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SB-1396 Wildlife Conservation Board: Inner Coast Range Program.(2015-2016)

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SB1396:v97#DOCUMENT

Amended  IN  Senate  May 31, 2016
Amended  IN  Senate  May 11, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Senate Bill
No. 1396

Introduced by Senator Wolk
(Principal coauthor: Assembly Member Dodd)
(Coauthor: Senator McGuire)
(Coauthor: Assembly Member Levine)

February 19, 2016

An act to add Chapter 4.5 (commencing with Section 1440) to Division 2 of, and to repeal Article 7 (commencing with Section 1463) 1462) of Chapter 4.5 of Division 2 of, the Fish and Game Code, relating to the Inner Coast Range.


LEGISLATIVE COUNSEL'S DIGEST


SB 1396, as amended, Wolk. Wildlife Conservation Board: Inner Coast Range Program.
Existing law, the Wildlife Conservation Law of 1947, establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the president of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law prescribes the board’s duties with regard to, among other things, real property acquisitions for property used for wildlife preservation and conservation purposes.
This bill would establish the Inner Coast Range Program with specified goal areas and authorization related to the Inner Coast Range Region, as defined. This bill would require the board to establish an advisory board for the program consisting of representatives one representative of each of the counties within the region and would authorize the board to invite certain legislators and representatives of state and federal agencies to participate as members on the advisory board. The bill would create the Inner Coast Range Program Fund in the State Treasury and would provide that moneys in the fund would be available, upon appropriation, for the purposes of the program.
The bill would require the board to make an annual a biannual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, land, management costs, and administrative costs for the purposes of the program. The bill, by January 1, 2027, would require the board, in consultation with the advisory board, to review the program and issue a report to the relevant policy committees of the Legislature about the possible creation of a state conservancy for the Inner Coast Range Region.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares all of the following:
(a) The Inner Coast Range Region is a globally significant area, including world-renowned geological, biological, and cultural resources, a national monument, and many large, pristine areas that are open for public use.
(b) The Inner Coast Range Region is an important part of the state’s economy, providing substantial agricultural products, timber, water, fishery and other biological resources, ranching, tourism, and recreation.
(c) In cooperation with local governments, private businesses, nonprofit organizations, and the public, a collaborative conservation program focused on the 10 million acre Inner Coast Range Region, which is more than 15,000 square miles, can help do all of the following:
(1) Provide increased opportunities for tourism and recreation.
(2) Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources.
(3) Aid in the preservation of working landscapes.
(4) Reduce the risk and severity of natural disturbances, such as wildfires, and restore resiliency to natural landscapes.
(5) Protect and improve water supply and water and air quality and improve water use efficiency.
(6) Assist the regional economy through the operation of a collaborative regional conservation program.
(7) Identify the highest priority projects and initiatives for which funding is needed.
(8) Undertake efforts to enhance public use and enjoyment of lands owned by the public.
(9) Support efforts that advance, in a complementary manner, environmental preservation and restoration as well as the economic well-being of the region’s residents.

SECTION 1.SEC. 2.

 Chapter 4.5 (commencing with Section 1440) is added to Division 2 of the Fish and Game Code, to read:
CHAPTER  4.5. Inner Coast Range Program
Article  1. General Provisions and Definitions
1440.

The Legislature finds and declares all of the following:

(a)The Inner Coast Range Region is a globally significant area, including world-renowned geological, biological, and cultural resources, a national monument, and many large, pristine areas that are open for public use.

(b)The Inner Coast Range Region is an important part of the state’s economy, providing substantial agricultural products, timber, water, fishery and other biological resources, ranching, tourism, and recreation.

(c)In cooperation with local governments, private businesses, nonprofit organizations, and the public, a collaborative conservation program focused on the 10 million acre Inner Coast Range Region, which is more than 15,000 square miles, can help do all of the following:

(1)Provide increased opportunities for tourism and recreation.

(2)Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources.

(3)Aid in the preservation of working landscapes.

