2801.

 The Legislature finds and declares all of the following:

(a) The continuing population growth in California will result in increasing demands for dwindling natural resources and will result in the continuing decline of the state’s wildlife.

(b) There is a need for broad-based planning to provide for effective protection and conservation of the state’s wildlife heritage while continuing to allow appropriate development and growth.

(c) Natural community conservation planning is an effective tool in protecting California’s natural diversity while reducing conflicts between protection of the state’s wildlife heritage and reasonable use of natural resources for economic development.

(d) Natural community conservation planning promotes coordination and cooperation among public agencies, landowners, and other private interests, provides a mechanism by which landowners and development proponents can effectively participate in the resource conservation planning process, provides a regional planning focus that can effectively address cumulative impact concerns, minimizes wildlife habitat fragmentation, promotes multispecies management and conservation, provides an option for identifying and ensuring appropriate mitigation for impacts of fish and wildlife, and promotes the conservation of broad-based natural communities and species diversity.

(e) Natural community conservation planning can provide for efficient use and protection of natural and economic resources while also promoting greater sensitivity to important elements of the state’s critical natural diversity.

(f) Natural community conservation planning is an effective planning process that can facilitate early coordination to protect the interests of the state, the federal government, local public agencies, landowners, and other private parties.

(g) Natural community conservation planning is a mechanism that can provide an early planning framework for proposed development projects within the planning area in order to avoid, minimize, and compensate for impacts on wildlife caused by development and growth.

(h) Natural community conservation planning is consistent with, and will support, the fish and wildlife management activities of the department in its role as the trustee for fish and wildlife within the state.

(i) The purpose of natural community conservation planning is to sustain and restore those species and habitat identified by the department that are necessary to maintain the continued viability of biological communities that are impacted by growth and development.

2811.

 (a) Any planning agreement entered into by the department and plan participants pursuant to Section 2810 shall establish a process for all of the following:

(1) The collection of data, information, and independent scientific input to assist the department and plan participants in meeting scientifically sound principles for the conservation and management of species proposed to be covered in the plan.

(2) The inclusion of independent scientific analysis in the preparation and development of a natural community conservation plan.

(3) The designation of independent scientists to propose conservation criteria or guidelines early in the planning process for consideration by the department and plan participants to assist in providing a general biological context and the scientific premises for conservation planning and for use and application in the subregional or subarea plan level.

(b) This section applies only to planning agreements entered into by the department pursuant to Section 2810 on or after the effective date of this section, and shall not apply to any approved plan or to any plan in the process of being prepared pursuant to subsection (d) of Section 1533 of Title 16 of the United States Code for the protection of the California Gnatcatcher, as described at page 65088 of Volume 58 of the Federal Register.

2815.

 (a) The department shall establish a process for public participation throughout plan development and review to ensure that interested persons have an adequate opportunity to provide input to lead agencies, state and federal wildlife agencies and others involved in preparing the plan. The public participation objectives of this section may be achieved through public working groups, advisory committees or public workshops. This process shall include:

(1) A requirement that draft documents associated with a natural community conservation plan that are being considered for adoption by the plan lead agency shall be available for public review and comment for at least 45 days prior to the adoption of that draft document. Preliminary plan review documents shall be made available by the responsible public agency at least 10 working days prior to any public hearing addressing these documents. The review period specified in this paragraph may run concurrent with the review period provided for any document required by the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) that is associated with the natural community conservation plan. This paragraph shall not be construed to limit the discretion of a city or county to revise any draft documents at a public hearing.

(2) A requirement to make available in a reasonable and timely manner all public review draft plans, memoranda of understanding, maps, conservation guidelines, species coverage lists and other planning documents associated with a natural community conservation plan.

(3) A requirement that all public hearings held during plan preparation or review for approval are complimentary to, or integrated with, those hearings otherwise provided by law.

(4) An outreach program to provide access to information for persons interested in the plan, with an emphasis on obtaining input from a balanced variety of affected public and private interests including state and local governments, landowners, conservation organizations and the general public.

(b) This section applies only to natural community conservation plans for which a planning agreement was entered into by the department pursuant to Section 2810 on or after the effective date of this section, and shall not apply to any approved plan or to any plan in the process of being prepared pursuant to subsection (d) of Section 1533 of Title 16 of the United States Code for the protection of the California Gnatcatcher, as described at page 65088 of Volume 58 of the Federal Register.

1091.5.

 (a) An officer or employee shall not be deemed to be interested in a contract if his or her interest is any of the following:

(1) The ownership of less than 3 percent of the shares of a corporation for profit, provided that the total annual income to him or her from dividends, including the value of stock dividends, from the corporation does not exceed 5 percent of his or her total annual income, and any other payments made to him or her by the corporation do not exceed 5 percent of his or her total annual income.

(2) That of an officer in being reimbursed for his or her actual and necessary expenses incurred in the performance of official duty.

(3) That of a recipient of public services generally provided by the public body or board of which he or she is a member, on the same terms and conditions as if he or she were not a member of the board.

(4) That of a landlord or tenant of the contracting party if the contracting party is the federal government or any federal department or agency, this state or an adjoining state, any department or agency of this state or an adjoining state, any county or city of this state or an adjoining state, or any public corporation or special, judicial, or other public district of this state or an adjoining state unless the subject matter of the contract is the property in which the officer or employee has the interest as landlord or tenant in which event his or her interest shall be deemed a remote interest within the meaning of, and subject to, the provisions of Section 1091.

(5) That of a tenant in a public housing authority created pursuant to Part 2 (commencing with Section 34200) of Division 24 of the Health and Safety Code in which he or she serves as a member of the board of commissioners of the authority or of a community development commission created pursuant to Part 1.7 (commencing with Section 34100) of Division 24 of the Health and Safety Code.

