This report provides summaries and the status of two year bills that staff identified as priority issues for the 1996 Legislative session.
Note: January 19th is the last day that policy committees can hear and report two year bills for referal to fiscal committees.
Please contact Jeff Stump, Legislative Coordinator, at (916) 445-6067 with any questions on the material contained in this report.
AB 450 (Hauser) Pollution
AB 450 would authorize a person to retain and maintain, or to proceed with the installation of certain new or replacement, structures treated with creosote that are in whole or in part in contact with the waters of the state if the structure was in existence on January 1, 1996, and if the application of creosote and the installation is made in a manner consistent with best management practices and is in compliance with the Safe Drinking Water and Toxic Enforcement Act of 1986.
Introduced - 02/16/95
Last Amend - 05/18/95
Status - Must be heard by Assembly policy committee by January 19, 1996.
AB 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 - Must be heard by Assembly policy committee by January 19, 1996.
Would 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. The bill would also make several changes with regard to pilotage, regulation and control of anchoring, mooring, towing and docking of all vessels by harbor districts.
Introduced - 02/23/95
Last Amend - 04/18/95
Status - Must be heard by Assembly policy committee by January 19, 1996.
AB 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 - Must be heard by Assembly policy committee by January 19, 1996.
AB 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. 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.
Introduced - 02/23/95
Last Amend - None
Status - Must be heard by Assembly policy committee by January 19, 1996.
SB 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 - Must be heard by Senate policy committee by January 19, 1996.
SB 635, the Property and Homeowner Protection Act, would enact numerous provisions expanding the right of a landowner to receive compensation from agencies whose regulations decrease their property value, limit the authority of a public agency to regulate land use and establishes complex procedural steps that public agencies must follow when formulating or implementing policies that have takings implications.
Introduced - 02/22/95
Last Amend - None
Status - Hearing 1/16/95 - Senate Judiciary Committee
SB 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 - Must be heard by Senate policy committee by January 19, 1996.
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Created and Maintained by Jeff Stump, Legislative Coordinator, California Coastal Commission
jstump@cwo.com