Bill Text: CA SB785 | 2019-2020 | Regular Session | Amended

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

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Bill Title: Public resources: parklands, freshwater resources, and coastal resources: off-highway motor vehicles: public lands.

Spectrum: Committee Bill

Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 469, Statutes of 2019. [SB785 Detail]

Download: California-2019-SB785-Amended.html

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Amended  IN  Senate  April 30, 2019

Amended  IN  Senate  April 11, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 785

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Introduced by Committee on Natural Resources and Water (Senators Stern (Chair), Allen, Borgeas, Caballero, Hertzberg, Hueso, Jackson, Jones, and Monning)

March 11, 2019

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An act to amend Section 2301 of the Fish and Game Code, to repeal Section 50370 of the Government Code, to amend Sections 31013 and 31116 of the Public Resources Code, and to amend Sections 38505, 38506, 38600, 38601, 38602, 38603, and 38604 of the Vehicle Code, relating to public resources.

LEGISLATIVE COUNSEL'S DIGEST

SB 785, as amended, Committee on Natural Resources and Water. Public resources: parklands, freshwater resources, and coastal resources: off-highway motor vehicles: public lands.

(1) Existing law, until January 1, 2020, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director of Fish and Wildlife or the director’s designee to engage in various enforcement activities with regard to dreissenid mussels. Among those activities, existing law authorizes the director to conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels and, if those mussels are detected or may be present, order the closure of the affected waters or facilities to conveyances or otherwise restrict access to the affected waters or facilities, with the concurrence of the Secretary of the Natural Resources Agency.

This bill would extend to January 1, 2030, the repeal date of those provisions.

Under existing law, a violation of these provisions is a crime. By extending the operation of these provisions, this bill would impose a state-mandated local program.

(2) Existing law establishes the State Lands Commission in the Natural Resources Agency and prescribes the functions and duties of the commission. Under current law, the State Lands Commission cedes concurrent criminal jurisdiction to the United States with regard to specified properties.

Existing law authorizes the legislative body of a local agency to convey land that it owns within its boundaries to the United States to be used for federal purposes, as specified. Existing law cedes to the United States exclusive jurisdiction over land conveyed for these purposes, reserving concurrent jurisdiction with the United States for the execution of all civil and criminal process, issued under authority of the state, as if the conveyance had not been made.

This bill would repeal the provision ceding jurisdiction over land conveyed pursuant to the provisions authorizing the legislative body of a local agency to convey land that it owns within its boundaries to the United States to be used for federal purposes.

(2)

(3) Existing law establishes the State Coastal Conservancy in state government, and prescribes the powers and duties of the conservancy with regard to the protection, preservation, and enhancement of specified coastal lands in the coastal zone, as defined. Existing law requires the conservancy to implement various coastal protection programs and projects, and, for purposes of those provisions, defines a “nonprofit organization” to mean any private, nonprofit organization, that qualifies under a specified provision of the United States Internal Revenue Code and whose purposes are consistent with specified provisions related to the conservancy.

This bill would remove the requirement from that definition that the nonprofit organization’s purpose be consistent with specified provisions related to the conservancy.

Existing law authorizes the State Coastal Conservancy to grant funds to a nonprofit organization under specified coastal protection programs and projects if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy. Existing law requires any funds collected from a nonprofit organization pursuant to an agreement regarding a grant issued by the conservancy to be deposited in the Nonprofit Organization Land Trust Account in the State Coastal Conservancy Fund.

This bill would remove the requirement that any funds collected from a nonprofit organization pursuant to an agreement regarding a grant be deposited in the Nonprofit Organization Land Trust Account in the State Coastal Conservancy Fund, and would remove the provisions establishing the account in the fund.

(3)

(4) The California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002, among other things, authorized the issuance of grants to local governments from the sale of bonds for the acquisition, development, restoration, and enhancement of local parks, pursuant to the State General Obligation Bond Law, in specified amounts.

