in regulations, from these provisions.
This bill would correct an erroneous cross reference to the regulations describing the Southern Subdistrict of the Coast Forest District.
Existing law provides the Central Valley Flood Protection Board with the authority to construct and maintain various flood control works. Existing law makes it unlawful for any person or public agency to interfere with, obstruct the performance, maintenance, or operation of, or otherwise take actions that may adversely affect facilities of the State Plan of Flood Control, designated floodways, or streams that are regulated by the board. Existing law authorizes the board to order the removal, modification, or abatement of an encroachment, flood system improvement, or activity causing a violation, as specified, and to collect the costs from the responsible party by whatever legal remedy is available, including, the placement of a lien on the responsible party’s property. Existing law authorizes the board or the board’s designee to record the lien with the county clerk in the county where the party’s property is located.
This bill would make a nonsubstantive change to these provisions.
Existing law, the Wholesale Regional Water System Security and Reliability Act, requires the City and County of San Francisco to adopt a specified program of capital improvement projects designed to restore and improve the bay area regional water system, as defined, and to submit a report, on or before September 1 of each year, to various entities describing the progress made on the implementation of the capital improvement program during the previous fiscal year. Existing law requires a regional wholesale water supplier to annually submit a report to the Legislature and the State Department of Public Health describing the progress made on securing supplemental sources of water to augment existing supplies during dry years. Existing law makes the act inoperative and repeals these provisions on January 1, 2015.
This bill would extend the repeal date of the act to January 1, 2022. By extending the period of time during which certain requirements would apply to regional wholesale water suppliers and the City and County of San Francisco, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 4597.22 of the Public Resources Code
2 is amended to read:
This article shall not apply to the Southern Subdistrict
4of the Coast Forest District, asbegin delete definedend deletebegin insert describedend insert in Sectionbegin delete 845.1end delete
5begin insert 895.1end insert of Title 14 of the California Code of Regulations.
Section 8704.2 of the Water Code is amended to read:
(a) Pursuant to subdivision (f) of Section 8701.4, the
8board or the board’s designee shall have the authority to record a
9lien with the countybegin delete clerkend deletebegin insert recorderend insert in the county of this state where
10the person’s or agency’s property responsible for the violation is
11located, to recover any and all of the following:
12(1) Costs incurred in abating, removing, and restoring a
13violation, including, but not limited to, costs incurred in seeking
14modification, removal, abatement, or restoration pursuant to this
15part.
16(2) Costs incurred in the summary abatement of emergencies.
17(3) Attorney’s fees associated with actions to enforce this part.
18(b) A lien recorded pursuant to this section shall have the same
19force, effect, and priority as a judgment lien.
20(c) Before recording a lien, the board shall provide notice and
21an opportunity for a hearing to contest the amount of the lien.
22(1) Notice shall be provided at least 20 days before the hearing
23pursuant to Section 8703.
24(2) The hearing required by this section may be satisfied by an
25enforcement order hearing pursuant to Section 8701.4 or, in the
26summary abatement of emergencies, a hearing pursuant to Section
278708.
Section 73514 of the Water Code is amended to read:
This division shall remain in effect only until January
301,begin delete 2015,end deletebegin insert 2022,end insert and as of that date is repealed, unless a later enacted
31statute, that is enacted before January 1,begin delete 2015,end deletebegin insert 2022,end insert deletes or
32extends that date.
No reimbursement is required by this act pursuant to
34Section 6 of Article XIII B of the California Constitution because
35a local agency or school district has the authority to levy service
P4 1charges, fees, or assessments sufficient to pay for the program or
2level of service mandated by this act, within the meaning of Section
317556 of the Government Code.
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