(6) That of a spouse of an officer or employee of a public agency in his or her spouse’s employment or officeholding if his or her spouse’s employment or officeholding has existed for at least one year prior to his or her election or appointment.

(7) That of a nonsalaried member of a nonprofit corporation, provided that this interest is disclosed to the body or board at the time of the first consideration of the contract, and provided further that this interest is noted in its official records.

(8) That of a noncompensated officer of a nonprofit, tax-exempt corporation, which, as one of its primary purposes, supports the functions of the body or board or to which the body or board has a legal obligation to give particular consideration, and provided further that this interest is noted in its official records.

For purposes of this paragraph, an officer is “noncompensated” even though he or she receives reimbursement from the nonprofit, tax-exempt corporation for necessary travel and other actual expenses incurred in performing duties of his or her office.

(9) That of a person receiving salary, per diem, or reimbursement for expenses from a government entity, unless the contract directly involves the department of the government entity that employs the officer or employee, provided that the interest is disclosed to the body or board at the time of consideration of the contract, and provided further that the interest is noted in its official record.

(10) That of an attorney of the contracting party or that of an owner, officer, employee, or agent of a firm which renders, or has rendered, service to the contracting party in the capacity of stockbroker, insurance agent, insurance broker, real estate agent, or real estate broker, if these individuals have not received and will not receive remuneration, consideration, or a commission as a result of the contract and if these individuals have an ownership interest of less than 10 percent in the law practice or firm, stock brokerage firm, insurance firm, or real estate firm.

(11) Except as provided in subdivision (b), that of an officer or employee of or a person having less than a 10-percent ownership interest in a bank, bank holding company, or savings and loan association with which a party to the contract has a relationship of borrower or depositor, debtor, or creditor.

(12)That of (A) a bona fide nonprofit, tax-exempt corporation having among its primary purposes the conservation, preservation, or restoration of park and natural lands or historical resources for public benefit, which corporation enters into an agreement with a public agency to provide services related to park and natural lands or historical resources and which services are found by the public agency, prior to entering into the agreement or as part of the agreement, to be necessary to the public interest to plan for, acquire, protect, conserve, improve, or restore park and natural lands or historical resources for public purposes and (B) any officer, director, or employee acting pursuant to the agreement on behalf of the nonprofit corporation. For purposes of this paragraph, “agreement” includes contracts and grants, and “park,” “natural lands,” and “historical resources” shall have the meanings set forth in subdivisions (d), (g), and (i) of Section 5902 of the Public Resources Code. Services to be provided to the public agency may include those studies and related services, acquisitions of property and property interests, and any activities related to those studies and acquisitions necessary for the conservation, preservation, improvement, or restoration of park and natural lands or historical resources.

(b) An officer or employee shall not be deemed to be interested in a contract made pursuant to competitive bidding under a procedure established by law if his or her sole interest is that of an officer, director, or employee of a bank or savings and loan association with which a party to the contract has the relationship of borrower or depositor, debtor or creditor.

11361.

 This chapter does not apply to the adoption or revision of regulations, guidelines, or criteria to implement the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code). The adoption or revision of regulations, guidelines, or criteria, if necessary to implement that act, shall instead be accomplished by means of a public process reasonably calculated to give those persons interested in their adoption or revision an opportunity to be heard.

12805.1.

 The Secretary of the Resources Agency shall facilitate coordination between the Department of Fish and Game and the California Coastal Commission in a manner consistent with, and in furtherance of, the goals and policies of Division 20 (commencing with Section 30000) of the Public Resources Code (the California Coastal Act of 1976) and of Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code (the Natural Community Conservation Planning Act).

2773.2.

 (a) The Secretary of the Resources Agency shall convene a multiagency task force that shall evaluate the effectiveness of the Cache Creek Resource Management Plan in achieving the plan’s objectives concerning the rehabilitation and restoration of Cache Creek and identify those aspects of the plan that should be modified or eliminated to more effectively achieve the goals of this chapter.

(b) The task force shall consist of nine members as follows:

(1) A representative of the department.

(2) A representative of the Department of Fish and Game.

(3) A representative of the State Water Resources Control Board.

(4) Six members appointed by the Secretary of the Resources Agency. Of these six members, two shall be elected officials of a city or county with active mining operations within its jurisdiction, one of whom shall represent northern California interests, and one of whom shall represent southern California interests; one shall be a person currently engaged in in-stream mining activities as an employee or owner of a mining operation; one shall be a member of the State Mining and Geology Board; and two shall be members of the scientific community who are affiliated with a California institution of higher education. The representative of the department shall serve as the chairperson of the task force.

(c) The task force, not later than July 1, 2001, shall recommend to the Secretary of the Resources Agency any revisions to this chapter or any other provisions of law, including regulations of the State Mining and Geology Board, that are necessary to incorporate regional resource management plans in the state’s regulation of instream mine reclamation. The task force recommendations shall, at a minimum, address all of the following issues:

(1) Flood control.

(2) Stream bank and channel erosion control.

(3) Slope stability.

(4) Vegetation and revegetation.

(5) The interrelationships of private and public land ownership along and within streambed areas, including ownership rights that are or may be “vested” as the term is used in Section 2776.

(6) The provision of adequate financial assurances for reclaiming mined areas.

(7) The monitoring of compliance with qualitative and quantitative measures to regulate mine reclamation on large segments of streams and rivers.

(8) Cumulative and site-specific issues related to resource management for instream mine reclamation.

(d) The department shall only convene the multiagency task force required pursuant to subdivision (a) if the costs associated with the operation of the task force will not diminish the department’s ability to provide reclamation plan review, financial assurance review, and field inspections, undertake other enforcement actions and provide local assistance to cities or counties under this chapter.