(4)Reduce the risk and severity of natural disturbances, such as wildfires, and restore resiliency to natural landscapes.

(5)Protect and improve water supply and water and air quality and improve water use efficiency.

(6)Assist the regional economy through the operation of a collaborative regional conservation program.

(7)Identify the highest priority projects and initiatives for which funding is needed.

(8)Undertake efforts to enhance public use and enjoyment of lands owned by the public.

(9)Support efforts that advance, in a complementary manner, environmental preservation and restoration as well as the economic well-being of the region’s residents.

1440.5.1440.
 For the purposes of this chapter, the following terms have the following meanings:
(a) “Advisory board” means the advisory board established in Section 1442.
(b) “Board” means the Wildlife Conservation Board.
(c) “Fund” means the Inner Coast Range Program Fund created pursuant to Section 1462. 1461.
(d) “Local public agency” means a city, county, district, or joint powers authority.
(e) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code and whose charitable purposes are consistent with the purposes of the board.
(f) “Region” or “Inner Coast Range Region” means all or portions of the area lying within the Counties of Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity, and Yolo, described as the area within the following boundaries:
(1) On the south by the southern boundary of the Putah Creek watershed, including a portion of the Inner Coast Range in eastern Napa County and northern Solano County north of Vacaville and Fairfield.
(2) On the east by Interstates 505 and 5, northward to a point on the Sacramento River channel adjacent to the intersection of Highway 299 and Interstate 5 in the City of Redding, northward along the centerline of the Sacramento River to its headwaters near Black Butte, northeastward along the southern boundary of the watershed of the Klamath River to the northern boundary of the State of California.
(3) On the north by the northern border of the State of California.
(4) On the west by the eastern boundary of the Napa River watershed, the eastern boundary of the Russian River watershed, northward along the western boundary of the watershed of the main stem of the Eel River, northwestward along the western boundary of the watershed of the South Fork of the Eel River to the southern Humboldt County boundary, eastward to the western Trinity County boundary, northward to the western boundary of the Trinity River watershed, northward along the western boundary of the Trinity River watershed to the confluence of the Trinity River and the Klamath River, northward from the confluence along the upstream western boundary of the Klamath River watershed to the northern boundary of the State of California.
(g) “Tribal organization” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time, as well as California-recognized Indian tribes.

Article  2. Inner Coast Range Program

1441.
 The Inner Coast Range Program is hereby created with the following goal areas for the region, and the board is authorized to do all of the following, working in collaboration and cooperation with local governments and interested parties, for the purposes of the program:
(a) Provide increased opportunities for tourism and recreation.
(b) Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources.
(c) Aid in the preservation of working landscapes.
(d) Reduce the risk and severity of natural disturbances, such as wildfires, and restore resiliency to natural landscapes.
(e) Protect and improve water supply and water and air quality and improve water use efficiency.
(f) Assist the regional economy.
(g) Identify the highest priority projects and initiatives for which funding is needed.
(h) Undertake efforts to enhance public use and enjoyment of lands owned by the public.
(i) Support efforts that advance, in a complementary manner, environmental preservation and restoration as well as the economic well-being of the region’s residents.

1442.
 (a) (1) The board shall establish an advisory board for the program consisting of representatives of counties with lands within the Inner Coast Range Region.
(2) An equal number of advisory board members from each county shall be Each county shall have one representative on the advisory board. The board shall establish any additional qualifications for advisory board members that the board deems necessary and appropriate.
(b) Notwithstanding paragraph (2) of subdivision (a), the board may invite legislators representing the region and representatives of state and federal agencies agencies, such as the United States Forest Service and the United States Bureau of Land Management Management, to participate as members of the advisory board.

1443.
 The board may establish committees, hold community meetings, and engage in public outreach using advanced forms of technology in order to facilitate the decisionmaking process for the purposes of this chapter. Members of committees may be reimbursed for the actual and necessary expenses, including travel expenses, that they incur in attending regular meetings of the committee of which they are a member.