This bill would authorize the County of San Diego to transfer a specified parcel of park property, acquired with those bond funds, to the San Diego County Water Authority and would authorize the county to accept a transfer of a different specified parcel from the California Department of Transportation, if certain conditions are satisfied, including that the county signs an agreement with the Department of Parks and Recreation that ensures that the parcel transferred to the county is maintained and operated in perpetuity for park purposes, as provided. The bill would state that the transfer of the state property is not a sale or other disposition of surplus state property within the meaning of the California Constitution.

(4)

(5) Existing law, the Chappie-Z’berg Off-Highway Motor Vehicle Law of 1971, sets forth operating requirements and restrictions on off-highway motor vehicles, including, among others, all-terrain vehicles and recreational off-highway vehicles. Existing law applies those requirements and restrictions to off-highway motor vehicles operating on lands, other than a highway, that are open and accessible to the public, as specified, except private lands under the immediate control of the owner or the owner’s agent if permission is required and has been granted to operate a motor vehicle.

This bill would clarify that the requirements and restrictions on the operation of all-terrain and recreational off-highway vehicles applies to their operation on these lands.

(6) This bill would make legislative findings and declarations as to the necessity of a special statute pertaining to the lands in the County of San Diego that are involved in the above-described transfer. transfer described in (4) above.

(5)

(7) 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.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 2301 of the Fish and Game Code is amended to read:

2301.

 (a) (1) Except as authorized by the department, a person shall not possess, import, ship, or transport in the state, or place, plant, or cause to be placed or planted in any water within the state, dreissenid mussels.

(2) The director or the director’s designee may do all of the following:

(A) Conduct inspections of conveyances, which include vehicles, boats and other watercraft, containers, and trailers, that may carry or contain adult or larval dreissenid mussels. Included as part of this authority to conduct inspections is the authority to temporarily stop conveyances that may carry or contain adult or larval dreissenid mussels on any roadway or waterway in order to conduct inspections.

(B) Order that areas in a conveyance that contain water be drained, dried, or decontaminated pursuant to procedures approved by the department.

(C) Impound or quarantine conveyances in locations designated by the department for up to five days or the period of time necessary to ensure that dreissenid mussels can no longer live on or in the conveyance.

(D) (i) Conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels. If dreissenid mussels are detected or may be present, the director or the director’s designee may order the affected waters or facilities closed to conveyances or otherwise restrict access to the affected waters or facilities, and shall order that conveyances removed from, or introduced to, the affected waters or facilities be inspected, quarantined, or disinfected in a manner and for a duration necessary to detect and prevent the spread of dreissenid mussels within the state.

(ii) For the purpose of implementing clause (i), the director or the director’s designee shall order the closure or quarantine of, or restrict access to, these waters, areas, or facilities in a manner and duration necessary to detect and prevent the spread of dreissenid mussels within the state. A closure, quarantine, or restriction shall not be authorized by the director or the director’s designee without the concurrence of the Secretary of the Natural Resources Agency. If a closure lasts longer than seven days, the department shall update the operator of the affected facility every 10 days on efforts to address the dreissenid mussel infestation. The department shall provide these updates in writing and also post these updates on the department’s internet website in an easily accessible manner.

(iii) The department shall develop procedures to ensure proper notification of affected local and federal agencies, and, as appropriate, the Department of Water Resources, the Department of Parks and Recreation, and the State Lands Commission in the event of a decision to close, quarantine, or restrict a facility pursuant to this paragraph. These procedures shall include the reasons for the closure, quarantine, or restriction, and methods for providing updated information to those affected. These procedures shall also include protocols for the posting of the notifications on the department’s internet website required by clause (ii).

(iv) When deciding the scope, duration, level, and type of restrictions, and specific location of a closure or quarantine, the director shall consult with the agency, entity, owner, or operator with jurisdiction, control, or management responsibility over the marina, boat launch facility, or other facility, in order to focus the closure or quarantine to specific areas and facilities so as to avoid or minimize disruption of economic or recreational activity in the vicinity.

