Fish and Game

AB 979 (Berryhill) – Request for Comment
As Amended August 18, 2010

AB 979, by Assembly Member Tom Berryhill, was recently amended and moved off the inactive file. The bill provides that the state fully occupies the field of hunting and fishing. The bill prohibits a city or county from adopting an ordinance or regulation that affects the taking of fish and game, unless the ordinance or regulation is both necessary for public health and safety and has only an incidental impact on the field of hunting and fishing preempted by state law. The bill also provides that unless otherwise authorized by the Fish and Game Code or other state or federal law, the Fish and Game Commission and the Department of Fish and Game are the only entities that may adopt or promulgate regulations regarding the taking of fish and game on any lands or waters within the state, except as specified. 

This bill is substantially similar to last year’s AB 815, which was vetoed by the Governor. Supporters of this bill argue that the benefit of this proposed law is to avoid piecemeal regulation of hunting and fishing, and to maintain this regulatory authority at the Department of Fish and Game and the California Fish and Game Commission. CSAC, along with the League of California Cities recognize the state’s role over fish and game matters. We have removed our opposition based on the redraft of previous amendments, as related to trapping. The most recent amendments recognize the authority of cities and counties to protect the public based on local needs and apply only to activities for which a hunting or fishing license is required by the Fish and Game Code or regulations adopted by the Commission. 

AB 1929 (Chapter No. 152, Statutes of 2010)
Chaptered on August 18, 2010

AB 1929, by Assembly Member Isadore Hall, provides that the operator of water delivery or storage facilities for public water supply purposes that prepares, initiates and complies with all the elements of a plan to control and eradicate mussels in accordance with existing law shall be immune from civil or criminal liability for introduction of mussels as a result of operation of those facilities. 

AB 1929 is virtually identical to last year’s AB 804, which was vetoed by the Governor. However, AB 1929 specifically exempts state agencies with authority pursuant to this section from liability.

Forestry

AB 2163 (Mendoza) – Support 

As Enrolled on August 18, 2010

AB 2163, by Assembly Member Tony Mendoza, was approved by the Senate this week and will now go to the Governor. This bill clarifies AB 1066 (Mendoza) from last year, regarding timber harvest plans. The lengthy and expensive timber harvest plan process is often an obstacle to good forest management creating greater fire danger in our forestlands. AB 2163 and its predecessor, AB 1066 will help economically weakened rural areas, dependant on forestry, in these difficult financial times, as well as encouraging greater forest management and fire prevention. CSAC supports this bill, along with the Regional Council of Rural Counties (RCRC), because the system proposed would spread timber harvesting and associated activities over a longer period than current law allows, which is actually easier on the landscape and would not result in any adverse changes to the environment.

Conservation

SB 1334 (Wolk) – Support
As Enrolled on August 17, 2010

SB 1334, by Senator Lois Wolk, would expand the cooperation requirement in the development of a Natural Community Conservation Plan (NCCP). Existing statute calls for cooperation in the development of a NCCP. However, it does not specifically require the involvement of local agencies that have land use permit authority over the activities addressed in the plan. This bill would do just that – require coordination with local agencies that have land use authority permit authority over the activities proposed to be addressed in the plan. CSAC supports this bill because we believe it is imperative that in the development of a NCCP, local agencies with land use authority be involved, allowing for a coordinated and comprehensive approach with all stakeholders at the table.

Solid Waste

AB 737 (Chesbro) – Support
As Amended August 18, 2010

AB 737, by Assembly Member Wes Chesbro, would require the Department of Resources Recycling and Recovery (CalRecycle) to report to the Legislature on the current diversion rate in the state and potential strategies to increase the diversion rate to 75 percent, and report information on the costs of the strategies identified in the report. This bill requires certain businesses to arrange for recycling services and requires local governments to implement a commercial recycling program. CSAC, along with RCRC and the League of Cities, supports this bill because we believe the current draft achieves several goals: flexibility, economic sensitivity, and increasing the amount of solid waste diverted from landfills. Recent amendments mirror the current efforts occurring at CalRecycle. While a mandatory commercial recycling effort will be imposed, the structure it provides will ensure flexibility to both local governments and businesses.