BILL NUMBER: AB 2517	CHAPTERED  09/09/04

	CHAPTER  427
	FILED WITH SECRETARY OF STATE  SEPTEMBER 9, 2004
	APPROVED BY GOVERNOR  SEPTEMBER 9, 2004
	PASSED THE ASSEMBLY  AUGUST 17, 2004
	PASSED THE SENATE  AUGUST 11, 2004
	AMENDED IN SENATE  AUGUST 10, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Berg
   (Coauthor:  Senator Chesbro)

                        FEBRUARY 20, 2004

   An act to add Section 13014 to the Fish and Game Code, relating to
fish and game, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2517, Berg.  Special Deposit Fund:  fish and game mitigation
and protection accounts.
   Existing law establishes the Department of Fish and Game within
the Resources Agency, and generally charges the department with the
administration and enforcement of the Fish and Game Code.  Existing
law authorizes the department to enter into various agreements to
provide for the mitigation of adverse biological impacts on, and the
protection of, fish, wildlife, and plants, and their respective
habitats.
   Existing law establishes the Special Deposit Fund, which consists
of moneys that are paid into it in trust pursuant to law, and is
appropriated to fulfill the purposes for which payments into it are
made.
   This bill would establish the Fish and Game Mitigation and
Protection Endowment Principal Account and the Fish and Game
Mitigation and Protection Expendable Funds Account in the Special
Deposit Fund.
   The bill would require the department to deposit the endowment
funds received pursuant to various mitigation and protection
agreements, and interest that accrues on that principal, in the Fish
and Game Mitigation and Protection Endowment Principal Account, if
the moneys are designated for specified purposes.  The bill would
require the department to utilize the interest generated on the
endowment funds, upon appropriation of those moneys by the
Legislature, to fund long-term management, enhancement, monitoring,
and enforcement activities on habitat lands in a manner consistent
with the terms of the underlying agreement supplying the moneys.
   The bill would require the department to deposit in the Fish and
Game Mitigation and Protection Expendable Funds Account moneys
received pursuant to those agreements that are not endowment funds
and that are designated for expenditure for the purposes of
mitigating the adverse biological impacts of a specific project,
activity, spill, or release, or protecting, conserving, restoring,
enhancing, managing, and maintaining fish, wildlife, native plants,
or their habitats in a manner consistent with the terms of the
underlying agreement supplying the moneys.  The bill would make the
moneys in the expendable funds account continuously appropriated to
the department for expenditure without regard to fiscal year for
those purposes.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 13014 is added to the Fish and Game Code, to
read:
   13014.  (a) There are hereby established in the Special Deposit
Fund, continued in existence by Section 16370 of the Government Code,
both of the following accounts:
   (1) The Fish and Game Mitigation and Protection Endowment
Principal Account.  The department shall deposit in this account the
endowment funds received by the department pursuant to an agreement
described in subdivision (b) and all interest generated thereon.  The
interest moneys shall be available to the department, upon
appropriation by the Legislature, to fund long-term management,
enhancement, monitoring, and enforcement activities on habitat lands
in a manner consistent with the terms of the underlying agreement.
   (2) The Fish and Game Mitigation and Protection Expendable Funds
Account.  The department shall deposit in this account moneys
received pursuant to an agreement described in subdivision (b) that
are not endowment funds and that are designated for expenditure for
the purposes described in paragraph (2) of that subdivision.
Notwithstanding Section 13340 of the Government Code, the moneys in
the account established by this paragraph are hereby continuously
appropriated to the department for expenditure without regard to
fiscal year, for the purposes described in this section.
   (b) (1) The department may deposit moneys into the accounts
established pursuant to subdivision (a) that it receives pursuant to
any of the following, if those moneys are received for the purposes
described in paragraph (2):
   (A) Agreements or permits pursuant to the Natural Communities
Conservation Planning Act (Chapter 10 (commencing with Section 2800)
of Division 3).
   (B) Conservation bank agreements.
   (C) Habitat conservation implementation agreements.
   (D) Incidental take permits.
   (E) Legal or other written settlements.
   (F) Mitigation agreements.
   (G) Streambed or lakebed alteration agreements.
   (H) Trust agreements.
   (2) The department may deposit the moneys received pursuant to an
agreement described in paragraph (1) in an account established by
this section only if it receives those moneys for at least one of the
following purposes:
   (A) Mitigating the adverse biological impacts of a specific
project, activity, spill, or release.
   (B) Protecting, conserving, restoring, enhancing, managing, and
maintaining fish, wildlife, native plants, or their habitats.