reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66640.

66640. (a) Upon the failure of a person to comply with a permit or a cease and desist order issued by the executive director or the commission, or with any provision of this title, the Attorney General, upon request of the commission, shall petition the superior court for the issuance of a preliminary or permanent injunction, or both, as may be appropriate, restraining the person or persons from continuing any activity in violation of the permit, order, or provision of this title.
(b) The evidence before the court shall consist of the record before the executive director or the commission, whoever initially issued the order, and any other relevant evidence that, in the judgment of the court, should be considered to effectuate and implement the policies of this title. In every case brought under this section, the court shall exercise its independent judgment on the evidence.
(c) The court shall issue an order directing defendants to appear before the court at a time and place certain and show cause why the injunction should not be issued. The court may grant any prohibitory or mandatory relief that may be warranted.
(d) The court may stay the operation of the cease and desist order after notice to the executive director or the commission, whichever initially issued the order, and hearing. The stay may be imposed or continued only if it is not against the public interest.
(Amended by Stats. 2004, Ch. 618, Sec. 6. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66640.1.

66640.1. The commission shall create and implement all of the following by the end of the 2020–21 fiscal year:
(a) A procedure to ensure that managers perform a documented review of staff decisions in enforcement cases.
(b) Timelines for resolving enforcement cases.
(c) A penalty matrix for assessing fines and civil penalties.
(d) A method for assessing civil penalties in cases involving multiple violations.
(Added by Stats. 2020, Ch. 220, Sec. 1. (AB 2809) Effective January 1, 2021.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66641.

66641. (a) Any person or governmental agency who intentionally or negligently violates any cease and desist order issued, reissued, or amended by the commission or the executive director may be liable civilly in a sum of not to exceed six thousand dollars ($6,000) for each day in which such violation persists.
(b) The Attorney General, upon request of the commission, shall petition the superior court to impose, assess and recover such sums. In determining such amount, the court shall take into consideration all relevant circumstances, including but not limited to, the extent of harm caused by the violation, the nature and persistence of the violation, the length of time over which the violation occurs and corrective action, if any, taken by the person or governmental agency charged.
(c) The provisions of Section 66640 shall apply to proceedings to impose, assess and recover an amount pursuant to this article.
(d) Remedies under this section are in addition to, and do not supersede or limit, any and all other remedies, civil or criminal.
(Amended by Stats. 1978, Ch. 1094.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66641.5.

66641.5. (a) In addition to any other penalties, any person or entity who violates this title is subject to a civil penalty of not to exceed thirty thousand dollars ($30,000). In determining the amount of a civil penalty, the court shall consider the factors listed in subdivision (a) of Section 66641.9.
(b) In addition to any other penalties, any person or entity who intentionally and knowingly undertakes any activity requiring a permit pursuant to subdivision (a) of Section 66632 without that permit, or who intentionally and knowingly violates any term or condition of any permit issued by or on behalf of the commission, is subject to a civil penalty of not less than one hundred dollars ($100), nor more than ten thousand dollars ($10,000), per day for each day in which that violation occurs or persists.
(c) Except as provided in Section 818, whenever a person or entity has intentionally and knowingly violated this title or any term or condition of a permit issued by or on behalf of the commission, the commission may maintain an action, in addition to the actions authorized pursuant to subdivisions (a) and (b), for the recovery of exemplary damages. In determining the amount to be awarded, the court shall consider the amount of damages necessary to deter further violations.
(d) In addition to any other penalties, a person or entity who negligently undertakes an activity requiring a permit pursuant to subdivision (a) of Section 66632 without that permit, or who negligently violates any term or condition of any permit issued by or on behalf of the commission, is subject to a civil penalty of not less than fifty dollars ($50) nor more than five thousand dollars ($5,000) per day for each day in which that violation occurs or persists.
(e) Civil liability may be administratively imposed by the commission in accordance with Section 66641.6 on any person or entity for any violation of this title or any term or condition of a permit issued by or on behalf of the commission in an amount that shall be not less than ten dollars ($10), nor more than two thousand dollars ($2,000), for each day in which that violation occurs or persists, but the commission may not administratively impose a fine of more than thirty thousand dollars ($30,000) for a single violation.
(f) Any moneys recovered by the commission pursuant to this section shall be deposited in the fund established and administered pursuant to Section 66647.
(Amended by Stats. 2004, Ch. 618, Sec. 7. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66641.6.

