BILL NUMBER: SB 1535 CHAPTERED
BILL TEXT
CHAPTER 667
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2006
APPROVED BY GOVERNOR SEPTEMBER 29, 2006
PASSED THE SENATE AUGUST 29, 2006
PASSED THE ASSEMBLY AUGUST 23, 2006
AMENDED IN ASSEMBLY AUGUST 7, 2006
AMENDED IN ASSEMBLY JUNE 21, 2006
AMENDED IN ASSEMBLY JUNE 8, 2006
AMENDED IN SENATE MAY 26, 2006
AMENDED IN SENATE APRIL 3, 2006
INTRODUCED BY Senator Kuehl
FEBRUARY 23, 2006
An act to amend Sections 104, 710, 710.5, 710.7, 711, 711.2, and
711.4 of, to add Section 106 to, to repeal Sections 208 and 209 of,
and to repeal and add Sections 206 and 207 of, the Fish and Game
Code, relating to fish and game.
LEGISLATIVE COUNSEL'S DIGEST
SB 1535, Kuehl Fish and game.
(1) The California Constitution creates the Fish and Game
Commission. Existing law establishes the commission in the Resources
Agency to perform specified functions. Existing law permits the
commission to employ a secretary, and to hold specified meetings
relating to commission regulations as to fish, amphibians, reptiles,
mammals, and resident game birds.
This bill would permit the commission to employ a staff, including
an executive director, to assist the commission in conducting its
operations. The bill would require the commission to adopt and
approve a conflict of interest code, and would prohibit a former
commissioner from acting as an agent or attorney for any person for a
period of 12 months after leaving office, as provided. The bill
would delete the requirement that the commission hold specified
meetings relating to commission regulations as to fish, amphibians,
reptiles, mammals, and resident game birds, and instead would require
the commission to hold no fewer than 10 regular meetings per
calendar year. The bill would permit the commission to hold special
meetings or hearings to receive additional input from the department
and the public. The bill would require the commission to consider and
adopt specified regulations relating to birds, mammals, fish,
amphibia, and reptiles at a series of no fewer than 3 meetings, as
provided.
(2) Existing law establishes the Department of Fish and Game in
the Resources Agency, administered through the Director of Fish and
Game. Existing law requires the department to impose and collect a
filing fee to defray the costs of managing and protecting fish and
wildlife trust resources, and specifies the amount to be levied.
Existing law exempts from filing fees projects that fulfill specified
conditions. Existing law also makes various findings and
declarations relating to lack of department funding, user fees, and
funding instability.
This bill would increase the amounts of filing fees collected by
the department, and require the department to adjust the fees
annually according to a specified index. The bill would require that
a project have no effect on fish and wildlife to be eligible for the
fee exemption and would additionally exempt otherwise eligible
projects, the costs of which are payable from the California Ocean
Resource Enhancement Account. The bill would require the director and
the Secretary of the Resources Agency to submit a report relating to
all accounts and subaccounts within the Fish and Game Preservation
Fund, and require the department to update its cost allocation plan
to reflect the cost of program activities. The bill would require the
county clerk of each county and the Office of Planning and Research
to maintain an electronic and paper record of all environmental
documents received, as provided. The bill would also modify various
findings and declarations relating to lack of department funding,
user fees, and funding instability.
(3) Existing law generally provides that a violation of
regulations and laws relating to fish and game is a crime.
Because this bill would create a new crime by prohibiting former
commissioners from performing specified functions, the bill would
create a state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 104 of the Fish and Game Code is amended to
read:
104. The commission may employ a staff, including an executive
director, to assist the commission in conducting its operations, but
neither the commission nor its staff shall have or be given any
powers in relation to the administration of the department.
SEC. 2. Section 106 is added to the Fish and Game Code, to read:
106. (a) The commission shall adopt and approve a Conflict of
Interest Code pursuant to Article 3 (commencing with Section 87300)
of Chapter 7 of Title 9 of the Government Code.
(b) For a period of 12 months after leaving office, a former
commissioner shall be prohibited from acting as an agent or attorney
for, or otherwise representing, any person before the commission by
making any formal or informal appearance before, or any oral or
written communication to, the commission.
SEC. 3. Section 206 of the Fish and Game Code is repealed.
SEC. 4. Section 206 is added to the Fish and Game Code, to read:
206. (a) The commission shall hold no fewer than ten regular
meetings per calendar year. The commission may also hold special
meetings or hearings to receive additional input from the department
and the public.