(b) (1) Upon a determination by the director that it would further the purposes of this section, other state agencies, including, but not limited to, the Department of Parks and Recreation, the Department of Water Resources, the Department of Food and Agriculture, and the State Lands Commission, may exercise the authority granted to the department in subdivision (a).

(2) A determination made pursuant to paragraph (1) shall be in writing and shall remain in effect until withdrawn, in writing, by the director.

(c) (1) Except as provided in paragraph (2), Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the implementation of this section.

(2) An action undertaken pursuant to subparagraph (B) of paragraph (2) of subdivision (a) involving the use of chemicals other than salt or hot water to decontaminate a conveyance or a facility is subject to Division 13 (commencing with Section 21000) of the Public Resources Code.

(d) (1) A public or private agency that operates a water supply system shall cooperate with the department to implement measures to avoid infestation by dreissenid mussels and to control or eradicate any infestation that may occur in a water supply system. If dreissenid mussels are detected, the operator of the water supply system, in cooperation with the department, shall prepare and implement a plan to control or eradicate dreissenid mussels within the system. The approved plan shall contain the following minimum elements:

(A) Methods for delineation of infestation, including both adult mussels and veligers.

(B) Methods for control or eradication of adult mussels and decontamination of water containing larval mussels.

(C) A systematic monitoring program to determine any changes in conditions.

(D) The requirement that the operator of the water supply system permit inspections by the department as well as cooperate with the department to update or revise control or eradication measures in the approved plan to address scientific advances in the methods of controlling or eradicating mussels and veligers.

(2) If the operator of water delivery and storage facilities for public water supply purposes has prepared, initiated, and is in compliance with all the elements of an approved plan to control or eradicate dreissenid mussels in accordance with paragraph (1), the requirements of subdivision (a) do not apply to the operation of those water delivery and storage facilities, and the operator is not subject to any civil or criminal liability for the introduction of dreissenid mussel species as a result of those operations. The department may require the operator of a facility to update its plan, and if the plan is not updated or revised as described in subparagraph (D) of paragraph (1), subdivision (a) shall apply to the operation of the water delivery and storage facilities covered by the plan until the operator updates or revises the plan and initiates and complies with all of the elements of the updated or revised plan.

(e) Any entity that discovers dreissenid mussels within this state shall immediately report the discovery to the department.

(f) (1) In addition to any other penalty provided by law, any person who violates this section, violates any verbal or written order or regulation adopted pursuant to this section, or who resists, delays, obstructs, or interferes with the implementation of this section, is subject to a penalty, in an amount not to exceed one thousand dollars ($1,000), that is imposed administratively by the department.

(2) A penalty shall not be imposed pursuant to paragraph (1) unless the department has adopted regulations specifying the amount of the penalty and the procedure for imposing and appealing the penalty.

(g) The department may adopt regulations to carry out this section.

(h) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section.

(i) This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.

SEC. 2.

 Section 50370 of the Government Code is repealed.

50370.

The Legislature cedes to the United States exclusive jurisdiction over land conveyed pursuant to this article, reserving concurrent jurisdiction with the United States for the execution of all civil and criminal process, issued under authority of the State as if a conveyance had not been made.

SEC. 2.SEC. 3.

 Section 31013 of the Public Resources Code is amended to read:

31013.

 “Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986.

SEC. 3.SEC. 4.

 Section 31116 of the Public Resources Code is amended to read:

31116.

 (a) Funds may be granted to a nonprofit organization under this division if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy.

(b) In the case of a grant for land acquisition, the agreement shall provide all of the following:

(1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy.

(2) The conservancy shall approve the terms under which the interest in land is acquired.

(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt to be incurred by the nonprofit organization unless the conservancy approves the transaction.

