Bill Text: CA SB233 | 2009-2010 | Regular Session | Amended

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Bill Title: Vacuum or suction dredge equipment: permits: refund.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB233 Detail]

Download: California-2009-SB233-Amended.html

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BILL NUMBER: SB 233	AMENDED
	BILL TEXT

	AMENDED IN SENATE  DECEMBER 17, 2009

INTRODUCED BY   Senator Aanestad

                        FEBRUARY 23, 2009

    An act to amend Section 13388 of the Water Code, relating
to water quality.   An act to add Section 5653.2 to the
Fish and Game Code, relating to fish and wildlife, and declaring the
urgency thereof, to   take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   SB 233, as amended, Aanestad.  State Water Resources
Control Board: California regional water quality control boards.
  Vacuum or suction dredge equipment: permits: refund.
 
   Existing law prohibits the use of any vacuum or suction dredge
equipment by any person in any river, stream, or lake of this state
without a permit issued by the Department of Fish and Game. Existing
law designates the issuance of permits to operate vacuum or suction
dredge equipment to be a project under the California Environmental
Quality Act (CEQA), and suspends the issuance of permits, and mining
pursuant to a permit, until the department has completed an
environmental impact report for the project as ordered by the court
in a specified court action. Existing law prohibits the use of any
vacuum or suction dredge equipment in any river, stream, or lake, for
instream mining purposes, until the Director of Fish and Game
certifies to the Secretary of State that (1) the department has
completed the environmental review of its existing vacuum or suction
dredge equipment regulations as ordered by the court, (2) the
department has transmitted for filing with the Secretary of State a
certified copy of new regulations, as necessary, and (3) the new
regulations are operative.  
   This bill would require the department, upon request, to refund
the amount of the permit fee paid in 2009 by a person issued a vacuum
or suction dredge equipment permit and subject to the latter
prohibition.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Porter-Cologne Water Quality Control Act prohibits a person
from being a member of the State Water Resources Control Board or a
California regional water quality control board if he or she
receives, or has received during the previous 2 years, a significant
portion of his or her income directly or indirectly from any person
subject to specified waste discharge requirements or applicants for
specified waste discharge requirements.  
   This bill would instead subject a person to that prohibition if he
or she receives, or has received during the previous 2 years, 25% or
more of his or her income directly or indirectly from any person
subject to specified waste discharge requirements or applicants for
specified waste discharge requirements. Thie bill would also make
technical, nonsubstantive changes. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


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

   SECTION 1.    Section 5653.2 is added to the 
 Fish and Game Code   , to read:  
   5653.2.  Upon request, the department shall refund the amount of
the permit fee paid in 2009 by a person issued a permit for the use
of vacuum or suction dredge equipment pursuant to Section 5653 and
subject to the prohibition imposed in Section 5653.1.
   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 to allow the Department of Fish and Game, as soon as
possible, to refund the fees paid in 2009 by instream miners for
vacuum or suction dredge permits rendered unusable by Chapter 62 of
the Statutes of 2009, it is necessary for this act to take effect
immediately.  
  SECTION 1.    Section 13388 of the Water Code is
amended to read:
   13388.  Notwithstanding any other provision of this division or
Section 175, no person shall be a member of the state board or a
regional board if he or she receives, or has received during the
previous two years, 25 percent or more of his or her income directly
or indirectly from any person subject to waste discharge requirements
or applicants for waste discharge requirements pursuant to this
chapter.