A citation procedure applicable to wetland discharge violations, sturgeon spearing license issuance period, electronic methods for reporting natural resource and environmental law violations, publication of class 1 notices, air dispersion modeling requirements, and membership on the Dry Cleaner Environmental Response Council. (FE)

Under current law, 12 is the minimum age for obtaining a sturgeon spearing license. Also under current law, issuance of a sturgeon spearing license is generally prohibited during a period beginning on November 1 and ending on the last day of the open season for the spearing of lake sturgeon. One exception to this prohibition is for a resident who has attained the age of 14 during that period. This bill lowers this age to 12, consistent with the minimum age for obtaining a license.

Current law requires DNR to make specified findings before it issues certain air pollution permits. Under current law DNR is not required to use air dispersion modeling as a basis for making those findings for a minor source unless specifically provided for under the federal Clean Air Act (CAA), rules promulgated by DNR, or a federal or state agreement. A minor source is a facility that emits air contaminants from a fixed location in an amount that is less than an amount specified by DNR by rule.

This bill prohibits DNR from requiring an applicant for certain air pollution permits, including some permits for major sources, to conduct air dispersion modeling unless required by the CAA. The bill also creates an exception to this prohibition under certain circumstances affecting American Indian tribes or bands (tribes). The exception applies if a tribe is treated as a state by the federal Environmental Protection Agency (EPA) or if a tribe's reservation has been designated by EPA as a class 1 area. Federal law gives class 1 areas special protection under the CAA. This bill provides that DNR may require an applicant to perform air dispersion modeling if that modeling is authorized under an agreement between the tribe and this state or federal government, authorized under a CAA implementation plan, or authorized under department rules.

Under current law, the Dry Cleaner Environmental Response Council (council) in DNR is composed of six members. Of those members, one member must represent dry cleaning operations with annual gross receipts of less than $200,000 and two members must represent dry cleaning operations with annual gross receipts of at least $200,000. This bill eliminates these gross receipts requirements for representation on the council and provides, instead, that three members of the council must represent dry cleaning operations, regardless of the amount of the operation's annual gross receipts.

Under current law, with certain exceptions, a person may not conduct an activity in or on a navigable water or wetland without a permit or other approval (permit) from DNR. Current law also requires DNR to give certain notices to the public and to various interested persons with regard to these permit applications.

In some circumstances, the notices must be provided in the form of publication by a single insertion of the notice in the official state newspaper (class 1 notice). In certain instances, current law also authorizes DNR to delegate to a permit applicant the requirement to publish a class 1 notice. Under this bill, if DNR delegates to a permit applicant the requirement to publish a class 1 notice, the applicant may, in lieu of publishing the notice, request that DNR publish the notice. The bill requires DNR to charge the applicant a fee in an amount that equals the average cost to DNR for publishing class 1 notices.