BILL NUMBER: SB 657 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Gaines
FEBRUARY 18, 2011
An act to add Section 5653.2 to, and to repeal and add Section
5653.1 of, the Fish and Game Code, relating to fish and wildlife, and
declaring the urgency thereof, to take effect immediately.
SB 657, as introduced, Gaines. Vacuum or suction dredge equipment.
The California Environmental Quality Act requires a lead agency,
as defined, to prepare, or cause to be prepared by contract, and
certify the completion of, an environmental impact report on a
project, as defined, that it proposes to carry out or approve that
may have a significant effect on the environment, or to adopt a
negative declaration if it finds that the project will not have that
effect. The act exempts from its provisions, among other things,
certain types of ministerial projects proposed to be carried out or
approved by public agencies, and emergency repairs to public service
facilities necessary to maintain service.
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, 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 the department
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 repeal the prohibition on the use of vacuum or
suction dredge equipment, and would exempt the issuance of permits to
operate vacuum or suction dredge equipment from the California
Environmental Quality Act until January 1, 2014. The bill would
require the department to refund a specified portion of the permit
fee paid by a person issued a vacuum or suction dredge equipment
permit and subject to the prohibition on the use of vacuum or suction
dredge equipment. The bill would require the department, on or
before January 1, 2014, to complete an economic impact report on the
prohibition on the use of vacuum and suction dredge equipment.
This bill would declare that it is to take effect immediately as
an urgency statute.
Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5653.1 of the Fish and Game Code is repealed.
5653.1. (a) The issuance of permits to operate vacuum or suction
dredge equipment is a project pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and permits may only be issued,
and vacuum or suction dredge mining may only occur as authorized by
any existing permit, if the department has caused to be prepared, and
certified the completion of, an environmental impact report for the
project pursuant to the court order and consent judgment entered in
the case of Karuk Tribe of California et al. v. California Department
of Fish and Game et al., Alameda County Superior Court Case No. RG
05211597.
(b) Notwithstanding Section 5653, the use of any vacuum or suction
dredge equipment in any river, stream, or lake of this state is
prohibited until the director certifies to the Secretary of State
that all of the following have occurred:
(1) The department has completed the environmental review of its
existing suction dredge mining regulations, as ordered by the court
in the case of Karuk Tribe of California et al. v. California
Department of Fish and Game et al., Alameda County Superior Court
Case No. RG 05211597.
(2) The department has transmitted for filing with the Secretary
of State pursuant to Section 11343 of the Government Code, a
certified copy of new regulations adopted, as necessary, pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code.
(3) The new regulations described in paragraph (2) are operative.
(c) The Legislature finds and declares that this section, as added
during the 2009-10 Regular Session, applies solely to vacuum and
suction dredging activities conducted for instream mining purposes.
This section does not expand or provide new authority for the
department to close or regulate suction dredging conducted for
regular maintenance of energy or water supply management
infrastructure, flood control, or navigational purposes governed by
other state or federal law.
(d) This section does not prohibit or restrict nonmotorized
recreational mining activities, including panning for gold.
SEC. 2. Section 5653.1 is added to the Fish and Game Code, to
read:
5653.1. (a) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code) does
not apply to the issuance of permits to operate vacuum or suction
dredge equipment pursuant to Section 5653.
(b) This section shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2014, deletes or extends
that date.
SEC. 3. Section 5653.2 is added to the Fish and Game Code, to
read:
5653.2. (a) The department shall refund a portion of the permit
fee paid by a person issued a permit for the use of vacuum or suction
dredge equipment pursuant to Section 5653 and subject to the
prohibition on the use of vacuum and suction dredge equipment imposed
by Section 5653.1, as that section read on August 6, 2009. The
amount of any refund issued pursuant to this subdivision shall be
prorated to refund the portion of the permit fee that is attributable
to the period for which the permit was issued and for which the
permittee could not use vacuum or suction dredge equipment as a
result of the prohibition on the use of vacuum and suction dredge
equipment.
(b) On or before January 1, 2014, the department shall complete a
report on the economic impacts of the prohibition on the use of
vacuum and suction dredge equipment imposed by Section 5653.1, as
that section read on August 6, 2009.
SEC. 4. 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 address, at the earliest time possible, the financial
hardship caused by the moratorium on vacuum and suction dredging to
those who depend on vacuum and suction dredging for their livelihood,
it is necessary that this act take effect immediately.
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