(4) The transfer of land acquired pursuant to a conservancy grant shall be subject to the approval of the conservancy and a new agreement sufficient to protect the interest of the people of California shall be entered into with the transferee.

(5) If any essential term or condition is violated, title to all interest in real property acquired with state funds shall immediately vest in the state.

(6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state unless another appropriate public agency or nonprofit organization is identified by the conservancy and agrees to accept title to all interests in real property.

(c) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall set forth the reversionary interest of the state.

(d) The conservancy shall also require an agreement sufficient to protect the public interest in any improvement or development constructed under a grant to a nonprofit organization for improvement and development of a project under this division. The agreement shall particularly describe any real property that is subject to the agreement, and it shall be recorded by the conservancy in the county in which the real property is located.

SEC. 4.SEC. 5.

 Section 38505 of the Vehicle Code is amended to read:

38505.

 A person, on and after January 1, 1989, shall not operate, ride, or be otherwise propelled on an all-terrain vehicle on public lands, as described in Section 38001, unless the person wears a safety helmet meeting requirements established for motorcycles and motorized bicycles, pursuant to Section 27802.

SEC. 5.SEC. 6.

 Section 38506 of the Vehicle Code is amended to read:

38506.

 An operator of an all-terrain vehicle shall not carry a passenger when operating on public lands, as described in Section 38001.

However, the operator of an all-terrain vehicle, that is designed for operation off of the highway by an operator with no more than one passenger, may carry a passenger when operating on public lands, as described in Section 38001.

SEC. 6.SEC. 7.

 Section 38600 of the Vehicle Code is amended to read:

38600.

 A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall be at least 16 years of age, or be directly supervised in the vehicle by a parent or guardian or by an adult authorized by the parent or guardian.

SEC. 7.SEC. 8.

 Section 38601 of the Vehicle Code is amended to read:

38601.

 A person shall not operate, or allow a passenger in, a recreational off-highway vehicle on public lands, as described in Section 38001, unless the person and the passenger are wearing safety helmets meeting the requirements established for motorcycles and motorized bicycles pursuant to Section 27802.

SEC. 8.SEC. 9.

 Section 38602 of the Vehicle Code is amended to read:

38602.

 A person operating, and any passenger in, a recreational off-highway vehicle on lands, as described in Section 38001, shall wear a seatbelt and shoulder belt or safety harness that is properly fastened when the vehicle is in motion.

SEC. 9.SEC. 10.

 Section 38603 of the Vehicle Code is amended to read:

38603.

 (a) A person operating a recreational off-highway vehicle with a model year of 2014 or later on lands, as described in Section 38001, shall not allow a passenger to occupy a separate seat location not designed and provided by the manufacturer for a passenger.

(b) Seats that are installed in a separate seat location not designed and provided by the manufacturer for a passenger in a vehicle with a model year of 2013 or earlier on lands, as described in Section 38001, may be occupied by a passenger if the occupant of the seat is fully contained inside of the vehicle’s rollover protection structure at all times while the vehicle is being operated.

SEC. 10.SEC. 11.

 Section 38604 of the Vehicle Code is amended to read:

38604.

 (a) A person operating a recreational off-highway vehicle on lands, as described in Section 38001, shall not ride with a passenger, unless the passenger, while seated upright with their back against the seatback, can grasp the occupant handhold with the seatbelt and shoulder belt or safety harness properly fastened.

(b) For purposes of this chapter, “occupant handhold” means any factory or aftermarket device grasped by an occupant to provide support and to assist in keeping arms and hands within the recreational off-highway vehicle. The steering wheel shall be considered an occupant handhold for the recreational off-highway vehicle operator.

(c) Occupant handholds shall be designed to allow the recreational off-highway vehicle passenger to exit the vehicle without interference from the handholds.

SEC. 11.SEC. 12.

 (a) For purposes of this section, the following terms have the following meanings:

(1) “Caltrans” means the California Department of Transportation.

(2) “County” means the County of San Diego.