66641.6. (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to this article. The complaint shall allege the act or failure to act that constitutes a violation of law, the provision of law authorizing civil liability to be imposed pursuant to this title, and the proposed civil liability.
(b) The complaint shall be served by personal notice or certified mail, and shall inform the party so served that a hearing shall be conducted within 60 days after the party has been served. The hearing shall be before the commission. The complainant may waive the right to a hearing, in which case the commission shall not conduct a hearing.
(c) After any hearing, the commission may adopt, with or without revision, the proposed decision and order of the executive director.
(d) Orders setting administrative civil liability shall become effective and final upon issuance thereof, and any payment shall be made within 30 days. Copies of these orders shall be served by personal service or by registered mail upon the party served with the complaint and upon other persons who appeared at the hearing and requested a copy.
(Added by Stats. 1987, Ch. 519, Sec. 8.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66641.7.

66641.7. (a) Within 30 days after service of an order issued under Section 66641.6, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil Procedure. If no aggrieved party petitions for a writ of mandate within the time provided by this section, an order of the commission shall not be subject to review by any court or agency, except that the commission may grant review on its own motion of an order issued under Section 66641.6 after the expiration of the time limits set by this section.
(b) Upon request of the commission, the Attorney General shall institute an action in the appropriate superior court to collect and recover any administrative civil penalties imposed pursuant to Section 66641.6. The court shall accord priority on its calendar to any such action.
(Added by Stats. 1987, Ch. 519, Sec. 9.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66641.8.

66641.8. No person shall be subject to both civil liability imposed under Section 66641.6 and civil liability imposed by the superior court under Section 66641.5 for the same act or failure to act.
(Added by Stats. 1987, Ch. 519, Sec. 10.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66641.9.

66641.9. (a) In determining the amount of administrative civil liability, the commission shall take into consideration the nature, circumstance, extent, and gravity of the violation or violations, whether the violation is susceptible to removal or resolution, the cost to the state in pursuing the enforcement action, and with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary removal or resolution efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require.
(b) Any moneys recovered by the commission pursuant to Section 66641.6 shall be deposited in the fund established and administered pursuant to Section 66647.
(Added by Stats. 1987, Ch. 519, Sec. 11.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66642.

66642. (a) Every civil action brought under the provisions of this division at the request of the commission shall be brought by the Attorney General in the name of the people of the State of California and any such actions relating to the same violation may be joined or consolidated.
(b) Any civil action brought pursuant to this division shall be brought in a county in which the alleged violation is occurring or may occur. However, any action by or against a city, city and county, county, or other public agency shall, upon motion of either party, be transferred to a county or city and county not a party to the action or to a county or city and county other than that in which the city or public agency is located.
(Added by Stats. 1973, Ch. 766.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66643.

66643. The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it, and for such purposes shall have the same power to conduct investigations and hearings as those conferred upon the heads of state departments by Article 2 (commencing with Section 11180) of Chapter 2 of Division 3 of Title 2.
Upon authorization of the commission, any member of the commission or its designated representative may conduct a hearing or investigation of the commission. Any final action of the commission shall only be taken by a majority of all the members of the commission, at a meeting duly called and held.
All hearings held by the commission or by any designated representative of the commission shall be open and public.
(Added by Stats. 1978, Ch. 1094.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66646.

66646. Notwithstanding any other provision of this title, except subdivisions (b) and (c) of Section 66645, and notwithstanding any provision of Division 19 (commencing with Section 29000) of the Public Resources Code, new or expanded thermal electric generating plants may be constructed within the Suisun Marsh, as defined in Section 29101 of the Public Resources Code, or the area of jurisdiction of the commission, if the proposed site has been determined, pursuant to the provisions of Section 25516.1 of the Public Resources Code, by the State Energy Resources Conservation and Development Commission to have greater relative merit than available alternative sites and related facilities for an applicant’s service area which have been determined to be acceptable pursuant to the provisions of Section 25516 of the Public Resources Code.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66646.1.