1444.
 The board may establish and maintain a headquarters office within the region.

Article  3. Jurisdiction and Cooperation

1445.
 The board may undertake activities identified in this chapter within the Inner Coast Range Region for the purpose of the Inner Coast Range Program. The board shall carry out projects and activities to further the purposes of this chapter throughout the region. The board shall make every effort to ensure that, over time, Inner Coast Range Program funding and other efforts are spread equitably across the region and among the stated goal areas, with adequate allowance for the variability of costs associated with the region and types of projects.

1446.
 In carrying out this chapter, the board shall cooperate with and consult with the city or county where a grant is proposed to be expended or an interest in real property is proposed to be acquired and shall, as necessary or appropriate, coordinate its efforts with other state agencies, in cooperation with the Secretary of the Natural Resources Agency.

1447.
 The board, in consultation with the advisory board, shall adopt guidelines setting priorities and criteria for projects and programs in the region, based upon its assessment of program requirements, institutional capabilities, and funding needs throughout the region, and federal, state, and local plans, including land and resources management plans, general plans, recreation plans, urban water management plans, groundwater management plans, and groundwater sustainability plans. As part of the process of developing guidelines for projects and programs in the region, the board shall undertake and facilitate a strategic program planning process involving meetings and workshops, with the purpose of formulating strategic program objectives and priorities. The strategic program shall be updated regularly, at least once every five years.

1448.
 Nothing in this chapter grants to the board:
(a) Any of the powers of a city or county to regulate land use.
(b) Any powers to regulate any activities on land, except as the owner of an interest in the land, or pursuant to an agreement with, or a license or grant of management authority from, the owner of an interest in the land.
(c) Any powers over water rights held by others.

Article  4. Grants and Loans

1449.
 (a) The board may make grants or loans to public agencies, nonprofit organizations, and tribal organizations in order to carry out the purposes of this chapter, including grants or loans provided to acquire an interest in real property, including a fee interest in that property. Grant or loan funds shall be disbursed to a recipient entity only after the entity has entered into an agreement with the board, on the terms and conditions specified by the board. After approving a grant, the board may assist the grantee in carrying out the purposes of the grant.
(b) When awarding grants or making loans pursuant to this chapter, the board may require repayment of those funds on the terms and conditions it deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the board shall be deposited in the fund.
(c) An entity applying for a grant from the board to acquire an interest in real property shall specify all of the following in the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing management will be funded.

1450.
 In the case of a grant of funds to a nonprofit organization or tribal organization to acquire an interest in real property, including, but not limited to, a fee interest, for the purposes of this chapter, the agreement between the board and the recipient organization shall require all of the following:
(a) The purchase price of an interest in real property acquired by the organization shall not exceed fair market value as established by an appraisal approved by the board. pursuant to the statutes and regulations that apply to the board.
(b) The terms under which the interest in real property is acquired shall be subject to the board’s approval.
(c) An interest in real property to be acquired under the grant shall not be used as security for a debt unless the board approves the transaction.
(d) The transfer of an interest in the real property shall be subject to approval of the board, and a new agreement sufficient to protect the public interest shall be entered into between the board and the transferee.

(e)A deed or instrument by which the organization acquires an interest in real property under the grant shall include a power of termination on the part of the state, subject to the requirements of Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil Code. The deed or instrument shall provide that the state may exercise the power of termination by notice in the event of the organization’s violation of the purpose of the grant through breach of a material term or condition thereof and that, upon recordation of the notice, full title to the interest in real property identified in the notice shall immediately vest in the state or in another public agency or a nonprofit organization designated by the board to which the state conveys or has conveyed its interest.

(f)A deed or instrument by which the organization acquires an interest in real property under the grant shall provide that the conveyance is subject to a remainder interest vested in the state. If the existence of the organization is terminated for any reason, the board may require that the remainder shall become a present interest and that full title to the real property shall vest in the state or in another public agency or a nonprofit organization designated by the board to which the state conveys or has conveyed its interest.

