BILL NUMBER: SB 1148 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 29, 2012
AMENDED IN SENATE MARCH 29, 2012
INTRODUCED BY Senator Pavley
FEBRUARY 21, 2012
An act to amend Sections 711, 713, 714, 3031, 6596, 6596.1, 7149,
and 7149.05 of, and to add Sections 711.1 and 711.5 to, the Fish and
Game Code, and to amend Section 65042 of the Government Code,
relating to fish and wildlife resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1148, as amended, Pavley. Fish and Game Commission: Department
of Fish and Game.
(1) The Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act
of 1993 provides for the establishment of wetlands mitigation bank
sites to increase the total wetlands acreage and values within the
Sacramento-San Joaquin Valley.
This bill would authorize require
the Department of Fish and Game to establish a fee to be
charged to any entity applying to the department to establish a
conservation bank or mitigation bank, as defined, including, but not
limited to, a mitigation bank pursuant to the act
prescribed fees for existing and new conservation or mitigation banks
, to be set in an amount necessary to pay costs incurred by
the department in providing conservation and mitigation banking
program services to the applicant . The bill would
require the department to deposit revenues of those fees in a
separate dedicated account within the Fish and Game Preservation
Fund.
The bill would require the department to ensure on an ongoing
basis that accurate information about mitigation and conservation
banks, as prescribed, is available on its Internet Web site or an
appropriate federal or state agency designated Internet Web site that
is linked to the department's Internet Web site.
(2) Under existing law, the changes in the Implicit Price Deflator
for State and Local Government Purchases of Goods and Services is
used as the index to determine an annual rate of increase or decrease
in the fees for hunting and fishing licenses, stamps, permits, and
tags. Under existing law, the department issues lifetime sportsman's
licenses, hunting licenses, sport fishing ocean enhancement stamps,
commercial fishing ocean enhancement stamps, commercial fishing ocean
enhancement validations, sport fishing ocean enhancement
validations, and sport fishing licenses, and existing law establishes
base fees for those entitlements, adjusted annually pursuant to the
index.
This bill would require the Fish and Game Commission to establish
base fees for lifetime sportsman's licenses, hunting licenses, sport
fishing ocean enhancement stamps and validations, commercial fishing
ocean enhancement stamps and validations, and sport fishing licenses
for the 2013 license year, and would require those fees to be
adjusted annually thereafter according to the index. The bill would
require the commission to issue lifetime sportsman's licenses.
(3) Existing law relating to the Office of Planning and Research
requires every officer, agency, department, or instrumentality of
state government to cooperate in the preparation and maintenance of
the State Environmental Goals and Policy Report and to ensure that
their entity's functional plan is consistent with specified state
planning priorities and annually demonstrate, when requesting
infrastructure as specified, how the plans are consistent with those
priorities. Existing law requires those entities to comply with any
request for advice, assistance, information, or other material.
This bill would specify that the subject entities include certain
trustee agencies.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The
Legislature finds and declares the following:
(a) The department and other state entities
have authorized private and public conservation and mitigation banks
to serve an important function of managing the mitigation provided by
private applicants when aquatic or terrestrial mitigation is
required as a condition of a permit from a public agency.
Conservation and mitigation banks provide parcels of land that
provide habitat for specified species. The banks offer credits to
those with a mitigation responsibility associated with a permit
granted by a public agency that requires compensation for impacts to
wetlands, threatened or endangered species, and other sensitive
resources. The California policy on conservation banks was
established in 1995 by the Natural Resources Agency and the
California Environmental Protection Agency. Other mitigation banking
policies have been entered into by and between state agencies and
federal wildlife agencies including the United States Fish and
Wildlife Service, the United States Army Corps of Engineers, and the
United States Environmental Protection Agency.
(b) The Department of Fish and Game has properly excluded from
mitigation and conservation banks those lands that do not support
significant biological resources or that cannot sustain their
biological viability. The department has also excluded other lands
from eligibility as mitigation banks, including, but not limited to,
lands that are themselves mitigation for previous projects, lands
designated as parks or open space or set aside by a legal settlement,
and lands acquired by a public entity.
(c) The Legislature finds and declares that greater
Greater transparency of mitigation and
conservation banks is required to ensure that the mitigation
requirements of affected regulatory programs and permitting decisions
are fully met and that the accounting mechanisms used by mitigation
banks to provide for species are scientifically valid with
appropriate public oversight. The Legislature also finds and
declares that private and public mitigation banks or the
private and public entities to whom credits are sold should fully
fund the administrative and regulatory costs of the Department of
Fish and Game or other public agencies relating to the provision of
banks.