66646.1. The Legislature finds that the State Water Resources Control Board and the California Regional Water Quality Control Board for the San Francisco Bay Region have the responsibility for establishing the beneficial uses of the waters of San Francisco Bay and setting water quality objectives to protect these uses, and have the primary responsibility for coordination, control, and enforcement of water quality in San Francisco Bay. The policies, decisions, advice, and authority of these boards should be the primary basis for the commission to carry out its water quality responsibilities in San Francisco Bay.
(Added by Stats. 1991, Ch. 583, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66646.2.

66646.2. The San Francisco Bay Conservation and Development Commission, in coordination with local governments, regional councils of government, and other agencies and interested parties, may develop regional strategies, as needed, for addressing the impacts of, and adapting to, the effects of sea level rise and other impacts of global climate change on the San Francisco Bay and affected shoreline areas. These regional strategies may include, but are not limited to, the following:
(a) Identification of areas that may be subject to erosion, inundation, or other impacts from sea level rise and climate change.
(b) Economic and environmental analyses of the benefits and costs of protecting the areas likely to be impacted.
(c) A plan that describes how to mitigate and adapt to projected sea level rise and other climate-change impacts on the bay and shoreline, including protecting resources from erosion and inundation, and maintaining, restoring, or enhancing the productivity of bay and shoreline environments.
(Added by Stats. 2008, Ch. 442, Sec. 3. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66647.

66647. (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund:
(1) All moneys appropriated by the Legislature for the fund.
(2) All moneys contributed to the fund by any person or entity and accepted by the commission.
(3) All moneys collected civilly under any proceeding brought pursuant to any provision of this chapter or Division 19 (commencing with Section 29000) of the Public Resources Code.
(b) All moneys paid into the fund shall be available for expenditure by the commission or the executive director, when appropriated by the Legislature, for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commission’s jurisdiction.
(Amended by Stats. 1982, Ch. 413, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66648.

66648. Fees collected by the commission pursuant to conditions imposed on permit applicants to mitigate the adverse impacts of permitted development, and any funds paid into the Bay Fill Clean-up and Abatement Fund established by Section 66647, may be transferred to the subaccount of the San Francisco Bay Area Conservancy Program Account established under subparagraph (B) of paragraph (1) of subdivision (b) of Section 31164 of the Public Resources Code or to a substantially similar account in a coastal trust fund, or its equivalent if enacted into law, with the concurrence of the State Coastal Conservancy, to be expended by the conservancy pursuant to its authority under Division 21 (commencing with Section 31000) of the Public Resources Code to carry out the mitigation required under the commission’s permit, or for the purposes set forth in subdivision (b) of Section 66647, as determined by the commission.
(Added by Stats. 2004, Ch. 618, Sec. 8. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66651.

66651. Pursuant to this title the commission has adopted and submitted to the Governor and the Legislature the San Francisco Bay Plan, a comprehensive plan containing statements and maps concerning the following:
(a) The summary and objectives of the plan.
(b) The bay, as a resource, including findings and policies upon: fish and wildlife; water quality; smog and weather; water surface, area, and volume; marshes and mudflats; fresh water inflow; dredging; and shell deposits.
(c) The development of the bay and shoreline, including findings and policies upon: economic and population growth; safety of fills; water-related industries; ports; commercial fishing; airports; recreation; saltponds and other managed wetlands; transportation; other uses of the bay and shoreline; refuse disposal sites; public access; appearance, design, and scenic views.
(d) The implementation provisions in the section on carrying out the plan.
This plan and any amendments thereto shall constitute the plan for the commission to use to establish policies for reviewing and acting on projects until otherwise ordered by the Legislature.
The plan may contain or incorporate by reference special area plans with more specific findings and policies for portions of the bay and its shoreline and other plans addressing special needs, such as seaports.
Any change to the plan shall be made exclusively in accordance with the procedures described in Section 66652 and any regulations the commission may adopt to implement Section 66652.
(Amended by Stats. 1990, Ch. 247, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66652.