1451.
 (a) The board may expend funds and award grants and loans to facilitate collaborative planning efforts and to develop projects and programs that are designed to further the purposes of this chapter.
(b) The board may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation.
(c) The recipient of a grant or loan provided by the board pursuant to this chapter for the acquisition of real property shall provide for the management of the real property to be acquired as specified in the grant agreement.

1452.
 The board may apply for and receive grants to carry out the purposes of this chapter.

Article  5. Interests in Real Property

1453.
 (a) The In accordance with Chapter 4 (commencing with Section 1300), the board may acquire from willing sellers or transferors an interest in any real property, in order to carry out the purposes of this chapter. However, the board shall not acquire a fee interest in real property by purchase.
(b) The acquisition of an interest in real property under this section is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), unless the value of the interest exceeds two hundred fifty thousand dollars ($250,000) per lot or parcel, as adjusted for annual changes to the Consumer Price Index for the State of California, as calculated by the Department of Finance. However, the board may request the State Public Works Board to review and approve specific acquisitions.
(c) The board shall not exercise the power of eminent domain.

1454.

Notwithstanding Section 11005.2 of the Government Code or any other law, the board may lease, rent, sell, exchange, or otherwise transfer an interest, option, or contractual right in real property, as well as a vested right severable therefrom, that has been acquired under this chapter, to a person or entity, subject to terms and conditions in furtherance of the board’s purposes.

1455.1454.
 (a) For the purposes of this chapter, the board shall take whatever actions are reasonably necessary and incidental to the management of lands or interests in lands under its ownership or control and may initiate, negotiate, and participate in agreements for the management of those lands or interests with public agencies or private individuals or entities.
(b) The board may improve, restore, or enhance lands for the purpose of protecting the natural environment, improving public enjoyment of or public access to public lands, or to otherwise meet the objectives of this chapter and may carry out the planning and design of those improvements or other measures.
(c) The board may enter into an agreement with a public agency, nonprofit organization, or private entity for the construction, management, or maintenance of facilities authorized by the board to meet the objectives of this chapter.

Article  6. Funding and Expenditures

1456.1455.
 The board shall make an annual a biannual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, land management costs, and administrative costs incurred pursuant to this chapter. The board shall submit the report to the Legislature in compliance with Section 9795 of the Government Code.

1457.1456.
 The board may expend funds under this chapter to conduct research and monitoring in connection with the development and implementation of the program.

1458.1457.
 (a) For the purposes of this chapter, the board may receive gifts, donations, bequests, devises, subventions, grants, rents, royalties, and other assistance and funds from public and private sources.
(b) Except as provided in Section 1453, the board may receive an interest in real or personal property for the purposes of this chapter through transfer, succession, or other mode of acquisition generally recognized by law.
(c) All moneys or income received by the board for the purposes of this chapter pursuant to this article shall be deposited in the fund for expenditure pursuant to this chapter.

1459.1458.
 The board shall not make any expenditures that would either directly support or deter the planning or implementation of the Sites Reservoir project.

1460.1459.
 The board may fix and collect a fee for a direct service it renders for the purposes of this chapter, provided the service is rendered at the request of the individual or entity receiving the service. The amount of a fee shall not exceed the board’s reasonable costs and expenses of providing the service rendered. All fees received by the board pursuant to this section shall be deposited in the fund for expenditure for the purposes of this chapter.

1461.1460.
 Proceeds from a lease, rental, sale, exchange, or transfer of an interest or option in real property for the purposes of the Inner Coast Range Program, and all other income of the board for the purposes of the Inner Coast Range Program, shall be deposited in the fund for expenditure for the purposes of this chapter.

1462.1461.
 The Inner Coast Range Conservancy Program Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this chapter.

Article  7. Legislative Review

1463.1462.
 (a) By January 1, 2027, the board, in consultation with the advisory board, shall review the Inner Coast Range Program and issue a report to the relevant policy committees of the Legislature about the possible creation of a state conservancy for the Inner Coast Range Region.
(b) Pursuant to Section 10231.5 of the Government Code, this article is repealed on January 1, 2031.