Bill Text: CA AB830 | 2023-2024 | Regular Session | Amended

California Assembly Bill 830

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Lake and streambed alteration agreements: exemptions.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB830 Detail]

Download: California-2023-AB830-Amended.html

Amended IN Assembly May 18, 2023

Amended IN Assembly April 20, 2023

Amended IN Assembly March 28, 2023

Amended IN Assembly March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill

No. 830

Introduced by Assembly Member Soria
(Coauthors: Assembly Members Alanis and Mathis)

February 13, 2023

An act to amend Section 1610 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL'S DIGEST

AB 830, as amended, Soria. Lake and streambed alteration agreements: exemptions.

Existing law prohibits a person, a state or local governmental agency, or a public utility 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 depositing or disposing of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless prescribed requirements are met, including written notification to the Department of Fish and Wildlife regarding the activity. Existing law requires the department to determine whether the activity may substantially adversely affect an existing fish and wildlife resource and, if so, to provide a draft lake or streambed alteration agreement to the person, agency, or utility. Existing law prescribes various requirements for lake and streambed alteration agreements. Existing law also establishes various exemptions from these provisions, including exemptions for specified emergency work.

This bill would additionally exempt from these provisions the temporary operation of existing infrastructure or temporary pumps being used to divert flood stage and monitor stage flows, as identified by the California Nevada River Forecast Center or the State Water Resources Control Board, to beneficial groundwater recharge as long as certain conditions are met.

The bill would also make conforming changes.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 1610 of the Fish and Game Code is amended to read:

1610.

(a) Except as provided in subdivision (b), this chapter does not apply to any of the following:

(1) Immediate emergency work necessary to protect life or property.

(2) Immediate emergency repairs to public service facilities necessary to maintain service as a result of a disaster in an area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(3) Emergency projects undertaken, carried out, or approved by a state or local governmental agency to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, within the existing right-of-way of the highway, that has been damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage. Work needed in the vicinity above and below a highway may be conducted outside of the existing right-of-way if it is needed to stop ongoing or recurring mudslides, landslides, or erosion that pose an immediate threat to the highway, or to restore those roadways damaged by mudslides, landslides, or erosion to their predamage condition and functionality. This paragraph does not exempt from this chapter any project undertaken, carried out, or approved by a state or local governmental agency to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide. The exception provided in this paragraph does not apply to a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code.

(4) The temporary operation of existing infrastructure or temporary pumps being used to divert flood stage and monitor stage flows, as identified by the California Nevada River Forecast Center or the State Water Resources Control Board, to beneficial groundwater recharge as long as all of the following conditions are met:

(A) The diversions cease when the flows are no longer flood stage or monitor stage flows.

(B) Diverted water is not diverted or applied to any of the following:

(i) Dairy land application areas.

(ii) Any agricultural field where pesticide or fertilizer application has occurred in the last 30 days.

(iii) Any area that could cause damage to critical levees, infrastructure, wastewater and water systems, drinking water wells or drinking water supplies, or exacerbate the threat of flood and other health and safety concerns.

(iv) Any area that has not been in active irrigated agricultural cultivation within the past three years, including grazing lands, annual grasslands, and natural habitats. This limitation does not apply to facilities already constructed for the purpose of groundwater recharge or managed wetlands.

(i) Existing diversion ~~infrastrucutre~~ infrastructure or temporary pumps.

(ii) Existing groundwater recharge locations, where available.

(iii) No new permanent infrastructure or permanent construction.

(iv) Simple screens installed on pump intakes to minimize the impact of diversion to salmon and other aquatic life.

(D) Applicable fees are paid, pursuant to Section 1609.

(b) The entity performing the emergency work or other necessary work described in subdivision (a) shall notify the department of the work, in writing, within 14 days of beginning the work. Any work described in the notification that does not meet the criteria for the emergency work or other necessary work described in subdivision (a) is a violation of this chapter if the entity did not first notify the department in accordance with Section 1602 or 1611.