(d) The Department of Fish and Game has found that the
establishment and use of conservation and mitigation banks may result
in added ecological benefits and reduced administrative costs over
the more traditional forms of smaller, single-purpose mitigation
projects.
SEC. 2. The Legislature further finds and declares the
following:
(a) In 2010, the Legislature passed and the Governor signed
Assembly Bill 2376, which established a process to develop a
strategic vision for the Department of Fish and Game and the Fish and
Game Commission.
(b) Pursuant to Assembly Bill 2376, the Natural Resources Agency
appointed an executive committee, a blue ribbon commission, and a
broad-based stakeholder group, and established a public process that
is focused on improving and enhancing the capacity of both the
department and the commission to protect and manage California's fish
and wildlife.
(c) All groups and individuals with an interest in improving the
work of the department and the commission have been invited to
participate in the stakeholder group process. Numerous public
meetings have been held and extensive information on the process and
the comments received to date are available on the Internet Web site
of the Department of Fish and Game.
(d) The policy chairs in their respective houses of committees
with subject matter jurisdiction,
jurisdiction will cooperate with proposed legislation that will
address many of the draft recommendations of the California Fish and
Wildlife Strategic Vision and other reforms necessary to satisfy the
mandate of Assembly Bill 2376. Some of the content of the proposed
legislation reflects suggestions contained in the draft interim
strategic vision report released by the department and the commission
on November 22, 2011. Each bill may be amended from time to time to
reflect additional recommendations.
(e) It is the intent of the Legislature to focus more of the work
of the commission on the implementation of the state's hunting and
fishing and other wildlife-related regulations and the professional
administration of those laws. Several fees related to hunting and
fishing should therefore be reassigned from the department to the
commission. It is also the intent of the Legislature to enhance the
ability of the department to focus on the management and
administration of its lands, its enforcement responsibilities, the
conservation programs entrusted to it, and enhancing the scientific
basis of conservation decisions made in California.
SEC. 3. 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.
(6) The costs of a conservation and mitigation banking program,
including, but not limited to, costs incurred by the department
during its review, approval, establishment, monitoring, and oversight
of banks, shall be reimbursed from revenues of conservation and
mitigation bank application fees imposed pursuant to Section 711.5.
(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. 4. Section 711.1 is added to the Fish and Game Code, to read:
711.1. The department shall ensure on an ongoing basis that
accurate information about mitigation and conservation banks is
available on its Internet Web site or an appropriate federal or state
agency designated Internet Web site that is linked to the department'
s Internet Web site. The available information shall include, but not
be limited to, the total credits available from the bank, the total
credits available when the bank was created, the amount of current
available credits per species and habitat type, the amount of current
credits withdrawn per species and habitat type, the balance of
credits available per species and habitat type, a specific
description of the credits that have been awarded and for what
species or purpose, the status of the species and habitat at the
mitigation or conservation bank, the bank's long-term management
plans, and the complete annual monitoring reports required by
departmental policy.
SEC. 5. Section 711.5 is added to the Fish and Game Code, to read:
711.5. (a) As used in this section:
(1) "Conservation bank" means a publicly or privately owned and
operated site on which habitat for threatened, endangered, or other
special status species has been, or will be, established to do any of
the following:
(A) Compensate for take or other adverse impacts caused by
activities authorized pursuant to Chapter 1.5 (commencing with
Section 2050) of Division 3.
(B) Reduce, to less than substantial, impacts to fish or wildlife
resources caused by activities authorized pursuant to Section 1602.
(C) Compensate for impacts to the environment pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).
(D) Establish mitigation in advance of adverse impacts.
(2) "Mitigation bank" has the same meaning as "bank site" or
"mitigation bank site , " as defined in Section 1777.2.
(b) (1) The department may
shall establish a fee to be charged to any
entity applying to the department to establish a conservation bank or
mitigation bank as described in subdivision (a), including, but not
limited to, a mitigation bank pursuant to Chapter 7.8 (commencing
with Section 1775), to be set in an amount necessary to pay costs
incurred by the department in providing conservation and mitigation
banking program services to the applicant, including, but not limited
to, bank review, approval, establishment, monitoring, and oversight.
The
(2) The department shall also establish a fee to be charged to all
entities participating in a conservation or mitigation bank as of
January 1, 2013, to be set in an amount necessary to pay costs
incurred by the department in providing conservation and mitigation
banking program services to the bank, including, but not limited to,
bank monitoring and oversight.