66652. The commission at any time may amend, or repeal and adopt a new form of, all or any part of the San Francisco Bay Plan but such changes shall be consistent with the findings and declarations of policy contained in this title.
Such changes shall be made by resolution of the commission adopted after public hearing on the proposed change, of which adequate descriptive notice shall be given. If the proposed change pertains to a policy or standard contained in the San Francisco Bay Plan, or defines a water-oriented use referred to in Section 66602 or 66605, the resolution adopting the change shall not be voted upon less than 90 days following notice of hearing on the proposed change and shall require the affirmative vote of two-thirds of the commission members. If the proposed change pertains only to a map or diagram contained in the San Francisco Bay Plan, the resolution adopting the change shall not be voted on less than 30 days following notice of hearing on the proposed change, except that changes proposed under Section 66611 shall not be voted on less than 90 days following such notice, and shall, except as provided by Section 66611, require the affirmative vote of the majority of the commission members.
(Amended by Stats. 1972, Ch. 373.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66653.

66653. If a function or activity is within the area of the commission’s jurisdiction and requires the securing of a permit, the commission shall exercise its power to grant or deny a permit in conformity with the provisions of this title and with any provisions of the plan pertaining to placing of fill, extraction of materials, construction methods and use or change of use of water areas, land or structures. If a function or activity is outside the area of the commission’s jurisdiction or does not require the issuance of a permit, any provisions of the plan pertaining thereto are advisory only.
(Repealed and added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66654.

66654. Within the area of the commission’s jurisdiction under subdivisions (b), (c) and (d) of Section 66610, any uses which are in existence on the effective date of this section may be continued, provided, that no substantial change shall be made in such uses except in accordance with this title.
Any owner of property devoted to an existing use or uses may file an application with the commission to determine the nature of such existing use or uses, the extent of territory then devoted to such use or uses, and such additional territory adjacent thereto as may be expected to be reasonably necessary for the expansion of such use or uses during a period of not to exceed 15 years from the date of filing such application. Not later than 90 days after such filing, the commission after public hearing shall adopt a resolution making such determination. After the adoption of such resolution no permit need be obtained from the commission for any of the existing use or uses specifed in the resolution or for the expansion thereof within the territory described in said resolution.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66655.

66655. If, prior to September 1, 1969, any city or county has adopted an ordinance or issued a permit authorizing a particular use or uses within the areas defined in subdivisions (b), (c) and (d) of Section 66610, no person who has obtained a vested right thereunder shall be required to secure a permit from the commission, providing, that no substantial changes may be made in any such use or uses, except in accordance with this title. Any such person shall be deemed to have such vested rights if, prior to September 1, 1969, he has in good faith and in reliance upon the ordinance or permit commenced and performed substantial work on the use or uses authorized and incurred substantial liabilities for work and materials necessary therefor. Expenses incurred in obtaining the enactment of an ordinance or the issuance of a permit shall not be deemed liabilities for work or material.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66656.

66656. (a) Any person claiming an exemption from the permit requirements of Section 66632 for placement of fill within the area of the commission’s jurisdiction under subdivisions (a), (c), and (d) of Section 66610 after January 1, 1974, through reliance upon Section 66632.1 or 66655 shall, within 90 days after January 1, 1974, notify the commission by filing a claim of exemption with the commission. Failure of any person to file a claim of exemption within such time shall subject such activity of such person within such area of the commission’s jurisdiction to the permit requirements of this act.
(b) The commission shall, by regulation, establish procedures, including public hearings, for determining claims of exemption and may require documentation, including declarations under penalty of perjury or affidavits, to support any claim of exemption.
(c) The commission shall take reasonable steps to notify persons of this section, but the failure of any person to receive such notice shall not extend the period within which a claim of exemption is required to be filed under this section.
(d) This section shall not apply either to any person who has received a written determination by or on behalf of the commission prior to January 1, 1974, that a specific project is exempt from the provisions of this act or to any person who is a party to a written agreement with the commission relating to a claim of exemption.
(Added by renumbering Section 66656.1 by Stats. 1977, Ch. 1223.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66657.