(b) The commission shall announce the dates and locations of
meetings for the year by January 1st of that year, or 60 days prior
to the first meeting, whichever comes first. Meeting locations shall
be accessible to the public and located throughout the state, with no
more than two regular meetings to be held in Sacramento per year. To
the extent feasible, meetings shall be held in state facilities. In
setting the dates and locations for regular meetings, the commission
shall also consider the following factors:
(1) Recommendations of the department.
(2) Opening and closing dates of fishing and hunting seasons.
(3) The schedules of other state and federal regulatory agencies
whose regulations affect the management of fish and wildlife of this
state.
(c) The commission shall cause the notice of the schedule for
regular meetings, and notice of any change in the date and location
of a meeting, to be disseminated to the public in a manner that will
result in broad dissemination, including, but not limited to,
electronic distribution, mailings to interested parties, and
publication in local newspapers of affected communities.
SEC. 5. Section 207 of the Fish and Game Code is repealed.
SEC. 6. Section 207 is added to the Fish and Game Code, to read:
207. (a) Except for emergency regulations, the commission shall
consider and adopt regulations pursuant to Sections 203 and 205 at a
series of no fewer than three meetings. These meetings may be regular
or special meetings that are duly noticed to the public in
accordance with subdivision (c) of Section 206 and the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code).
(b) At the first meeting, the commission shall receive
recommendations for regulations from its own members and staff, the
department, other public agencies, and the public.
(c) At the second meeting, the commission shall devote time for
open public discussion of proposed regulations presented at the first
meeting. The department shall participate in this discussion by
reviewing and presenting its findings regarding each regulation
proposed by the public and by responding to objections raised
pertaining to its proposed regulations. After considering the public
discussion, the commission shall announce, prior to adjournment of
the meeting, the regulations it intends to add, amend, or repeal.
(d) At the third meeting, the commission may choose to hear
additional public discussion regarding the regulations it intends to
adopt. At the meeting or within 20 days after the meeting, the
commission shall add, amend, or repeal regulations relating to any
recommendation received at the initial meeting it deems necessary to
preserve, properly utilize, and maintain each species or subspecies.
(e) Within 45 days after adoption, the department shall publish
and distribute regulations adopted pursuant to this section.
SEC. 7. Section 208 of the Fish and Game Code is repealed.
SEC. 8. Section 209 of the Fish and Game Code is repealed.
SEC. 9. Section 710 of the Fish and Game Code is amended to read:
710. The Legislature finds and declares that the department has
in the past not been adequately funded to meet its mandates. The
principal causes have been the fixed nature of the department's
revenues in contrast with the rising costs resulting from inflation,
the increased burden on the department to carry out its public trust
responsibilities, and additional responsibilities placed on the
department by the Legislature. This lack of funding has prevented
proper planning and manpower allocation. The lack of funding has
required the department to restrict warden enforcement and to defer
essential management of lands acquired for wildlife conservation. The
lack of funding for fish and wildlife conservation activities other
than sport and commercial fishing and hunting activities has resulted
in inadequate wildlife and habitat conservation and wildlife
protection programs.
SEC. 10. Section 710.5 of the Fish and Game Code is amended to
read:
710.5. (a) The Legislature finds and declares that the department
continues to be inadequately funded to meet its mandates. While
revenues have been declining, the department's responsibilities have
increased in order to protect public trust resources in the face of
increasing population and resource management demands. The department'
s revenues have been limited due to a failure to maximize user fees
and inadequate non-fee-related funding. The limited department
revenues have resulted in the inability of the department to
effectively provide all of the programs and activities required under
this code and to manage the wildlife resources held in trust by the
department for the people of the state.
(b) The Legislature further finds and declares that the department
has been largely supported by fees paid by those who utilize the
resources held in trust by the department. It is the intent of the
Legislature that, to the extent feasible, the department should
continue to be funded by user fees. All fees collected by the
department, including, but not limited to, recreational hunting and
fishing licenses, landing taxes, commercial licenses, permits and
entitlements, and other fees for use of the resources regulated or
managed by the department, are user fees. To the extent that these
fees are appropriated through the Budget Act for the purposes for
which they are collected to provide services to the people of the
State of California, these user fees are not subject to Article XIII
B of the California Constitution.
(c) The Legislature further finds and declares that user fees are
not sufficient to fund all of the department's mandates. To fulfill
its mandates, the department must secure a significant increase in
reliable funding, in addition to user fees.
SEC. 11. Section 710.7 of the Fish and Game Code is amended to
read:
710.7. (a) The Legislature finds and declares all of the
following:
(1) The department continues to face serious funding instability
due to revenue declines from traditional user fees and taxes and the
addition of new and expanded program responsibilities.
(2) Historically, the recreational and commercial fishing industry
has funded much of the department's marine fisheries activities.
