Bill Text: CA AB1253 | 2009-2010 | Regular Session | Amended

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Bill Title: Coastal resources: California Coastal Act of 1976:

Spectrum: Partisan Bill (Republican 5-0)

Status: (Engrossed - Dead) 2010-06-16 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB1253 Detail]

Download: California-2009-AB1253-Amended.html

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BILL NUMBER: AB 1253	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 9, 2010
	AMENDED IN SENATE  AUGUST 17, 2009
	AMENDED IN SENATE  JULY 14, 2009
	AMENDED IN SENATE  JUNE 29, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009
	AMENDED IN ASSEMBLY  MAY 11, 2009
	AMENDED IN ASSEMBLY  MAY 5, 2009

INTRODUCED BY   Assembly  Members   Fuller
    and Gilmore  
Member   Harkey 
    (   Coauthors:  
Assembly Members   DeVore,  
  Harkey,     and
Silva   ) 

                        FEBRUARY 27, 2009

    An act relating to the Sacramento-San Joaquin Delta.
  An act to amend Section 30106 of the Public Resources
Code, relating to coastal resources, and declaring the urgency
thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1253, as amended,  Fuller   Harkey  .
 Sacramento-San Joaquin Delta: fish predation report.
  Coastal resources: California Coastal Act of 1976:
development: fireworks displays.  
   The California Coastal Act of 1976 provides for the planning and
regulation of development, under a coastal development permit
process, within the coastal zone. Existing law defines development
for these purposes.  
   This bill would provide that "development" does not include a
fireworks display conducted by a public entity.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The California Bay-Delta Authority Act establishes in the Natural
Resources Agency the California Bay-Delta Authority. The act requires
the authority and the implementing agencies to carry out programs,
projects, and activities necessary to implement the Bay-Delta
Program, defined to mean those projects, programs, commitments, and
other actions that address the goals and objectives of the CALFED
Bay-Delta Programmatic Record of Decision, dated August 28, 2000, or
as it may be amended.  
   The act requires the authority to establish a board of independent
scientists to advise and make recommendations to the authority and
the Bay-Delta Public Advisory Committee, as appropriate, on the
science relative to implementation of all program elements, including
the science program element.  
   This bill would require the CALFED science program staff to
conduct an independent scientific review of existing literature and
studies on fish predation in the Sacramento-San Joaquin Delta, and to
prepare and submit to the Legislature and the Governor a prescribed
report.  
   The bill would also authorize the Natural Resources Agency, or a
successor agency, to enter into funding agreements with public
agencies and nongovernmental organizations to pay for the cost of the
independent scientific review. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 30106 of the   Public
Resources Code   is amended to read: 
   30106.   (a)    "Development" means, on land, in
or under water, the placement or erection of any solid material or
structure; discharge or disposal of any dredged material or of any
gaseous, liquid, solid, or thermal waste; grading, removing,
dredging, mining, or extraction of any materials; change in the
density or intensity of use of land, including, but not limited to,
subdivision pursuant to the Subdivision Map Act (commencing with
Section 66410 of the Government Code), and any other division of
land, including lot splits, except where the land division is brought
about in connection with the purchase of such land by a public
agency for public recreational use; change in the intensity of use of
water, or of access thereto; construction, reconstruction,
demolition, or alteration of the size of any structure, including any
facility of any private, public, or municipal utility; and the
removal or harvesting of major vegetation other than for agricultural
purposes, kelp harvesting, and timber operations which are in
accordance with a timber harvesting plan submitted pursuant to the
provisions of the Z'berg-Nejedly Forest Practice Act of 1973 
(Chapter 8  (commencing with Section 4511)  of Part 2 of
Division 4)  . 
   As 
    (b)     As  used in this section,
"structure" includes, but is not limited to, any building, road,
pipe, flume, conduit, siphon, aqueduct, telephone line, and
electrical power transmission and distribution line. 
   (c) Development does not include a fireworks display conducted by
a public entity. 
  SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order for Californians to celebrate the great independence of
this country and to continue with traditions that have been centuries
in the making, it is necessary that this act take effect
immediately.  
  SECTION 1.    (a) The CALFED science program staff
shall conduct an independent scientific review of existing
literature and studies on fish predation in the Sacramento-San
Joaquin Delta, for the purpose of evaluating whether additional
studies are needed on the effects of predation on species listed as
threatened or endangered under the state or federal endangered
species acts, and to determine whether predator species are adversely
affecting, at a population level, native salmonids or other
indigenous pelagic species in the Delta, and, if so, to identify
possible policy changes and management actions that could reduce the
effects of predation. The review shall also include an evaluation of
existing studies on fish salvage methods and other mitigation
protocols at state and federal pumping facilities and recommendations
for changes in methodologies to improve survival, including the
projected costs of those changes.
   (b) After completing the review required by subdivision (a), the
CALFED science program staff shall prepare and submit to the
Legislature and the Governor a report that includes the following:
   (1) A recommendation on whether additional studies are needed.
   (2) If the CALFED science program staff recommends additional
studies, recommendations for the design and scope of those studies
and an estimate of the total costs for the studies.
   (3) A determination of whether predator species are adversely
affecting indigenous pelagic species at a population level.
   (4) Possible policy changes and management actions to mitigate or
reduce the effects of predation, if determined to have an adverse
population level impact, and the projected costs of those actions.
   (c) The Natural Resources Agency, or its successor agency, may
enter into funding agreements with public agencies and
nongovernmental organizations to pay for the cost of the independent
scientific review specified in subdivision (a).