BILL NUMBER: SB 1215 CHAPTERED 09/30/04 CHAPTER 917 FILED WITH SECRETARY OF STATE SEPTEMBER 30, 2004 APPROVED BY GOVERNOR SEPTEMBER 29, 2004 PASSED THE SENATE AUGUST 27, 2004 PASSED THE ASSEMBLY AUGUST 26, 2004 AMENDED IN ASSEMBLY AUGUST 23, 2004 AMENDED IN SENATE MAY 6, 2004 AMENDED IN SENATE APRIL 29, 2004 INTRODUCED BY Senator Morrow (Coauthor: Senator Denham) (Coauthors: Assembly Members Bates, Dutton, Harman, Houston, Pacheco, and Wolk) FEBRUARY 11, 2004 An act to add Section 712.5 to the Fish and Game Code, relating to wildlife resources. LEGISLATIVE COUNSEL'S DIGEST SB 1215, Morrow. Department of Fish and Game and Department of Parks and Recreation: Public Resources Account and Environmental License Plate Fund appropriations. (1) Under existing law, the Tobacco Tax and Health Protection Act of 1988, as added by Proposition 99, establishes the Cigarette and Tobacco Products Surtax Fund and authorizes moneys in the fund to be appropriated for specified purposes. Existing law establishes 6 separate accounts in that fund, including, among others, the Public Resources Account. Existing law requires the Public Resources Account to be available for appropriation only in equal amounts for both programs to protect, restore, enhance, or maintain fish, waterfowl, and wildlife habitat on an equally funded basis and programs to enhance state and local park and recreation resources. This bill would, commencing July 1, 2005, transfer any moneys appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund for programs to protect, restore, enhance, or maintain waterfowl habitat, to the Department of Fish and Game for expenditure for those same purposes. (2) Existing law establishes the California Environmental License Plate Fund, and authorizes the balance of the moneys in the fund, after the payment of administrative costs, to be available upon appropriation for expenditure only for specified exclusive trust purposes. This bill would, commencing July 1, 2005, transfer any moneys appropriated to the Department of Fish and Game from the California Environmental License Plate Fund, in an amount not to exceed the amount transferred to the Department of Fish and Game pursuant to (1), to the Department of Parks and Recreation for expenditure for those exclusive trust purposes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares the following: (a) California is the winter home to more than 60 percent of the migratory waterfowl of the Pacific Flyway, yet 90 percent of the wetland habitat for these waterfowl is destroyed or adversely impacted. (b) The loss of wetland habitat in California has resulted in a decline in migratory waterfowl populations. (c) The significant loss of this unique habitat type has also resulted in dramatic declines in many other fish and wildlife species and has contributed to the listing of over one-half of California's threatened or endangered species. (d) In 1986, to address the decline of North American waterfowl populations, the federal governments of the United States, Mexico, and Canada agreed to implement the North American Waterfowl Management Plan. When the plan was established, it identified the seven most important waterfowl habitat regions throughout North America that were in greatest need of wetland restoration. California's Central Valley was one of these initial seven priority areas. To carry out the purposes of this plan and address the decline of waterfowl habitat in California's Central Valley, the state and federal resource agencies joined with private conservation groups and established the Central Valley Habitat Joint Venture. More recently, the San Francisco Bay Joint Venture and the Intermountain West Joint Venture were similarly established to address the significant habitat loss in other areas of the state. (e) The California Department of Fish and Game is a partner in each of these joint ventures and is the lead state resource agency in California's wetland and waterfowl conservation effort. The department has the staff expertise and programs in place to best deliver waterfowl conservation for the state. (f) The Tobacco Tax and Health Protection Act of 1988 was approved by the voters as Proposition 99. Among other things, that act created a Cigarette and Tobacco Products Surtax Fund in the State Treasury. The fund consists of six separate accounts, including the Public Resources Account, which makes funding available in equal amounts to both programs that protect, restore, enhance, or maintain fish, waterfowl, and wildlife habitat on an equally funded basis and programs that enhance state and local park and recreation resources. (g) Because the department has statutory powers relating to protecting, restoring, enhancing, and maintaining fish, waterfowl, and wildlife habitat, the department should be the sole agency to expend funds in the Public Resources Account for programs relating to those purposes. SEC. 2. Section 712.5 is added to the Fish and Game Code, to read: 712.5. (a) Commencing July 1, 2005, any moneys appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund for programs to protect, restore, enhance, or maintain waterfowl habitat pursuant to subparagraph (A) of paragraph (5) of subdivision (b) of Section 30122 of the Revenue and Taxation Code, shall be transferred to the department for expenditure for those same purposes. (b) Commencing July 1, 2005, any moneys appropriated to the department from the California Environmental License Plate Fund described in Section 21191 of the Public Resources Code, in an amount not to exceed the amount transferred to the department pursuant to subdivision (a), shall be transferred to the Department of Parks and Recreation for expenditure for the exclusive trust purposes described in Section 21190.