(3) As the state's population grows and development changes
historic land uses, fish and wildlife continue to be depleted,
necessitating a significant portion of the department's activities to
be directed toward protecting fish and wildlife for the benefit of
the people of the state.
(b) It is the intent of the Legislature to extend the current
user-based funding system by allocating a portion of the marine
resource protection costs to those who use and benefit from
recreational and commercial use of the marine resources.
(c) It is the Legislature's intent that, notwithstanding Section
711, the department shall cooperate with the Legislature,
recreational users, conservation organizations, the commercial
fishing industry, and other interested parties to identify and
propose new alternative sources of revenue to fund the department's
necessary marine conservation, restoration, and resources management,
and protection responsibilities.
(d) It is further the intent of the Legislature to identify new
funding sources and to secure those sources to adequately fund the
department's activities directed at protecting and managing wildlife
for the people of the state.
SEC. 12. Section 711 of the Fish and Game Code is amended to read:
711. (a) It is the intent of the Legislature to ensure adequate
funding from appropriate sources for the department. To this end, the
Legislature finds and declares that:
(1) The costs of nongame fish and wildlife programs shall be
provided annually in the Budget Act by appropriating money from the
General Fund, through nongame user fees, and sources other than the
Fish and Game Preservation Fund to the department for these purposes.
(2) The costs of commercial fishing programs shall be provided out
of revenues from commercial fishing taxes, license fees, and other
revenues, from reimbursements and federal funds received for
commercial fishing programs, and other funds appropriated by the
Legislature for this purpose.
(3) The costs of hunting and sportfishing programs shall be
provided out of hunting and sportfishing revenues and reimbursements
and federal funds received for hunting and sportfishing programs, and
other funds appropriated by the Legislature for this purpose. These
revenues, reimbursements, and federal funds shall not be used to
support commercial fishing programs, free hunting and fishing license
programs, or nongame fish and wildlife programs.
(4) The costs of managing lands managed by the department and the
costs of wildlife management programs shall be supplemented out of
revenues in the Native Species Conservation and Enhancement Account
in the Fish and Game Preservation Fund.
(5) Hunting, sportfishing, and sport ocean fishing license fees
shall be adjusted annually to an amount equal to that computed
pursuant to Section 713. However, a substantial increase in the
aggregate of hunting and sportfishing programs shall be reflected by
appropriate amendments to the sections of this code that establish
the base sport license fee levels. The inflationary index provided in
Section 713 may not be used to accommodate a substantial increase in
the aggregate of hunting and sportfishing programs.
(b) The director and the Secretary of the Resources Agency shall,
with the department's annual budget submittal to the Legislature,
submit a report on the fund condition, including the expenditures and
revenue, for all accounts and subaccounts within the Fish and Game
Preservation Fund. The department shall also update its cost
allocation plan to reflect the costs of program activities.
(c) For purposes of this article, "substantial increase" means an
increase in excess of 5 percent of the Fish and Game Preservation
Fund portion of the department's current year support budget,
excluding cost-of-living increases provided for salaries, staff
benefits, and operating expenses.
SEC. 13. Section 711.2 of the Fish and Game Code is amended to
read:
711.2. (a) For purposes of this code, unless the context
otherwise requires, "wildlife" means and includes all wild animals,
birds, plants, fish, amphibians, and related ecological communities,
including the habitat upon which the wildlife depends for its
continued viability and "project" has the same meaning as defined in
Section 21065 of the Public Resources Code.
(b) For purposes of this article, "person" includes any
individual, firm, association, organization, partnership, business,
trust, corporation, limited liability company, company, district,
county, city and county, city, town, the state, and any of the
agencies of those entities.
SEC. 14. Section 711.4 of the Fish and Game Code is amended to
read:
711.4. (a) The department shall impose and collect a filing fee
in the amount prescribed in subdivision (d) to defray the costs of
managing and protecting fish and wildlife trust resources, including,
but not limited to, consulting with other public agencies, reviewing
environmental documents, recommending mitigation measures,
developing monitoring requirements for purposes of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code), consulting pursuant to Section
21104.2 of the Public Resources Code, and other activities protecting
those trust resources identified in the review pursuant to the
California Environmental Quality Act.
(b) The filing fees shall be proportional to the cost incurred by
the department and shall be annually reviewed and adjustments
recommended to the Legislature in an amount necessary to pay the full
costs of department programs as specified. The department shall
annually adjust the fees pursuant to Section 713.
(c) (1) All project applicants and public agencies subject to the
California Environmental Quality Act shall pay a filing fee for each
proposed project, as specified in subdivision (d).
(2) Notwithstanding paragraph (1), no filing fee shall be paid
pursuant to this section if any of the following conditions exist:
(A) The project has no effect on fish and wildlife.