(3) The department may adjust the
fee fees in paragraphs (1) and (2)
pursuant to subdivision (c) of Section 713. The department shall
deposit revenues of fees imposed pursuant to this section in a
separate dedicated account within the Fish and Game Preservation
Fund.
(c) The fee imposed in paragraph (1) of subdivision (b)
shall apply to all new bank applications, including, but not limited
to, draft and final prospectuses, agreements, instruments, and
amendments if the department is not already signatory to the bank.
(d) The department may adopt regulations to administer the
fee fees in subdivision (b) .
(e) A conservation bank or a mitigation bank shall not be
operative, vested, or final, and bank credits shall not be issued,
until the applicable fee imposed pursuant to this section is paid to
the department.
SEC. 6. Section 713 of the Fish and Game Code is amended to read:
713. (a) The changes in the Implicit Price Deflator for State and
Local Government Purchases of Goods and Services, as published by
the United States Department of Commerce, shall be used as the index
to determine an annual rate of increase or decrease in the fees for
licenses, stamps, permits, tags, or other entitlements issued by the
department.
(b) (1) The department shall determine the change in the Implicit
Price Deflator for State and Local Government Purchases of Goods and
Services, as published by the United States Department of Commerce,
for the quarter ending March 31 of the current year compared to the
quarter ending March 31 of the previous year. The relative amount of
the change shall be multiplied by the current fee for each license,
stamp, permit, tag, or other entitlement issued by the department.
(2) The product shall be rounded to the nearest twenty-five cents
($0.25), and the resulting amount shall be added to the fee for the
current year. The resulting amount shall be the fee for the license
year beginning on or after January 1 of the next succeeding calendar
year for the license, stamp, permit, tag, or other entitlement that
is adjusted under this section.
(c) Notwithstanding any other provision of law, the department may
recalculate the current fees charged for each license, stamp,
permit, tag, or other entitlement issued by the department, to
determine that all appropriate indexing has been included in the
current fees. This section shall apply to all licenses, stamps,
permits, tags, or other entitlements, that have not been increased
each year since the base year of the 1985-86 fiscal year.
(d) The commission, with respect to any license, stamp, permit,
tag, or other entitlement issued by the commission shall comply with
subdivisions (a) to (c), inclusive.
(e) The calculations provided for in this section shall be
reported to the Legislature with the Governor's Budget Bill.
(f) The Legislature finds that all revenues generated by fees for
licenses, stamps, permits, tags, and other entitlements, computed
under this section and used for the purposes for which they were
imposed, are not subject to Article XIII B of the California
Constitution.
(g) The department and the commission shall, at least every five
years, analyze all fees for licenses, stamps, permits, tags, and
other entitlements issued by it to ensure the appropriate fee amount
is charged. Where appropriate, the department shall recommend to the
Legislature or the commission that fees established by the commission
or the Legislature be adjusted to ensure that those fees are
appropriate.
SEC. 7. Section 714 of the Fish and Game Code is amended to read:
714. (a) The commission shall issue lifetime sportsman's licenses
pursuant to this section. A lifetime sportsman's license authorizes
the taking of birds, mammals, fish, reptiles, or amphibia anywhere in
this state in accordance with law for purposes other than profit for
the life of the person to whom issued unless revoked for a violation
of this code or regulations adopted pursuant to this code. A
lifetime sportsman's license is not transferable. A lifetime
sportsman's license does not include any special tags, stamps, or
other entitlements.
(b) A lifetime sportsman's license may be issued to residents, as
follows:
(1) To a person 62 years of age or over upon payment of a base fee
as determined pursuant to subdivision (g).
(2) To a person 40 years of age or over and less than 62 years of
age upon payment of a base fee as determined pursuant to subdivision
(g).
(3) To a person 10 years of age or over and less than 40 years of
age upon payment of a base fee as determined pursuant to subdivision
(g).
(4) To a person less than 10 years of age upon payment of a base
fee as determined pursuant to subdivision (g).
(c) This section does not require a person less than 16 years of
age to obtain a license to take fish, reptiles, or amphibians for
purposes other than profit or to obtain a license to take birds or
mammals, except as required by law.
(d) This section does not exempt an applicant for a license from
meeting other qualifications or requirements otherwise established by
law for the privilege of sport hunting or sport fishing.
(e) Upon payment of a base fee as determined pursuant to
subdivision (g), a person holding a lifetime hunting license or
lifetime sportsman's license shall be issued annually one deer tag
application pursuant to subdivision (a) of Section 4332 and five wild
pig tags issued pursuant to Section 4654. Lifetime privileges issued
pursuant to this subdivision are not transferable.
