BILL ANALYSIS AB 2376 Page 1 ASSEMBLY THIRD READING AB 2376 (Huffman) As Amended May 28, 2010 Majority vote WATER, PARKS & WILDLIFE 9-2APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Huffman, Arambula, |Ayes:|Fuentes, Ammiano, | | |Blumenfield, Caballero, | |Bradford, | | |Ruskin, | |Charles Calderon, Coto, | | |Bonnie Lowenthal, Salas, | |Davis, Monning, Ruskin, | | |Yamada, Fong | |Skinner, Solorio, | | | | |Torlakson, Torrico | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Fuller, Tom Berryhill |Nays:|Conway, Harkey, Miller, | | | | |Nielsen, Norb | ----------------------------------------------------------------- SUMMARY : Requires the Secretary of the Natural Resources Agency (NRA) to convene a committee to develop and submit to the Governor and Legislature, a strategic vision for the Department of Fish and Game (DFG) and the Fish and Game Commission (FGC). Specifically, this bill : 1)Directs the Secretary of NRA to convene a committee to develop and submit to the Legislature, by July 1, 2012, a strategic vision for DFG and FGC. 2)Provides that the committee shall include the Secretary, the Director of DFG, the President of the FGC, the Chair of the California Energy Commission, a representative of the University of California, and representatives of the U.S Fish and Wildlife Service and the National Marine Fisheries Service. 3)Requires that the strategic vision address specified matters relating to fish and game management, including but not limited to: biodiversity management and ecosystem functions; permitting and regulatory functions; opportunities for recreational and commercial harvest; scientific capacity; relations with the public, landowners, nonprofits and other land management agencies; reforms necessary to address challenges of the 21st Century; use of technology and data AB 2376 Page 2 systems; clarification of the roles of DFG and FGC; and strategies for identifying other stable funding options to reduce DFG's dependence on the General Fund. 4)Directs the committee to seek input from other entities and interested parties, and review existing reports and other state models. 5)Requires the Governor or the committee to appoint a "blue ribbon" or citizen commission or task force, a stakeholder advisory group and any other group the Governor or committee deems necessary or desirable to assist in carrying out this task. Requires that a stakeholder advisory group appointed shall be broadly constructed to represent a diverse range of interests as specified. 6)Requires the committee to seek funding from non-state entities to minimize the use of state funds, and provides that this bill shall be implemented only to the extent that nonstate funds are available for that purpose. 7)Provides that this section shall sunset after the strategic vision is submitted or January 1, 2015, whichever date is later. Requires that the strategic vision be submitted in compliance with Government Code Section 9795. EXISTING LAW : 1)Establishes DFG as a department of the NRA, administered through the director, with responsibility for managing and conserving the state's fish and wildlife and their habitat. Provides that the fish and wildlife resources of the state are held in trust for the people of the state by and through DFG. 2)Establishes in the state constitution, Article IV, Section 20, the FGC, composed of five members appointed by the Governor, subject to Senate confirmation. Authorizes the Legislature to delegate to the FGC such powers relating to the protection and propagation of fish and game as the Legislature sees fit. The Legislature has delegated to the FGC and to DFG various responsibilities for the protection, management and regulation of fish and game and their habitats. 3)Provides that the FGC shall formulate general policies for the AB 2376 Page 3 conduct of DFG, and provides that the DFG director is to be guided by those policies and responsible to the FGC for administering DFG in accord with those policies. FISCAL EFFECT : According to the Assembly Appropriations Committee, potential one-time costs in 2011-12 of an unknown amount, but likely in the range of several hundred thousand dollars, the equivalent of at least three positions, to convene the committee called for by this bill, fully covered by private funds. COMMENTS : The mission of DFG is to manage California's fish, wildlife and plants, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public. In addition to its traditional role of managing fish and game activities, DFG is the state's lead public trustee charged with conserving and restoring California's wildlife and ecosystems. DFG's broad responsibilities have expanded and become increasingly more complex over time. Today California is the most populous and biologically diverse state in the nation. As a result of population growth and associated development pressures, and competing demands for finite natural resources, California's environment has experienced unparalleled stressors and resource conservation challenges. In addition, new challenges such as the need to adapt to climate change and to site renewable energy projects, has increased the work load of DFG. The author has introduced this bill with the long term goal of improving and enhancing DFG's capacity and effectiveness in fulfilling its public trust responsibilities for protection and management of the state's fish and wildlife, for their ecological values and for the benefit of the people of the state. Numerous past reports and studies, including reports by the Legislative Analyst's Office, the State Auditor, the Little Hoover Commission and others have highlighted the need for reform of DFG. The Assembly Water, Parks & Wildlife Committee, on February 9, 2010, held a day-long informational oversight hearing on DFG during which the committee reviewed DFG's many mandates and emerging challenges, identified areas where improvements are needed, and received recommendations on ways that DFG's capacity, effectiveness and accountability could be enhanced. A number of common themes emerged from the hearing, including: the need for a dedicated, stable funding source; the AB 2376 Page 4 need for new models to manage wildlife in an era of scarcity and multiple threats; the importance of ensuring DFG has capacity to fulfill its mission in light of the state's legal public trust responsibility under the constitution to protect fish and wildlife; the need for greater conservation planning efforts statewide, including for monitoring and data collection; the need for greater clarity between the roles of DFG and FGC; the need to expedite, prioritize and incentivize the permitting process for voluntary habitat restoration, including on private lands; the need for increased on the ground game warden enforcement capacity; the need to strengthen DFG's in-house science capacity and partnerships with other academic institutions, like UC and CSU; and the importance of database system modernization, standardization, management, coordination and public access. While these and other common themes emerged from the hearing, it was clear given the complexities, that a comprehensive review and strategic analysis is needed. This bill provides a pathway for developing that strategic vision, through creation of a state agency-level committee that can look in depth at the issues, with assistance of a blue ribbon or citizen commission and other advisory groups. A process similar to this approach was used to develop the Delta Vision and strategic plan. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096 FN: 0004694