Amended IN Senate April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 506Introduced by Senator Nielsen(Coauthor: Assembly Member Gallagher)February 16, 2017 An act to amend add Section 1602 of 1618 to the Fish and Game Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGESTSB 506, as amended, Nielsen. Department of Fish and Wildlife: lake or streambed alteration agreements. agreements: Internet Web site.Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would limit the diversions and obstructions governed by these alteration agreement requirements to the diversions and obstructions that alter the bed, channel, or bank of a river, stream, or lake. The bill would exempt routine maintenance and repair of facilities for instream agricultural diversions from the alteration agreement requirements. require the department, on or before December 31, 2018, and periodically thereafter, to upgrade the information on its Internet Web site regarding lake or streambed alteration agreements, to update its Frequently Asked Questions document and other appropriate sources of information regarding the lake and streambed alteration program, and to provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program, as specified.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 1618 is added to the Fish and Game Code, to read:1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.SECTION 1.Section 1602 of the Fish and Game Code is amended to read:1602.(a)An entity shall not substantially alter the bed, channel, or bank of any river, stream, or lake in a manner that diverts or obstructs the natural flow of the river, stream, or lake, substantially change or use any material from the bed, channel, or bank of any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:(1)The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:(A)A detailed description of the projects location and a map.(B)The name, if any, of the river, stream, or lake affected.(C)A detailed project description, including, but not limited to, construction plans and drawings, if applicable.(D)A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(E)A copy of any other applicable local, state, or federal permit or agreement already issued.(F)Any other information required by the department.(2)The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter.(3)The entity pays the applicable fees, pursuant to Section 1609.(4)One of the following occurs:(A)(i)The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.(ii)Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.(B)The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.(C)A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement.(D)The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.(b)(1)If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:(A)The work described in the agreement has substantially changed.(B)Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.(2)This subdivision applies only if notice to, and agreement with, the department was attained before January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.(c)Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.(d)(1)Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Food and Agriculture for the term of the license or renewed license if all of the following occur:(A)The entity submits all of the following to the department:(i)The written notification described in paragraph (1) of subdivision (a).(ii)A copy of the license or renewed license for cannabis cultivation issued by the Department of Food and Agriculture that includes the requirements specified in subdivisions (d), (e), and (f) of Section 19332.2 of the Business and Professions Code.(iii)The fee specified in paragraph (3) of subdivision (a).(B)The department determines in its sole discretion that compliance with the requirements specified in subdivisions (d), (e), and (f) of Section 19332.2 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603.(C)The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.(2)The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid.(3)If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements described in subdivision (d), (e), or (f) of Section 19332.2 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Food and Agriculture of any enforcement action taken.(e)This section does not apply to the routine maintenance and repair of facilities for instream agricultural irrigation diversions. (f)It is unlawful for any entity to violate this chapter.
Amended IN Senate April 03, 2017 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 506Introduced by Senator Nielsen(Coauthor: Assembly Member Gallagher)February 16, 2017 An act to amend add Section 1602 of 1618 to the Fish and Game Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGESTSB 506, as amended, Nielsen. Department of Fish and Wildlife: lake or streambed alteration agreements. agreements: Internet Web site.Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would limit the diversions and obstructions governed by these alteration agreement requirements to the diversions and obstructions that alter the bed, channel, or bank of a river, stream, or lake. The bill would exempt routine maintenance and repair of facilities for instream agricultural diversions from the alteration agreement requirements. require the department, on or before December 31, 2018, and periodically thereafter, to upgrade the information on its Internet Web site regarding lake or streambed alteration agreements, to update its Frequently Asked Questions document and other appropriate sources of information regarding the lake and streambed alteration program, and to provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate April 03, 2017
Amended IN Senate April 03, 2017
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 506
Introduced by Senator Nielsen(Coauthor: Assembly Member Gallagher)February 16, 2017
Introduced by Senator Nielsen(Coauthor: Assembly Member Gallagher)
February 16, 2017
An act to amend add Section 1602 of 1618 to the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 506, as amended, Nielsen. Department of Fish and Wildlife: lake or streambed alteration agreements. agreements: Internet Web site.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.This bill would limit the diversions and obstructions governed by these alteration agreement requirements to the diversions and obstructions that alter the bed, channel, or bank of a river, stream, or lake. The bill would exempt routine maintenance and repair of facilities for instream agricultural diversions from the alteration agreement requirements. require the department, on or before December 31, 2018, and periodically thereafter, to upgrade the information on its Internet Web site regarding lake or streambed alteration agreements, to update its Frequently Asked Questions document and other appropriate sources of information regarding the lake and streambed alteration program, and to provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program, as specified.
Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the Department of Fish and Wildlife of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.
