Amended in Assembly June 17, 2014

Amended in Assembly June 10, 2014

Amended in Assembly May 27, 2014

Senate Bill No. 1345

Introduced by Committee on Natural Resources and Water (Senators Pavley (Chair), Cannella, Evans, Fuller, Hueso, Jackson, Lara, Monning, and Wolk)

February 21, 2014

An act begin delete to amend Section 1798.5 of the Fish and Game Code, end delete to amend Section 4597.22 of the Public Resources begin delete Code, end delete begin insert Code end insert and to amend Sections 8704.2, 73502, and 73514 of the Water Code, relating to natural resources.

LEGISLATIVE COUNSEL’S DIGEST

SB 1345, as amended, Committee on Natural Resources and Water. Natural resources.

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Existing law prohibits a conservation bank, mitigation bank, or conservation and mitigation bank from being operative, vested, or final unless the Department of Fish and Wildlife has approved the bank in writing and, if applicable, a conservation easement has been recorded on the site. Existing law requires the department to follow certain procedures when a person is interested in establishing a bank, including the review of a bank prospectus. If the department determines that the bank prospectus is acceptable, existing law authorizes the person interested in establishing the bank to submit a bank agreement package.

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This bill would require the Department of Fish and Wildlife, if it determines that the bank agreement package is acceptable, to approve the bank in writing within 30 business days.

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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. Existing law requires, no later than 90 days after receiving from the city and county notice of certain changes to the program or postponements of the scheduled completion dates, the Seismic Safety Commission and the State Department of Public Health to each submit to the city and county and the Joint Legislative Audit Committee written comments with regard to the significance of the change with respect to public health and safety. Existing law makes the act inoperative and repeals these provisions on January 1, 2015.

This bill would extend the time the Seismic Safety Commission and the State Department of Public Health would have to submit the written comments to 120 days and 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:

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SECTION 1.  

Section 1798.5 of the Fish and Game Code is
amended to read:

1798.5.  

(a) (1) If the department determines that a bank
prospectus is acceptable pursuant to Section 1798, the person
seeking to establish the bank may submit a bank agreement package
to the department. Pursuant to subdivision (c) of Section 1799.1,
the department may adopt and amend guidelines and criteria for
the bank agreement package, including, but not limited to,
recommended standard forms for bank enabling instruments or
long-term management plan and conservation easements.

(2) The bank agreement package shall be consistent with the
prospectus and contain at least all of the following information:

(A) The draft bank enabling instrument and all exhibits.

(B) Drafts of the interim management plan, long-term
management plan, bank closure plan, and, if applicable, a
development or construction plan for the bank.

(C) A draft conservation easement or, if potential state
ownership is contemplated by the department, a draft grant deed.

(D) A map and written description of the proposed bank service
area.

(E) A proposed credit ledger and credit release schedule for the
bank.

(F) A property analysis record or other comparable economic
analysis of the funding necessary to support bank maintenance
activities, such as monitoring and reporting, in perpetuity.

(G) Estimates of financial assurances and proposed forms of
security. Proposed forms of security may be either cash or a letter
of credit.

(H) A phase I environmental site assessment of the site of the
proposed bank dated not more than six months before the date the
bank agreement package is submitted to the department. This
assessment shall be performed in accordance with the American
Society of Testing and Materials Standard E1527-05 “Standard
Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process” or any successive ASTM
standard active at the time of the assessment.

(b) The department shall collect a fee of twenty-five thousand
dollars ($25,000) per bank agreement package to fund the cost of
the department’s review services. The fee shall be collected at the
time the bank agreement package is submitted to the department.

(c) Within 30 calendar days following the department’s receipt
of a bank agreement package and fee pursuant to subdivision (a),
the department shall determine whether or not the package is
complete and give written notice of the determination to the person
who submitted the package.

(1) If the department determines that the bank agreement
package is not complete, it may be made complete and resubmitted.

(2) If the department determines that the bank agreement
package is complete, within 90 calendar days of that determination,
the department shall determine whether or not it is acceptable and
notify the person who submitted the package of the determination.
If the department determines that the bank agreement package is
not acceptable, the department shall state the reasons.

(d) The department may request clarifying information during
the bank agreement review process.

(e) If the department needs supplemental information during its
review of the bank agreement package to fully evaluate the
proposed bank, the regional manager or departmental equivalent,
or a higher level department employee, shall provide the person
seeking to establish the bank a written request for the needed
information. Upon the department’s receipt of the requested
information, a new 90-day period shall begin during which the
department shall determine acceptability pursuant to paragraph
(2) of subdivision (c). If the department does not receive the
requested information within 60 calendar days of the department’s
request, the bank agreement package will be deemed unacceptable.

(f) If the person seeking to establish the bank proposes changes
to the bank agreement package that have not been solicited by the
department during its 90-day review period, including, but not
limited to, parties, number or type of credits, bank size, number
or type of species, credit release schedule, service area, design
change, or other changes as identified by the department as
necessitating additional review time, the department, acting through
the regional manager or department equivalent, or a higher level
department employee, shall assess a one-time fee of ten thousand
dollars ($10,000) to cover the reasonable cost of the department’s
services in reviewing the changes. A new 90-day review period
shall begin upon the department’s receipt of the proposed changes
and the associated review fee, during which it will determine
acceptability pursuant to paragraph (2) of subdivision (c).

