BILL NUMBER: AB 408 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2010
INTRODUCED BY Assembly Member Saldana
FEBRUARY 23, 2009
An act to amend Section 65352 of, and to add Section
65352.6 to, the Government Code, and to add Section 13142.1 to the
Water Code, relating to local planning. An act to
amend Section 9010 of, to add and repeal Secti on 8254.5
of, and to add and repeal Article 5.5 (commencing with Section 8260)
of Chapter 2 of Part 3 of Division 6 of, the Fish and Game Code,
relating to commercial fishing.
LEGISLATIVE COUNSEL'S DIGEST
AB 408, as amended, Saldana. Local planning: water
supplies. Commercial fishing: lobster management
enhancement.
Existing law prohibits the taking of lobsters for commercial
purposes except under a valid lobster permit issued by the Department
of Fish and Game. The base permit fee for a lobster permit is $265.
This bill, commencing April 1, 2011, and until March 31, 2016,
would impose, in addition to the permit fee, a supplemental fee of
$300, to be known as the Lobster Management Enhancement Supplement.
The bill would require the department to deposit supplement revenues
in the Lobster Management Enhancement Account, which the bill would
create in the Fish and Game Preservation Fund. The bill would require
that money in the account be expended by the department, upon
appropriation by the Legislature, exclusively to fund specified
projects and programs to improve lobster sustainability and
management. The bill would create a 5-member Lobster Management
Enhancement Advisory Committee to recommend to the department
projects and programs and budgets for the expenditure of account
moneys, including a plan to prioritize expenditures. Those lobster
management enhancement provisions would be repealed on January 1,
2017.
Existing law prescribes the construction and dimensions of a wire
lobster trap.
This bill would revise the prescribed dimensions of wire lobster
traps, and would add provisions relating to the use of a wire to hold
the escape gap in place.
(1) The Planning and Zoning Law requires a city or county general
plan to include specified mandatory elements, including a
conservation element that considers, among other things, the
identification of rivers, creeks, streams, flood corridors, riparian
habitat, and land that may accommodate floodwater for purposes of
groundwater recharge and stormwater management and a discussion and
evaluation of water supply and demand. Before adopting or amending
the general plan, the planning agency is required to refer the
proposed action to specified entities.
This bill would require the planning agency to additionally notify
the California regional water quality control board servicing the
area before adopting or amending the general plan. The bill would
require the regional board, upon receiving this notice, to provide
the planning agency with certain information regarding implementation
of low-impact development water management to increase local water
supplies by increasing stormwater recharge and reuse. By imposing new
duties on local public officials, the bill would create a
state-mandated local program.
(2) The existing Porter-Cologne Water Quality Control Act
requires the State Water Resources Control Board to formulate and
adopt state policy for water quality control.
This bill would require the state board to increase, on or before
January 1, 2015, the sustainable local water supplies available for
meeting existing and future beneficial uses in this state by an
unspecified amount of acre-feet per year, in excess of the 2002
levels of sustainable local water supply and would specify the
methods to be used, pursuant to its existing authority, in meeting
this goal.
(3) 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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) California's spiny lobster fishery is an important component
of California's marine ecosystem, as well as an important source of
jobs for California fishermen and fisherwomen and food for consumers.
(b) California's commercial and recreational lobster fishermen and
fisherwomen, primarily through associations, should participate in
the development and implementation of new approaches to managing
lobster fishing. Those approaches should be designed to ensure
economical and sustainable fishing.
(c) California's lobster fishing associations will greatly benefit
from an established mechanism that will provide a steady source of
funds for projects that promote the long-term sustainability and
improved management of the California spiny lobster fishery.
SEC. 2. Section 8254.5 is added to the
Fish and Game Code , to read:
8254.5. (a) In addition to the fee imposed pursuant to
subdivision (c) of Section 8254, commencing April 1, 2011, a person
described in subdivision (b) of Section 8254 shall also pay a three
hundred dollar ($300) supplemental fee. The supplemental fee shall be
known as the Lobster Management Enhancement Supplement. The
department shall deposit Lobster Management Enhancement Supplement
revenues in the Lobster Management Enhancement Account in the Fish
and Game Preservation Fund pursuant to Section 8262.
(b) Section 713 does not apply to the Lobster Management
Enhancement Supplement.
(c) This section shall become inoperative on March 31, 2016, and,
as of January 1, 2017, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2017, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Article 5.5 (commencing with Section 8260)
is added to Chapter 2 of Part 3 of Division 6 of the Fish
and Game Code , to read:
Article 5.5. Lobster Management Enhancement Supplement
8260. As used in this article:
(a) "Account" means the Lobster Management Enhancement Account
established in Section 8262.
