Note: The Legislature will reconvene on January 3, 1996.
Please contact Jeff Stump, Legislative Coordinator, at (916) 445-6067 with any questions on the material contained in this report.
This report is divided into four sections. Section I provides summaries of priority bills that were chaptered into law during the 1995 Legislative session. Section II provides summaries of priority bills that were vetoed by the Governor. Section III provides summaries of priority bills that were held over during the first half of the session but could be acted on during 1996. Section IV provides a copy of SB 654 and the Governor’s veto message for SB 872.Note: The Legislature will reconvene on January 3, 1996.
Please contact Jeff Stump, Legislative Coordinator, at (916) 445-6067 with any questions on the material contained in this report.
AB 356 (W. Murray) Alleys: Vehicular and Pedestrian Access: Local RegulationAuthorizes local agencies to adopt rules and regulations prohibiting and restricting vehicular or pedestrian traffic to or through any alley, by means of gates, barriers, or other traffic control devices, when, in the opinion of the local authority having jurisdiction over the alley, it is necessary for the protection or preservation of the public peace, safety, health, or welfare. AB 356 was amended to subject such action to review by the Coastal Commission where the alley provides direct public access to any public beach or state waters.
Commission Position - NEUTRAL
Status - Chapter 215, Statutes of 1995.
AB 1303 (McPherson) Coastal Resources: Coastal Development Permit Applications: AppealsClarifies the “patently frivolous” appeals procedures established by SB 303 (Beverly) in 1993. Authorizes a local government, after certification of its local coastal program, to waive the public hearing requirement on a coastal development permit application for minor development, if certain conditions are met.
Commission Position - SUPPORT
Status - Chapter 669, Statutes of 1995.
SB 297 (Campbell) State Regulatory Activities: Principal AgenciesRequires that, notwithstanding any other provision of law, and to the extent it is not in conflict with federal law, a principal state agency shall be designated by the Governor for every definable area of regulatory activity under the jurisdiction of the state or imposed federal law or regulation. All other state agencies can be required to defer to the principal agency in the performance of their duties in a particular regulatory area, or upon a particular project.
Commission Position - OPPOSE
Status - Chapter 650, Statutes of 1995.
SB 654 (Craven) Coastal Resources: Beach ReplenishmentSB 654 appropriated $1,044,000 from the Harbor and Watercraft Revolving Fund to Department of Boating and Waterways to fund a $700,000 grant to the San Diego Association of Governments to pay for costs associated with the United States Navy Aircraft Carrier Homeporting Project in the San Diego Harbor. This money will be used to supplement federal funds for the direct or indirect placement of dredged sand on the beaches in the San Diego Harbor area and other related uses.
Status - Chapter 606, Statutes of 1995.
SB 787 (Mello) California Coastal Commission: Secretary of Trade and CommerceReinstates the Secretary of Trade and Commerce as a nonvoting member of the commission, and makes a related statement of legislative intent. Replaces a subsection of the Coastal Act that was inadvertently deleted during the 1994 Legislative session. (Urgency Bill)
Status - Chapter 208, Statutes of 1995.
SB 1083 (Beverly) Oil Spills: ResponseVests in the administrator for oil spill response the state authority over the use of all oil spill response methods, including burning agents, dispersants, and any oil spill cleanup agents in connection with an oil discharge and deleted the requirement that it be consistent with specified regulations.
Status - Chapter 265, Statutes of 1995.
SB 872 (O’Connell) Oil Spills: Response SECTION II. VETOED LEGISLATION
SB 872 would have required the administrator for oil spill response to establish a unified incident command team to supervise or oversee the response and cleanup process related to an oil spill in the marine waters of the state. The unified command team would have consisted of the state’s incident commander designated by the administrator, the representative or representatives of the local jurisdiction or jurisdictions directly effected by the spill, and the senior representative of the party responsible for the spill, if the party is identified and assumes responsibility. Status - Vetoed by Governor
SECTION III. PRIORITY LEGISLATION - MAY BE ACTED ON IN 1996
AB 450 (Hauser) Pollution
AB 450 would: a) authorize a person to retain and maintain certain structures treated with creosote that are in contact with the waters of the state if the structure was in existence on January 1, 1996, b) permit a person to proceed with the installation of new or replacement structures treated with creosote that are in whole, or in part, in contact with the marine waters of the state if all applicable permits have been approved by January 1, 1996, under specified conditions, and c) require the Department of Fish and Game, in cooperation with the Regional Water Quality Control Boards, to report to the Legislature, by January 1, 1999, on the number and types of discharge permits approved, and other matters relating to the use of creosote. This bill would be repealed on January 1, 2000.
Introduced - 02/16/95
Last Amend - 05/18/95
Status - This is a two year bill.