(g) If the department determines that 90 days is insufficient time
to complete its review of the bank agreement package for reasons
including, but not limited to, the size, location, or complexity of
the bank, that the package includes a development or construction
plan, complexity of the bank agreement package, or substantial
variations from recommended standard forms, the department may
extend the 90-day period for reviewing the bank agreement package
by an additional 60 calendar days.

(h) If the department determines that a bank agreement package
is not acceptable, the package may be resubmitted in accordance
with subdivision (a) if further consideration is desired. Any
resubmittal shall be accompanied by payment of a new bank
agreement package review fee.

(i) If the department determines that the bank agreement package
is acceptable pursuant to paragraph (2) of subdivision (c), the
department shall approve the bank in writing within 30 business
days.

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begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 4597.22 of the Public Resources Code is
amended to read:

4597.22.  

This article does not apply to the Southern Subdistrict
of the Coast Forest District, as described in Section 895.1 of Title
14 of the California Code of Regulations.

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 8704.2 of the Water Code is amended to read:

8704.2.  

(a) Pursuant to subdivision (f) of Section 8701.4, the
board or the board’s designee shall have the authority to record a
lien with the county recorder in the county of this state where the
person’s or agency’s property responsible for the violation is
located, to recover any and all of the following:

(1) Costs incurred in abating, removing, and restoring a
violation, including, but not limited to, costs incurred in seeking
modification, removal, abatement, or restoration pursuant to this
part.

(2) Costs incurred in the summary abatement of emergencies.

(3) Attorney’s fees associated with actions to enforce this part.

(b) A lien recorded pursuant to this section shall have the same
force, effect, and priority as a judgment lien.

(c) Before recording a lien, the board shall provide notice and
an opportunity for a hearing to contest the amount of the lien.

(1) Notice shall be provided at least 20 days before the hearing
pursuant to Section 8703.

(2) The hearing required by this section may be satisfied by an
enforcement order hearing pursuant to Section 8701.4 or, in the
summary abatement of emergencies, a hearing pursuant to Section
8708.

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begin insert SEC. 3. end insert   

Section 73502 of the Water Code is amended to read:

73502.  

(a) The city, on or before February 1, 2003, shall adopt
the program of capital improvement projects designed to restore
and improve the bay area regional water system that are described
in the capital improvement program report prepared by the San
Francisco Public Utilities Commission dated February 25, 2002.
A copy of the program shall be submitted, on or before March 1,
2003, to the State Department of Public Health. The program shall
include a schedule for the completion of design and award of
contract, and commencement and completion of construction of
each described project. The schedule shall require that projects
representing 50 percent of the total program cost be completed on
or before 2010 and that projects representing 100 percent of the
total program cost be completed on or before 2015. The program
shall also contain a financing plan. The city shall review and update
the program, as necessary, based on changes in the schedule set
forth in the plan adopted pursuant to subdivision (d).

(b) The plan shall require completion of the following projects:

 

Project	Location	Project Identification Number
1. Irvington Tunnel Alternative	Alameda/Santa  Clara Counties	9970
2. Crystal Springs Pump Station   & Pipeline	San Mateo County	201671
3. BDPL 1 & 2-Repair of   Caissons/Pipe Bridge	Alameda/San Mateo Counties	99
4. BDPL Pipeline Upgrades at   Hayward Fault	Alameda County	128
5. Calaveras Fault Crossing   Upgrade	Alameda County	9897
6. Crystal Springs Bypass   Pipeline	San Mateo County	9891
7. BDPL Cross Connections 3 &   4	Alameda/Santa  Clara Counties	202339
8. Conveyance Capacity West of   Irvington Tunnel	Alameda/Santa Clara/San Mateo  Counties	201441
9. Calaveras Dam Seismic   Improvements	Alameda County	202135

 

(c) The city shall submit a report to the Joint Legislative Audit
Committee, the Alfred E. Alquist Seismic Safety Commission,
and the State Department of Public Health, on or before September
1 of each year, describing the progress made on the implementation
of the capital improvement program for the bay area regional water
system during the previous fiscal year. The city shall identify in
the report any project that is behind schedule, and, for each project
so identified, shall describe the city’s plan and timeline for either
making up the delay or adopting a revised schedule pursuant to
subdivision (d).

(d) (1) The city may determine that completion dates for
projects contained in the capital improvement program adopted
pursuant to subdivision (a), including those projects described in
subdivision (b), should be delayed or that different projects should
be constructed.

(2) The city shall provide written notice, not less than 30 days
before the date of a meeting of the city agency responsible for
management of the bay area regional water system, that a change
in the program is to be considered. The notice shall include
information about the reason for the proposed change and the
availability of materials related to the proposed change. All bay
area wholesale customers shall be permitted to testify or otherwise
submit comments at the meeting.

(3) If the city adopts a change in the program that deletes one
or more projects from the program, or postpones the scheduled
completion dates, the city shall promptly furnish a copy of that
change and the reasons for that change to the State Department of
Public Health and the Alfred E. Alquist Seismic Safety
Commission. The State Department of Public Health and the Alfred
E. Alquist Seismic Safety Commission shall each submit written
comments with regard to the significance of that change with
respect to public health and safety to the city and the Joint
Legislative Audit Committee not later than 120 days after the date
on which those entities received notice of that change.

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begin insert SEC. 4. end insert   

Section 73514 of the Water Code is amended to read:

73514.  

This division shall remain in effect only until January
1, 2022, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2022, deletes or extends
that date.

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begin insert SEC. 5. end insert   

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.