(b) "Committee" means the Lobster Management Enhancement Advisory
Committee established pursuant to Section 8263.
8262. (a) Lobster Management Enhancement Supplement revenues
received by the department pursuant to Section 8254.5, and any
interest earned on those revenues, shall be deposited in the Lobster
Management Enhancement Account, which is hereby established in the
Fish and Game Preservation Fund. The money in the account, upon
appropriation by the Legislature, shall be expended by the department
exclusively for projects and programs to improve lobster
sustainability and management consistent with subdivision (b). The
department shall maintain the internal accountability necessary to
ensure that expenditure of funds from the account is consistent with
the requirements and purposes of this article. The department shall
annually provide to the committee a full accounting of expenditures
from the account and make that information available to the public.
(b) The committee shall develop a plan that prioritizes
expenditures on projects and programs that support long-term
sustainability or improved management, or both, of the California
spiny lobster fishery, consistent with Section 35650 of the Public
Resources Code, including, but not limited to, all of the following:
(1) Obtaining Marine Stewardship Council sustainability
certification.
(2) Coordination and collaboration within the fishery to help
develop or improve new management approaches that optimize catch per
unit effort and create incentives for ecosystem improvement.
(3) Repaying loans for lobster fishery management improvement
projects.
(4) Conducting research leading to informed and strategic
management of the fishery.
(5) Preparation of a lobster fishery management plan.
(c) The director shall not fund any project or program pursuant to
this article that the director determines to be inconsistent with
the priorities identified pursuant to subdivision (b) and with this
article.
(d) Department administrative overhead, collection, or other
charges shall not exceed 15 percent of the annual expenditures from
the account.
8263. (a) The Lobster Management Enhancement Advisory Committee
is hereby created, consisting of five members, as follows:
(1) One member, with an alternate, who is representative of the
state's commercial lobster fishermen and fisherwomen or who is a
biological scientist actively involved in lobster research and who is
affiliated with a college or university within the state. A member
appointed pursuant to this paragraph and his or her alternate shall
be appointed by the director from licensed lobster permittees and
scientists who have submitted their names for consideration.
(2) Three members, each with an alternate, appointed by the
membership of the California Lobster and Trap Fishermen's
Association. This subdivision does not prohibit persons selected
pursuant to paragraph (1) from also being a member of the California
Lobster and Trap Fishermen's Association.
(3) The director, or his or her designee.
(b) Except for a biological scientist member appointed pursuant to
paragraph (1) of subdivision (a), the committee members described in
paragraphs (1) and (2) of subdivision (a) and their alternates shall
hold a valid lobster permit.
(c) A vote by the committee is not valid unless all five members
or their alternates are present to vote.
(d) The committee shall recommend to the department projects and
programs consistent with subdivision (b) of Section 8262 and budgets
for the expenditure of moneys received pursuant to this article.
8264. The department may receive funds for deposit in the
account, for purposes of this article, from sources other than the
sale of commercial fishing lobster permits, including, but not
limited to, grants from the federal government, grants from private
foundations, money disbursed from court settlements, and donations
and bequests from individuals. Additional funds received pursuant to
this section shall not be deposited in the account unless the person
or entity providing the funds specifically designates in writing,
prior to or at the time of transmittal of the funds to the
department, that the funds are intended solely for deposit to that
account.
8265. This article shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 9010 of the Fish and
Game Code is amended to read:
9010. (a) Subject to Article 5 (commencing with Section 8250) of
Chapter 2, spiny lobster may be taken with lobster traps under a
lobster permit issued pursuant to Section 8254.
(b) Notwithstanding Sections 8660 and 8665, lobster traps may be
used in any area of the state not otherwise closed to the taking of
lobsters up to, but not closer than, 75 feet of any private pier,
wharf, jetty, breakwater, or dock.
(c) A wire lobster trap shall be built of rectangular wire mesh
with inside mesh measurement not less than 1
7/8 1 1/2 inches by
3 7/8 3 1/2
inches, the 3 7/8
-inch 3 1/2 inch
measurement to be parallel to the floor of the trap. A wire lobster
trap shall be fitted with at least one rigid rectangular escape gap
with an inside measurements
vertical measurement not less than 23/8 inches by
at all points and an inside horizontal measurement of
not less than 111/2 inches . The at all
points. The horizontal sides of the escape gap shall be
located parallel to, and within two the
escape gap within 2 3/8 inches of the floor on any
outside wall of, the rearmost chamber of the lobster trap and shall
be clearly accessible to the lobsters.