66657. In eminent domain or inverse condemnation proceedings for any property within the area of the commission’s jurisdiction, in determining “just compensation,” as used in Section 19 of Article I of the California Constitution, or the compensation provided in Chapter 9 (commencing with Section 1263.010) and Chapter 10 (commencing with Section 1265.010) of Title 7 of Part 3 of the Code of Civil Procedure, the influence of the San Francisco Bay Plan, in effect at the time of the taking or damaging of the property, upon the value of the property or the interest being valued shall be inadmissible as evidence and not a proper basis for an opinion as to the value of the property.
(Amended by Stats. 1975, Ch. 582.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66658.

66658. Until the termination of the existence of the commission, it shall have all powers and duties prescribed by Chapters 1 (commencing with Section 66600) to 4 (commencing with Section 66630), inclusive, of this title including, without limitation, the power to continue or make further studies authorized thereby.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66659.

66659. The commission shall continue in existence until such time as the Legislature provides for the termination of the existence of the commission or for the transfer of the commission’s functions and duties to some other permanent agency.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66660.

66660. The commission shall make a supplemental report, or reports, containing all of the following:
(a) The results of any continued or further studies made by the commission;
(b) Such other information and recommendations as the commission deems desirable.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66660.1.

66660.1. Notwithstanding any provision of this title to the contrary, the jurisdiction of the commission, except for the control of fill or extraction of materials shall not include the shoreline within a city limit upon which any person or entity has commenced and performed substantial work for the purpose of establishing a planned community development on land already filled and requiring no additional fill or extraction, and for which the planning commission approval of the city council has been obtained prior to July 1, 1969.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5 - The San Francisco Bay Plan and Further Reports of the Commission › Section 66661.

66661. The commission shall annually file a supplemental report with the Governor and the Legislature by the fifth legislative day of each regular session of the Legislature commencing not later than the 1971 Regular Session.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 1 - Findings and Declarations › Section 66663.

66663. The Legislature hereby finds and declares that because of the shallowness and high rate of sedimentation of the San Francisco Bay, dredging is essential to establish and maintain navigational channels for maritime commerce, which contributes substantially to the local, regional, and state economies, as well as for military navigation, flood control, recreational boating, and other public purposes.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 1 - Findings and Declarations › Section 66663.1.

66663.1. The Legislature further finds and declares that it is in the interest of the state to accomplish the following:
(a) Establish the relative importance of dredging needs so that the most important projects can be prioritized and accomplished quickly and unnecessary dredging activities are eliminated.
(b) Examine the potential for and promote using dredged materials as a resource, such as creating new wetlands and maintaining existing levees.
(c) Establish a broad range of environmentally sound and economically feasible disposal options in order to protect fish and wildlife resources and other beneficial uses of the bay and the ocean.
(d) Identify how disposal sites can best be managed and assure adequate monitoring of dredging and disposal activities.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 1 - Findings and Declarations › Section 66663.2.

66663.2. The Legislature further finds and declares that the United States Army Corps of Engineers, the Environmental Protection Agency, the State Water Resources Control Board and relevant California regional water quality control boards, and the San Francisco Bay Conservation and Development Commission have agreed to participate in a joint effort known as the Long Term Management Strategy (LTMS) to formulate a federal/state management strategy for bay dredging that concentrates federal efforts toward studying and possibly designating ocean disposal sites, and state efforts towards inbay and upland disposal options. This chapter is intended to reflect the commission’s role in the Long Term Management Strategy, including all of the following:
(a) Evaluation of the use of upland, diked bayland, and delta areas for reuse of material dredged from the bay, regulatory constraints and opportunities involving upland disposal, and potential project sponsors and methods to implement those uses.
(b) Participation with the United States Geological Survey to make a detailed study of bay sediment processes affecting the need for bay dredging and the physical impacts of inbay disposal to augment the modeling work on bay sediment dynamics being performed by the State Water Resources Control Board and the United States Army Corps of Engineers.
(c) Participation in the studies of the economic and environmental impacts of the array of disposal options, and assistance in the identification of feasible and environmentally acceptable disposal sites for material dredged from the bay in the ocean, bay, upland, and delta areas, with particular attention given to identifying sites suitable for the reuse of dredged materials.
(d) Participation in the development of a joint agency comprehensive dredging management plan to implement the Long Term Management Strategy, which shall include all of the following:
(1) Prioritization of dredging needs, taking into account technical requirements, geographic factors, costs, and economic investments affecting, and environmental impacts resulting from, maritime, recreational boating, and other dredging projects, and the monitoring and evaluation of regulatory compliance, the environmental effects of dredging and disposal, and the effectiveness of designated disposal sites.
(2) Guidelines for dredging and disposal.
(3) The establishment and implementation of an office of dredged material management, that includes at a minimum the agencies identified in Section 66663.2, and which will simplify and expedite the processing of permit applications for the dredging and disposal of dredged material using the Long Term Management Strategy goals and policies.
(4) The development of alternatives to open water disposal of dredged sediments.
(Amended by Stats. 1995, Ch. 951, Sec. 3. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 1 - Findings and Declarations › Section 66663.3.

