CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3045Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)February 16, 2018 An act to amend Section 12805 of the Government Code, and to amend and renumber Section 6025 of, to add Section 6021 to, and to add Article 5 (commencing with Section 195) to Chapter 2 of Division 1 of, the Water Code, relating to dams and reservoirs. LEGISLATIVE COUNSEL'S DIGESTAB 3045, as introduced, Gallagher. Natural Resources Agency: Division of Safety of Dams.Existing law provides that all dams and reservoirs in the state are under the jurisdiction of the Department of Water Resources. Existing law requires the department to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Existing law makes it unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval by the department, as prescribed.This bill would establish within the Natural Resources Agency the Division of Safety of Dams. The bill would transfer authority over dams and reservoirs from the department to the division.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 12805 of the Government Code is amended to read:12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.SEC. 2. Article 5 (commencing with Section 195) is added to Chapter 2 of Division 1 of the Water Code, to read: Article 5. Division of Safety of Dams195. There is in the Natural Resources Agency the Division of Safety of Dams.SEC. 3. Section 6025 of the Water Code is amended and renumbered to read:6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.SEC. 4. Section 6021 is added to the Water Code, to read:6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 3045Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)February 16, 2018 An act to amend Section 12805 of the Government Code, and to amend and renumber Section 6025 of, to add Section 6021 to, and to add Article 5 (commencing with Section 195) to Chapter 2 of Division 1 of, the Water Code, relating to dams and reservoirs. LEGISLATIVE COUNSEL'S DIGESTAB 3045, as introduced, Gallagher. Natural Resources Agency: Division of Safety of Dams.Existing law provides that all dams and reservoirs in the state are under the jurisdiction of the Department of Water Resources. Existing law requires the department to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Existing law makes it unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval by the department, as prescribed.This bill would establish within the Natural Resources Agency the Division of Safety of Dams. The bill would transfer authority over dams and reservoirs from the department to the division.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 3045
Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)February 16, 2018
Introduced by Assembly Member Gallagher(Principal coauthor: Senator Nielsen)
February 16, 2018
An act to amend Section 12805 of the Government Code, and to amend and renumber Section 6025 of, to add Section 6021 to, and to add Article 5 (commencing with Section 195) to Chapter 2 of Division 1 of, the Water Code, relating to dams and reservoirs.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 3045, as introduced, Gallagher. Natural Resources Agency: Division of Safety of Dams.
Existing law provides that all dams and reservoirs in the state are under the jurisdiction of the Department of Water Resources. Existing law requires the department to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Existing law makes it unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval by the department, as prescribed.This bill would establish within the Natural Resources Agency the Division of Safety of Dams. The bill would transfer authority over dams and reservoirs from the department to the division.
Existing law provides that all dams and reservoirs in the state are under the jurisdiction of the Department of Water Resources. Existing law requires the department to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Existing law makes it unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval by the department, as prescribed.
This bill would establish within the Natural Resources Agency the Division of Safety of Dams. The bill would transfer authority over dams and reservoirs from the department to the division.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 12805 of the Government Code is amended to read:12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.SEC. 2. Article 5 (commencing with Section 195) is added to Chapter 2 of Division 1 of the Water Code, to read: Article 5. Division of Safety of Dams195. There is in the Natural Resources Agency the Division of Safety of Dams.SEC. 3. Section 6025 of the Water Code is amended and renumbered to read:6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.SEC. 4. Section 6021 is added to the Water Code, to read:6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 12805 of the Government Code is amended to read:12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.
SECTION 1. Section 12805 of the Government Code is amended to read:
### SECTION 1.
12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.
12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.
12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.
12805. (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; and the Sierra Nevada Conservancy. Conservancy; and the Division of Safety of Dams.
(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.
SEC. 2. Article 5 (commencing with Section 195) is added to Chapter 2 of Division 1 of the Water Code, to read: Article 5. Division of Safety of Dams195. There is in the Natural Resources Agency the Division of Safety of Dams.
SEC. 2. Article 5 (commencing with Section 195) is added to Chapter 2 of Division 1 of the Water Code, to read:
### SEC. 2.
Article 5. Division of Safety of Dams195. There is in the Natural Resources Agency the Division of Safety of Dams.
Article 5. Division of Safety of Dams195. There is in the Natural Resources Agency the Division of Safety of Dams.
Article 5. Division of Safety of Dams
Article 5. Division of Safety of Dams
195. There is in the Natural Resources Agency the Division of Safety of Dams.
195. There is in the Natural Resources Agency the Division of Safety of Dams.
SEC. 3. Section 6025 of the Water Code is amended and renumbered to read:6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
SEC. 3. Section 6025 of the Water Code is amended and renumbered to read:
### SEC. 3.
6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
6025.6020. It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.
SEC. 4. Section 6021 is added to the Water Code, to read:6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
SEC. 4. Section 6021 is added to the Water Code, to read:
### SEC. 4.
6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.
6021. (a) The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.
(b) The Division of Safety of Dams shall maintain authority over the supervision of Californias dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to department regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to director regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.
(c) Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.
(d) Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.
(e) Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.
(f) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.
(g) On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.
(h) The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.
(i) A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.