(d) Notwithstanding subdivision (c), wire may be used to hold the
escape gap in place that reduces the inside vertical or horizontal
measurement of the escape gap specified in subdivision (c), but only
if all of the following requirements are met:
(1) The overall diameter of the wire, including any coating on the
wire, shall measure less than the diameter of 10 gauge wire.
(2) A maximum of one wire wrap shall be located on each vertical
side of the escape gap.
(3) A maximum of two wire wraps shall be located on the bottom
horizontal side of the escape gap.
(4) Wire shall not be used on the top horizontal side of the
escape gap.
(5) Each wire shall be tightly wrapped against the inside surface
of the escape gap and shall not pass over the inside surface more
than once. As used in this paragraph, "tightly wrapped" means no
space exists at any point between the wire and the inside surface of
the escape gap.
(d)
(e) A lobster trap constructed of lath or other
material shall have an opening to allow a means of escape along the
full length of one side of the rearmost chamber. The escape opening
shall be of a spacing of not less than 23/8 inches, and the spacing
shall be located parallel to, and within two
2 3/8 inches of, the floor of the lobster trap.
SECTION 1. Section 65352 of the Government Code
is amended to read:
65352. (a) Prior to action by a legislative body to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
(1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.
(2) An elementary, high school, or unified school district within
the area covered by the proposed action.
(3) The local agency formation commission.
(4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
(5) A federal agency if its operations or lands within its
jurisdiction may be significantly affected by the proposed action, as
determined by the planning agency.
(6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California
mailing address pursuant to subdivision (d) of Section 65944 when the
proposed action is within 1,000 feet of a military installation, or
lies within special use airspace, or beneath a low-level flight path,
as defined in Section 21098 of the Public Resources Code, provided
that the United States Department of Defense provides electronic maps
of low-level flight paths, special use airspace, and military
installations at a scale and in an electronic format that is
acceptable to the Office of Planning and Research.
(B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.
(7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5.
(8) The Bay Area Air Quality Management District for a proposed
action within the boundaries of the district.
(9) On and after March 1, 2005, a California Native American
tribe, that is on the contact list maintained by the Native American
Heritage Commission, with traditional lands located within the city
or county's jurisdiction.
(10) The Central Valley Flood Protection Board for a proposed
action within the boundaries of the Sacramento and San Joaquin
Drainage District, as set forth in Section 8501 of the Water Code.
(11) The California regional water quality control board serving
the area affected by the proposal.
(b) Each entity receiving a proposed general plan or amendment of
a general plan pursuant to this section shall have 45 days from the
date the referring agency mails it or delivers it in which to comment
unless a longer period is specified by the planning agency.
(c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the other entities specified in this
section does not affect the validity of the action, if adopted.
(2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section 65919),
the requirements of Chapter 4.4 shall prevail.
SEC. 2. Section 65352.6 is added to the
Government Code, to read:
65352.6. (a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between California'
s water supply agencies and California's land use approval agencies
to ensure clean, sustainable, local supplies of water.
(b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of city and county
general plans to achieve and promote clean, sustainable, local water
supplies consistent with the goal set forth in Section 13142.1 of the
Water Code.
(c) Upon receiving a notice pursuant to paragraph (11) of
subdivision (a) of Section 65352 of a city's or a county's proposed
action to adopt or substantially amend a general plan, the California
regional water quality control board serving the area affected by
the plan shall provide the planning agency with the following
information, as is appropriate and relevant:
(1) Recommendations on amendments to the general plan that would
facilitate and expedite implementation of low-impact development
water management strategies that increase local water supplies and
decrease pollution. These recommendations may be based on the May
2008 report of the California Ocean Protection Council "Resolution
Regarding Low-Impact Development," the State Water Resources Control
Board report "Review of Low Impact Development Policies: Removing
Institutional Barriers To Adoption" of December 2007, and the
stormwater guidance document prepared by the State Water Resources
Control Board July 1, 2009, pursuant to Section 13383.7 of the Water
Code.
(2) Any additional information that is relevant to the
implementation of low-impact development water management to increase
local water supplies by increasing stormwater recharge and reuse.
SEC. 3. Section 13142.1 is added to the Water
Code, to read:
13142.1. (a) The state board shall take appropriate actions,
pursuant to this division and consistent with the 2008-12 Strategic
Plan, to increase, on or before January 1, 2015, the sustainable
local water supplies available for meeting existing and future
beneficial uses in this state in the amount of _____ acre-feet per
year, in excess of the 2002 level of sustainable local water supply.
(b) The board shall achieve the water supply goal specified in
subdivision (a) pursuant to the existing authority provided by this
division, through a combination of increasing conservation, recycled
water use, and stormwater recharge and reuse, by using low-impact
development water management strategies.
SEC. 4. 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.