66663.3. The Legislature finds and declares that the commission should avoid duplication of effort in carrying out its role in the Long Term Management Strategy by making maximum use of information available from other portions of the strategy, the San Francisco Estuary Project, and other federal, state, and local agencies and private organizations.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.

66664. “Bay” means all portions of San Francisco Bay, as defined in subdivision (a) of Section 66610.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.1.

66664.1. “Commission” means the San Francisco Bay Conservation and Development Commission.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.2.

66664.2. “Delta” means the Sacramento-San Joaquin Delta, as described in Section 12220 of the Water Code.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.3.

66664.3. “Dredged material disposal” means the placement of material extracted by dredging.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.4.

66664.4. “Dredging” means the extraction of sand, mud, or other materials from San Francisco Bay, its tributaries, the delta, or coastal state waters.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.5.

66664.5. “Reuse” means the use of dredged material as a construction material or for some other beneficial purpose.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 2 - Definitions › Section 66664.6.

66664.6. “Upland disposal” means disposal of dredged material in areas not subject to tidal action.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 5.5 - San Francisco Bay Dredging › ARTICLE 3 - Implementation › Section 66666.

66666. No provision of this chapter shall be construed to change any existing regulatory authority under Division 6 (commencing with Section 6001), Division 7 (commencing with Section 8600), or Division 13 (commencing with Section 21000) of the Public Resources Code, or the Porter-Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), all of which shall remain in full force and effect. Nothing in this chapter shall be construed to remove or otherwise affect certifications, waivers of certifications, waste discharge requirements, or commission or State Lands Commission permits now or hereafter issued for dredging and disposal projects pursuant to this title or any other applicable provision of state or federal law.
(Added by Stats. 1991, Ch. 583, Sec. 3.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66671.

66671. The Legislature hereby finds and declares that the area of White Slough, consisting of at least 336 acres of tidal wetlands, 132 acres of tidally influenced wetlands, and 103 acres of adjacent upland, comprises a valuable wetland and urban resource in western Solano County, provides diverse habitat for waterfowl and endangered species, includes degraded areas which can be improved for both wildlife and the public, and is adjacent to developed areas that need adequate transportation and protection from flooding.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66672.

66672. The Legislature further finds and declares that the area of White Slough was not within the jurisdiction of the San Francisco Bay Conservation and Development Commission from the time the commission was established in 1965 until the winter of 1976–77, when storms and other natural forces caused levees along the Napa River to breach, allowing greater and more frequent inundation by the tides into much of the area of White Slough. Because neither the owners of the property in the area of White Slough, nor any public agency repaired the levees in a timely manner, subsequently in 1977, most of the area of White Slough became subject to the jurisdiction of the commission and thereby subject to this title.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66673.

66673. The Legislature further finds and declares that the breaches in the Napa River levees have caused a major sewerline to be covered by tidal waters, which could lead to serious water pollution in sensitive wildlife habitat areas in the event of leakage or breakage, to problems of infiltration of tidal waters into the sewerline, and to damage of wetlands during the normal maintenance of the sewerline. The breaches also allow the flooding of State Highway Route 37 and nearby developed areas which has already caused damage in excess of one million dollars ($1,000,000) and threatens to cause additional damage in the future.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66674.

