BILL NUMBER: SB 753	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Steinberg
   (Coauthors: Assembly Members Dickinson and Pan)

                        FEBRUARY 22, 2013

   An act to amend Section 8709.5 of the Water Code, relating to
flood protection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 753, as introduced, Steinberg. Central Valley Flood Protection
Board: encroachments.
   Existing law provides for the Central Valley Flood Protection
Board with the authority to construct and maintain various flood
control works. Existing law authorizes the board, and the executive
officer if delegated that authority, to issue an order directing a
person or public agency to cease and desist from undertaking, or
threatening to undertake, an activity that may encroach on levees,
channels, or other flood control works under the jurisdiction of the
board. Existing law requires the cease and desist order to be issued
only if the person or public agency has failed to respond in a
satisfactory manner to a prescribed notice provided as specified.
   This bill would authorize notice to be provided by posting a
written notice on the structure or facility that would be the subject
of the order.
   Existing law provides that a cease and desist order is effective
upon its issuance and that copies are required to be served
immediately by certified mail upon the person or agency subject to
the order.
   This bill would authorize service of the cease and desist order by
posting the order on the structure or facility that is the subject
of the order.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 8709.5 of the Water Code is amended to read:
   8709.5.  (a) Notwithstanding Section 8709 or 8709.4, if the board,
or the executive officer if delegated authority by the board,
determines that any person or public agency has undertaken, or is
threatening to undertake, any activity that may encroach on levees,
channels, or other flood control works under the jurisdiction of the
board, the board or executive officer may issue an order directing
that person or public agency to cease and desist. The order may also
be issued to enforce any requirement of a permit or any requirement
under this part that is subject to the jurisdiction of the board.
   (b)  (1)    The cease and desist order shall be
issued only if the person or public agency has failed to respond in a
satisfactory manner to  an   any of the
following: 
    (A)     An  oral notice given in
person or by telephone, followed by a written  confirmation ,
or a   confirmation. 
    (B)     A  written notice given by
certified mail or hand delivered to the landowner or the person
performing the activity.  The 
    (C)     A written notice posted  
on the structure or facility that would be the subject of the order.

    (2)     The  notice shall include the
following: 
   (1) 
    (A   )  A description of the activity that
meets the criteria of subdivision (a) of Section 8709.4 or a
statement that the described activity constitutes an encroachment
that is in violation of this article because it is not authorized by
a valid permit. 
   (2) 
    (   B)  A statement that the described activity
shall immediately cease or the alleged violator may receive a cease
and desist order, the violation of which may subject the violator to
fines or penalties. 
   (3) 
    (   C)  The name, address, and telephone number
of the staff member who is to be contacted for further information.
   (c) The cease and desist order may be subject to terms and
conditions as the board or the executive officer may determine are
necessary to avoid an unreasonable impact on public safety.
   (d) The cease and desist order shall be effective upon its
issuance, and copies shall be served immediately by certified mail
upon the person or agency subject to the order  or by posting the
order on the structure or facility that is the subject of the order
 .