(3) “Department” means the Department of Parks and Recreation.

(4) “SDCWA” means the San Diego County Water Authority.

(5) “SDCWA mitigation program” means the acquisition and development of sensitive habitat lands for compensatory mitigation purposes for biological resources impacts, in advance of impacts that will result from SDCWA’s future capital projects or maintenance actions, consistent with its Department of Fish and Wildlife-approved Natural Community Conservation Plan.

(6) “SR 76” means the State Route 76 highway located in the county.

(7) “Parcel 1” means the parcel of property (Assessor Parcel Number 125-080-20) owned by the county, which is a 2.11-acre portion of a 69-acre property located west of the western terminus of 4500 Dulin Road in Fallbrook, California (92028), in the county, purchased for park purposes with the assistance of two million five hundred thousand dollars ($2,500,000) in grants from the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.696 (commencing with Section 5096.600) of Division 5 of the Public Resources Code).

(8) “Parcel 2” means the parcel of property (Assessor Parcel Number 125-080-13) owned by Caltrans, which is a 2.11-acre portion of property located at 4141 Pala Road in Fallbrook, California (92028), in the county.

(9) “Parcel 3” means the parcel of property owned by SDCWA, which is a 2.76-acre portion consisting of fee and easement over property located in the county on a portion of Assessor Parcel Numbers 125-080-19 and 125-090-36 impacted by Caltrans SR 76 highway improvement project.

(b) The Legislature finds and declares both of the following:

(1) Through a land exchange to be achieved through this act, the county proposes to transfer Parcel 1 to SDCWA because the county cannot utilize the parcel as it is geographically split from the rest of the county’s 67 acres by the San Luis Rey River. SDCWA needs Parcel 1 because it is adjacent to the SDCWA mitigation program.

(2) The county further proposes that Caltrans transfer Parcel 2 to the county on behalf of SDCWA because Parcel 2 is not needed for transportation purposes but is adjacent to the county’s remaining 67 acres. Caltrans is part of the exchange because it owes SDCWA compensation for receiving Parcel 3 for the construction of the SR 76 highway improvement project.

(c) Notwithstanding Chapter 2.5 (commencing with Section 5400) of Division 5 of the Public Resources Code, the county may transfer Parcel 1 to SDCWA and the county may accept Caltrans transfer of Parcel 2 to the county if all of the following conditions are satisfied:

(1) The county and Caltrans each provide an independent assessor’s valuation of fair market value, conducted on or after January 1, 2018, of Parcel 1 and Parcel 2, respectively, to the department on or before May 1, 2020.

(2) The independent assessor’s valuation of the fair market value of Parcel 2 is the same as or greater than the independent assessor’s valuation of the fair market value of Parcel 1.

(3) Caltrans receives the approval of the California Transportation Commission for the transfer to the county of Parcel 2 as soon as is practicable.

(4) The county signs an agreement with the department on or before March 31, 2020, that includes all of the following provisions:

(A) All ongoing obligations of the county connected with Parcel 1 in accordance with the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 (Chapter 1.656 (commencing with section 5096.600) of Division 5 of the Public Resources Code) and any grant agreements entered into pursuant thereto will be transferred to Parcel 2.

(B) The county ensures that Parcel 2 is maintained and operated in perpetuity for park purposes.

(5) All costs associated with the transfers of Parcels 1 and 2 shall be borne by, or reimbursed by, the county on or before July 31, 2020.

SEC. 12.SEC. 13.

 The Legislature finds and declares that the transfer of state property authorized in Section 11 12 of this act does not constitute a sale of state property as set forth in Section 9 of Article III of the California Constitution or subdivision (g) of Section 11011 of the Government Code.

SEC. 13.SEC. 14.

 The Legislature finds and declares that, with respect to Section 11 12 of this act, a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances applicable to the lands in the County of San Diego described in Section 11 12 of this act.

SEC. 14.SEC. 15.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.