66674. The Legislature further finds and declares that it is in the public interest to provide flood protection to the residents and property surrounding White Slough, to relocate the flooded sewerlines in White Slough, and to enhance the ecological values of South White Slough, even though those improvements require some fill in tidal and tidally influenced wetlands. The Legislature further finds and declares that the United States Army Corps of Engineers has studied the flooding problems of White Slough and has identified the construction of levees protecting existing filled or developed lands north and south of State Highway Route 37 as an environmentally sound and economically feasible method of providing flood protection, together with a combined improved transportation route and flood control levees along State Highway Route 37.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66675.

66675. The Legislature further finds and declares that use of State Highway Route 37 now exceeds the highway’s capacity, and that widening of the highway to four lanes with a minimum amount of fill may only be accomplished in the context of a project to relocate existing sewerlines, to protect private property, and to enhance the ecological values of South White Slough. The Legislature further finds and declares that, because of the unusual circumstances by which tidal influence was returned to White Slough, a combined project may be approved only if all adverse impacts to the environment are mitigated, and the overall effect of the project will be to improve the ecological value of the area.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66676.

66676. The Legislature further finds and declares as follows:
(a) The provisions of this chapter are required because of extraordinary circumstances which have developed in the area of White Slough caused by the breaches of the Napa River levee.
(b) Existing public access to the waters of White Slough is inadequate and may be improved along the periphery of South White Slough as part of an ecological enhancement project.
(c) It is in the public interest to devise a resolution of these significant problems that is specific to the area of White Slough.
(d) It is not the intent of the Legislature, in enacting this chapter, to modify any provision of this title except as otherwise expressly provided in this chapter.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66677.

66677. The Legislature further finds and declares that, in order to preserve the integrity and to assure the continued wildlife use of White Slough, to provide adequate flood protection, to reduce air pollution, and to complete a necessary transportation facility, there is a need for all of the following:
(a) The establishment and maintenance of adequate waterflow and water quality and the improvement of present water management practices, including drainage and upland flood protection.
(b) The permanent protection by local agencies of tidal wetlands and tidally influenced areas of White Slough, adjacent wetlands, and upland habitat areas.
(c) Implementation of a plan to enhance the wetland values of White Slough, permanently protect wetland, tideland, marsh, and upland habitat areas, provide for an improved transportation link, provide flood protection for already developed upland areas, assure compatible upland development, and provide new public access to and along tidally influenced areas of South White Slough.
(d) Assurance that state interests in the area of White Slough, including water quality, waterflow, habitat protection and enhancement, public access, transportation, and flood protection, will be protected.
(Added by Stats. 1990, Ch. 247, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 6 - White Slough Protection and Development › Section 66678.

66678. As used in this chapter, the following terms have the following meanings:
(a) “City” means the City of Vallejo.
(b) “Commission” means the San Francisco Bay Conservation and Development Commission.
(c) “County” means the County of Solano.
(d) “Department” means the Department of Transportation.
(e) “Plan” means the White Slough Specific Area Plan adopted pursuant to this chapter.
(f) “South White Slough” means all tidally influenced areas south of State Highway Route 37 which would naturally drain northerly to the Napa River, any areas within the tidally influenced portions of the slough that have been filled pursuant to a commission permit, and any areas within the tidally influenced portions of the slough which have been filled after January 1, 1977, without a permit from the commission.
(g) “White Slough” means, within the county and the city, the historic, unfilled bed of White Slough, all lands surrounding the historic bed of White Slough that have been touched by tidal waters since January 1, 1977, any areas within the tidal and tidally influenced portions of the slough that have been filled pursuant to a permit from the commission, and any areas within the tidal and tidally influenced portions of the slough which have been filled after January 1, 1977, without a permit from the commission.
(h) “White Slough Project” means, within the county and the city, the restoration and enhancement of the habitat values of South White Slough, the widening of State Highway Route 37 between Sacramento Street and State Highway Route 29 to not more than four traffic lanes with medians and shoulders of the minimum width possible, the construction of new tidal channels and control structures underneath the existing and the widened portions of State Highway Route 37, the construction of new interchanges between State Highway Route 37 and State Highway 29 and Sacramento Street, the covering with fill of an existing sewerline on the south side of the highway widening, and the relocation of the existing sewerline north of State Highway Route 37 within the area required for the widening of State Highway Route 37.
(Added by Stats. 1990, Ch. 247, Sec. 2.)