BILL NUMBER: AB 1201 CHAPTERED 09/06/05 CHAPTER 227 FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2005 APPROVED BY GOVERNOR SEPTEMBER 6, 2005 PASSED THE ASSEMBLY AUGUST 22, 2005 PASSED THE SENATE AUGUST 18, 2005 AMENDED IN SENATE JUNE 8, 2005 AMENDED IN ASSEMBLY APRIL 18, 2005 INTRODUCED BY Assembly Member Laird FEBRUARY 22, 2005 An act to amend Sections 33302, 33321, 33322, 33347, and 33352 of the Public Resources Code, relating to the Sierra Nevada Conservancy. LEGISLATIVE COUNSEL'S DIGEST AB 1201, Laird Sierra Nevada Conservancy. Existing law establishes the Sierra Nevada Conservancy, to undertake various activities related to the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy. Existing law authorizes the conservancy to acquire from willing sellers or transferors an interest in real property, but prohibits the conservancy from acquiring a fee interest in real property. Existing law authorizes the conservancy to receive, among other things, gifts, donations, and a fee interest in real property. This bill would revise the description of the Sierra Nevada Region for purposes of the conservancy. This bill would specify that the conservancy may not acquire a fee interest in real property by purchase. The bill would also authorize the conservancy to receive bequests and devises. The bill would make various technical, nonsubstantive changes in those provisions. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 33302 of the Public Resources Code is amended to read: 33302. For the purposes of this division, the following terms have the following meanings: (a) "Board" means the Governing Board of the Sierra Nevada Conservancy. (b) "Conservancy" means the Sierra Nevada Conservancy. (c) "Fund" means the Sierra Nevada Conservancy Fund created pursuant to Section 33355. (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 that has among its principal charitable purposes preservation of land for scientific, educational, recreational, scenic, or open-space opportunities; or, protection of the natural environment, preservation or enhancement of wildlife; or, preservation of cultural and historical resources; or, efforts to provide for the enjoyment of public lands. (f) "Region" or "Sierra Nevada Region" means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, described as the area bounded as follows: On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slope's blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and the Shasta National Forest portion of Bear Mountain Road, between the Sacramento River and Shasta Lake; the Pit River Arm of Shasta Lake; the northerly boundary of the Pit River watershed; the southerly and easterly boundaries of Siskiyou County; and within Modoc County, the easterly boundary of the Klamath River watershed; and on the north by the northern boundary of the State of California; excluding both of the following: (1) The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as "region." (2) The San Joaquin River Parkway, as described in Section 32510. (g) "Subregions" means the six subregions in which the Sierra Nevada Region is located, described as follows: (1) The north Sierra subregion, comprising the Counties of Lassen, Modoc, and Shasta. (2) The north central Sierra subregion, comprising the Counties of Butte, Plumas, Sierra, and Tehama. (3) The central Sierra subregion, comprising the Counties of El Dorado, Nevada, Placer, and Yuba. (4) The south central Sierra subregion, comprising the Counties of Amador, Calaveras, Mariposa, and Tuolumne. (5) The east Sierra subregion, comprising the Counties of Alpine, Inyo, and Mono. (6) The south Sierra subregion, comprising the Counties of Fresno, Kern, Madera, and Tulare. (h) "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. SEC. 2. Section 33321 of the Public Resources Code is amended to read: 33321. (a) The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows: (1) The 13 voting members of the board shall consist of all of the following: (A) The Secretary of the Resources Agency, or his or her designee. (B) The Director of Finance, or his or her designee. (C) Three public members appointed by the Governor, who are not elected officials, to represent statewide interests. (D) One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests. (E) One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests. (F) One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure: (i) Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion. (ii) The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy. (iii) If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion. (2) The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following: (A) One representative of the National Park Service, designated by the United States Secretary of the Interior. (B) One representative of the United States Forest Service, designated by the United States Secretary of Agriculture. (C) One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior. (b) Appointing powers shall seek to include individuals from a breadth of backgrounds. SEC. 3. Section 33322 of the Public Resources Code is amended to read: 33322. Members and alternates, if any, shall serve terms as follows: (a) The members appointed pursuant to subparagraphs (C) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 33321 shall serve at the pleasure of the appointing power. (b) The members and alternates, if any, appointed under subparagraph (F) of paragraph (1) of subdivision (a) of Section 33321 shall serve, as follows: (1) Members and alternates in the north Sierra subregion, the central Sierra subregion, and the east Sierra subregion shall have terms beginning on January 1 in an odd-numbered year and ending on December 31 of the following even-numbered year. All terms shall be for two years. (2) Members and alternates in the north central Sierra subregion, the south central Sierra subregion, and the south Sierra subregion shall have terms beginning on January 1 in an even-numbered year and ending on December 31 in the following odd-numbered year. Members and alternates who are initially appointed to the board shall serve for a one-year term for the first year. Subsequent terms shall be for two years. (c) No member of the board, whose appointment to the board was contingent upon meeting a condition of eligibility under this division, shall serve beyond the time when the member ceases to meet that condition. SEC. 4. Section 33347 of the Public Resources Code is amended to read: 33347. (a) The conservancy may acquire from willing sellers or transferors, an interest in any real property, in order to carry out the purposes of this division. However, the conservancy 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 conservancy may request the State Public Works Board to review and approve specific acquisitions. (c) The conservancy shall not exercise the power of eminent domain. SEC. 5. Section 33352 of the Public Resources Code is amended to read: 33352. (a) The conservancy 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 33347, the conservancy may receive an interest in real or personal property through transfer, succession, or other mode of acquisition generally recognized by law. (c) All funds or income received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.