(B) The project is being undertaken by the department.
(C) The project costs are payable from any of the following
sources:
(i) The Public Resources Account in the Cigarette and Tobacco
Products Surtax Fund.
(ii) The California Wildlife, Coastal, and Park Land Conservation
Fund of 1988.
(iii) The Habitat Conservation Fund.
(iv) The Fisheries Restoration Account in the Fish and Game
Preservation Fund.
(v) The Commercial Salmon Stamp Account in the Fish and Game
Preservation Fund.
(vi) Striped bass stamp funds collected pursuant to Section 7360.
(vii) The California Ocean Resource Enhancement Account.
(D) The project is implemented through a contract with either a
nonprofit entity or a local government agency.
(3) Filing fees shall be paid at the time and in the amount
specified in subdivision (d). Notwithstanding Sections 21080.5 and
21081 of the Public Resources Code, no project shall be operative,
vested, or final, nor shall local government permits for the project
be valid, until the filing fees required pursuant to this section are
paid.
(d) The fees shall be in the following amounts:
(1) For a project which is statutorily or categorically exempt
from the California Environmental Quality Act, including those
certified regulatory programs which incorporate statutory and
categorical exemptions, no filing fee shall be paid.
(2) For a project for which a negative declaration is prepared
pursuant to subdivision (c) of Section 21080 of the Public Resources
Code, the filing fee is one thousand eight hundred dollars ($1,800).
The filing fee shall be paid to the county clerk at the time of
filing a notice of determination pursuant to Section 21152 of that
code or to the Office of Planning and Research at the time of filing
a notice of determination pursuant to Section 21108 of that code, as
appropriate.
(3) For a project with an environmental impact report prepared
pursuant to the California Environmental Quality Act, the filing fee
is two thousand five hundred dollars ($2,500). The filing fee shall
be paid to the county clerk at the time of filing a notice of
determination pursuant to Section 21152 of the Public Resources Code
or to the Office of Planning and Research at the time of filing a
notice of determination pursuant to Section 21108 of that code, as
appropriate.
(4) For a project that is subject to a certified regulatory
program pursuant to Section 21080.5 of the Public Resources Code, the
filing fee is eight hundred fifty dollars ($850). The filing fee
shall be paid to the department prior to the filing of the notice of
determination pursuant to Section 21080.5 of that code.
(e) The county clerk may charge a documentary handling fee of
fifty dollars ($50) per filing in addition to the filing fee
specified in subdivision (d).
(1) The county clerk of each county and the Office of Planning and
Research shall maintain a record, both electronic and in paper, of
all environmental documents received. The record shall include, for
each environmental document received, the name of each applicant or
lead agency, the document filing number, the project name as approved
by the lead agency, and the filing date. The record shall be made
available for examination or audit by authorized personnel of the
department during normal business hours.
(2) The filing fee imposed and collected pursuant to subdivision
(d) shall be remitted monthly to the department within 30 days after
the end of each month. The remittance shall be accompanied with the
information required pursuant to paragraph (1). The amount of fees
due shall be reported on forms prescribed and provided by the
department.
(3) The department shall assess a penalty of 10 percent of the
amount of fees due for any failure to remit the amount payable when
due. The department may pursue collection of delinquent fees through
the Controller's office pursuant to Section 12419.5 of the Government
Code.
(f) Notwithstanding Section 12000, failure to pay the fee under
subdivision (d) is not a misdemeanor. All unpaid fees are a statutory
assessment subject to collection under procedures as provided in the
Revenue and Taxation Code.
(g) Only one filing fee shall be paid for each project unless the
project is tiered or phased, or separate environmental documents are
required.
(h) This section does not preclude or modify the duty of the
department to recommend, require, permit, or engage in mitigation
activities pursuant to the California Environmental Quality Act.
(i) The permit process of the California Coastal Commission, as
certified by the Secretary of the Resources Agency, is exempt from
the payment of the filing fees prescribed by paragraph (5) of
subdivision (d) insofar as the permits are issued under any of the
following regulations:
(1) Subchapter 4 (commencing with Section 13136) of Chapter 5 of
Division 5.5 of Title 14 of the California Code of Regulations.
(2) Subchapter 1 (commencing with Section 13200), Subchapter 3
(commencing with Section 13213), Subchapter 3.5 (commencing with
Section 13214), Subchapter 4 (commencing with Section 13215),
Subchapter 4.5 (commencing with Section 13238), Subchapter 5
(commencing with Section 13240), Subchapter 6 (commencing with
Section 13250), and Subchapter 8 (commencing with Section 13255) of
Chapter 6 of Division 5.5 of Title 14 of the California Code of
Regulations.
SEC. 15. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.