AB 678 (Woods) Restoration of Land: Disasters: CEQA ExemptionAB 678 would create a new exemption from “any environmental review” for repairs and restoration to land and any appurtenant structures in need of repairs due to any natural or manmade disaster or an emergency. The bill would provide that the land and structures may be restored to the state that they were in immediately prior to the disaster or emergency.
Introduced - 02/21/95
Last Amend - None
Status - This is a two year bill.
AB 1119 (Kuykendall) Vessels: Oil SpillsWould amend the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act to require any disabled vessel to report to the United States Coast Guard within one hour of becoming disabled.
Introduced - 02/23/95
Last Amend - 04/18/95
Status - This is a two year bill.
AB 1319 (Olberg) Private Property Rights ProtectionAB 1319 would require each state agency to evaluate its proposed regulatory actions for compliance with the most recent decisions of the United States Supreme Court, the California Supreme Court, and other relevant judicial authority in order to ensure the appropriate protection of private property rights. The bill would require each state agency to take appropriate measures to assure that its actions affecting private property are properly supported by the administrative record, existing statutory and other legal authority, and comply fully with judicial authority.
Introduced - 002/23/95
Last Amend - None
Status - This is a two year bill.
AB 1320 (Olberg) Real Property: TakingsAB 1320 would require a state agency to certify that it has completed a private property taking impact analysis before commencing any regulatory action that could result in a taking or diminution of use or value of private property and to provide copies of that analysis to the public and to the property owner. Any costs, values, or estimates contained in a private property taking impact analysis shall be presumed to be outdated and inaccurate if the analysis was completed more than 5 years before a judicial or administrative proceeding and not updated within that 5-year period. The bill would create a cause of action against the state if any regulatory action infringes upon a right to real property that would otherwise exist and this infringement would result in a discrete and nonnegligible reduction in the fair market value of the affected portion of the real property, and provides that a prevailing plaintiff shall be awarded reasonable litigation costs and that any award or judgment for the plaintiff shall be paid out of the budget of the agency or agencies undertaking the regulatory action. AB 1320 would create within the Resource Agency the Real Property Ombudsman with specified powers and duties relating to issues of taking and diminution of use or value of private property. This bill would apply to any regulatory action occurring on or after January 1, 1996, and would require that an action taken under this bill would have be brought within 6 years of the regulatory action.
Introduced - 02/23/95
Last Amend - None
Status - This is a two year bill.
SB 466 (Leonard) Eminent Domain: Inverse CondemnationSB 466 would provide that if a public entity adopts or enacts a statute, ordinance, resolution, or other measure, or institutes any other official decision, action, policy, or practice, which results directly in the reduction of the market value of real property other than real property owned by a public entity by 25% or more, the property owner may bring an action for inverse condemnation. This bill would also provide that in such an action, the property owner shall carry the burden of proving the extent of the reduction in market value of the real property by the testimony of at least 3 certified real estate appraisers.
Introduced - 02/17/95
Last Amend - 03/28/95
Status - This is a two year bill.
SB 635 (Haynes) Property and Homeowner Protection ActSB 635 would enact the Property and Homeowner Protection Act, which would include findings and declarations of the Legislature relating to the rights of property owners. The bill would require that, whenever implementation of a regulatory program by the state or a political subdivision thereof denies a permitted use, without adequate compensation therefor, by a landowner of his or her land, the property shall be deemed to have been taken for public use and the landowner shall be entitled to compensation. This bill would limit the authority of a public agency to regulate land use, and would require public agencies to review all proposed regulatory actions as to their impact on the rights of effected property owners, and require the Attorney General to promulgate a publication, as specified, to which each state agency would be required to refer to in evaluating actions involving private property rights.
Introduced - 02/22/95
Last Amend - None
Status - This is a two year bill.
SB 1084 (Beverly) Oil Spills: Financial ResponsibilitySB 1084 would require the administrator for oil spill response to establish, no later than January 31, 1996, a standing committee to be known as the Marine Facilities Oil Spill Protection Committee. The committee would be required to submit a report to the Governor and the Legislature, on or before January 1, 1997, and annually thereafter. This bill would prohibit the administrator for oil spill response from requiring the marine facility to demonstrate the ability to pay an amount greater than $10,500 per barrel of oil that could be released during a reasonable worst case oil spill, as defined, and would authorize the administrator to issue a certificate of financial responsibility to a marine facility based on an amount less that $10,500 per barrel, based on acceptable evidence submitted by the applicant.
Introduced - 02/24/95
Last Amend - None
Status - This is a two year bill.
Created and Maintained by Jeff Stump, Legislative Coordinator, California Coastal Commission
jstump@cwo.com