This bill would limit the diversions and obstructions governed by these alteration agreement requirements to the diversions and obstructions that alter the bed, channel, or bank of a river, stream, or lake. The bill would exempt routine maintenance and repair of facilities for instream agricultural diversions from the alteration agreement requirements. require the department, on or before December 31, 2018, and periodically thereafter, to upgrade the information on its Internet Web site regarding lake or streambed alteration agreements, to update its Frequently Asked Questions document and other appropriate sources of information regarding the lake and streambed alteration program, and to provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program, as specified.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 1618 is added to the Fish and Game Code, to read:1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.SECTION 1.Section 1602 of the Fish and Game Code is amended to read:1602.(a)An entity shall not substantially alter the bed, channel, or bank of any river, stream, or lake in a manner that diverts or obstructs the natural flow of the river, stream, or lake, substantially change or use any material from the bed, channel, or bank of any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:(1)The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:(A)A detailed description of the projects location and a map.(B)The name, if any, of the river, stream, or lake affected.(C)A detailed project description, including, but not limited to, construction plans and drawings, if applicable.(D)A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.(E)A copy of any other applicable local, state, or federal permit or agreement already issued.(F)Any other information required by the department.(2)The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter.(3)The entity pays the applicable fees, pursuant to Section 1609.(4)One of the following occurs:(A)(i)The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.(ii)Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.(B)The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.(C)A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement.(D)The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.(b)(1)If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:(A)The work described in the agreement has substantially changed.(B)Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.(2)This subdivision applies only if notice to, and agreement with, the department was attained before January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.(c)Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.(d)(1)Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Food and Agriculture for the term of the license or renewed license if all of the following occur:(A)The entity submits all of the following to the department:(i)The written notification described in paragraph (1) of subdivision (a).(ii)A copy of the license or renewed license for cannabis cultivation issued by the Department of Food and Agriculture that includes the requirements specified in subdivisions (d), (e), and (f) of Section 19332.2 of the Business and Professions Code.(iii)The fee specified in paragraph (3) of subdivision (a).(B)The department determines in its sole discretion that compliance with the requirements specified in subdivisions (d), (e), and (f) of Section 19332.2 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603.(C)The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.(2)The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid.(3)If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements described in subdivision (d), (e), or (f) of Section 19332.2 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Food and Agriculture of any enforcement action taken.(e)This section does not apply to the routine maintenance and repair of facilities for instream agricultural irrigation diversions. (f)It is unlawful for any entity to violate this chapter.
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 1618 is added to the Fish and Game Code, to read:1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.
SECTION 1. Section 1618 is added to the Fish and Game Code, to read:
### SECTION 1.
1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.
1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.
1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.
1618. On or before December 31, 2018, and periodically thereafter, the department shall do all of the following:
(a) Upgrade the information on its Internet Web site regarding agreements issued pursuant to this chapter by identifying and segregating documents created for informational, guidance, or regulatory purposes in order to provide clarity to the public.
(b) Update its Frequently Asked Questions document and other appropriate sources of information, as determined by the department, to provide current information to the public on matters that generate the most questions from the public regarding the lake and streambed alteration program, including, but not limited to, the applicability of the program to infrequently flooded lands.
(c) Provide guidance on its Internet Web site to facilitate members of the public in obtaining individualized guidance regarding the lake and streambed alteration program.
(a)An entity shall not substantially alter the bed, channel, or bank of any river, stream, or lake in a manner that diverts or obstructs the natural flow of the river, stream, or lake, substantially change or use any material from the bed, channel, or bank of any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:
(1)The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:
(A)A detailed description of the projects location and a map.
(B)The name, if any, of the river, stream, or lake affected.
(C)A detailed project description, including, but not limited to, construction plans and drawings, if applicable.
(D)A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.
(E)A copy of any other applicable local, state, or federal permit or agreement already issued.
(F)Any other information required by the department.
(2)The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter.
(3)The entity pays the applicable fees, pursuant to Section 1609.
(4)One of the following occurs:
(A)(i)The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(ii)Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.
(B)The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.
(C)A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement.
(D)The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.
(b)(1)If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:
(A)The work described in the agreement has substantially changed.
(B)Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.
(2)This subdivision applies only if notice to, and agreement with, the department was attained before January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.
(c)Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.
(d)(1)Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Food and Agriculture for the term of the license or renewed license if all of the following occur:
(A)The entity submits all of the following to the department:
(i)The written notification described in paragraph (1) of subdivision (a).
(ii)A copy of the license or renewed license for cannabis cultivation issued by the Department of Food and Agriculture that includes the requirements specified in subdivisions (d), (e), and (f) of Section 19332.2 of the Business and Professions Code.
(iii)The fee specified in paragraph (3) of subdivision (a).
(B)The department determines in its sole discretion that compliance with the requirements specified in subdivisions (d), (e), and (f) of Section 19332.2 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603.
(C)The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.
(2)The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid.
(3)If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements described in subdivision (d), (e), or (f) of Section 19332.2 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Food and Agriculture of any enforcement action taken.
(e)This section does not apply to the routine maintenance and repair of facilities for instream agricultural irrigation diversions.
(f)It is unlawful for any entity to violate this chapter.