(f) Upon payment of a base fee as determined pursuant to
subdivision (g), a person holding a lifetime hunting license or
lifetime sportsman's license shall be entitled annually to the
privileges afforded to a person holding a state duck stamp or
validation issued pursuant to Section 3700 or 3700.1 and an upland
game bird stamp or validation issued pursuant to Section 3682 or
3682.1. Lifetime privileges issued pursuant to this subdivision are
not transferable.
(g) The commission shall establish base fees for lifetime
sportsman's licenses described in this section in an amount
sufficient to recover all reasonable administrative and
implementation costs of the department and commission relating to
those licenses. The base fees specified in this section are
applicable commencing January 1, 2013, and shall be adjusted annually
thereafter pursuant to Section 713.
SEC. 8. Section 3031 of the Fish and Game Code is amended to read:
3031. (a) A hunting license, granting the privilege to take birds
and mammals, shall be issued to any of the following:
(1) A resident of this state, 16 years of age or older, upon the
payment of a base fee as determined pursuant to subdivision (b).
(2) A resident or nonresident, who is under 16 years of age on
July 1 of the licensing year, upon the payment of a base fee as
determined pursuant to subdivision (b), regardless of whether that
person applies before or after July 1 of that year.
(3) A nonresident, 16 years of age or older, upon the payment of a
base fee as determined pursuant to subdivision (b).
(4) A nonresident, 16 years of age or older, valid only for two
consecutive days upon payment of the fee set forth in paragraph (1).
A license issued pursuant to this paragraph is valid only for taking
resident and migratory game birds, resident small game mammals,
fur-bearing mammals, and nongame mammals, as defined in this code or
in regulations adopted by the commission.
(5) A nonresident, valid for one day and only for the taking of
domesticated game birds and pheasants while on the premises of a
licensed game bird club, or for the taking of domesticated migratory
game birds in areas licensed for shooting those birds, upon the
payment of a base fee as determined pursuant to subdivision (b).
(b) The commission shall establish base fees for hunting licenses
described in subdivision (a) in an amount sufficient to recover all
reasonable administrative and implementation costs of the department
and commission relating to those licenses. The base fees specified in
this section are applicable to the 2013 license year, and shall be
adjusted annually thereafter pursuant to Section 713.
SEC. 9. Section 6596 of the Fish and Game Code is amended to read:
6596. (a) In addition to a valid California sport fishing license
and any other applicable license stamp issued pursuant to this code,
a person taking fish from ocean waters south of a line extending due
west from Point Arguello for purposes other than for profit shall
have a valid sport fishing ocean enhancement stamp permanently
affixed to his or her fishing license. A sport fishing ocean
enhancement stamp shall be issued upon payment of a base fee
established by the commission in an amount sufficient to recover all
reasonable administrative and implementation costs of the department
and commission relating to the stamp. A sport fishing license issued
pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149
is not subject to this subdivision.
(b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement stamp issued for that
vessel that has not been suspended or revoked.
(c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes, south of a line extending due
west from Point Arguello, shall have a valid commercial fishing
ocean enhancement stamp issued to that person that has not been
suspended or revoked.
(d) The commission shall establish a base fee for a commercial
fishing ocean enhancement stamp in an amount sufficient to recover
all reasonable administrative and implementation costs of the
department and commission relating to the stamp.
(e) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
(f) The base fees specified in this section are applicable to the
2013 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
SEC. 10. Section 6596.1 of the Fish and Game Code is amended to
read:
6596.1. (a) In addition to a valid California sport fishing
license and any other applicable license validation issued pursuant
to this code, a person taking fish from ocean waters south of a line
extending due west from Point Arguello for purposes other than for
profit shall have a valid sport fishing ocean enhancement validation
permanently affixed to his or her fishing license. A sport fishing
ocean enhancement validation shall be issued upon payment of a base
fee established by the commission in an amount sufficient to recover
all reasonable administrative and implementation costs of the
department and commission relating to the validation. A sport fishing
license issued pursuant to paragraph (4) or (5) of subdivision (a)
of Section 7149.05 is not subject to this subdivision.
(b) In addition to a valid California commercial passenger fishing
boat license issued pursuant to Section 7920, the owner of any boat
or vessel who, for profit, permits any person to fish therefrom,
south of a line extending due west from Point Arguello, shall have a
valid commercial fishing ocean enhancement validation issued for that
vessel that has not been suspended or revoked.
(c) Any person who takes, possesses aboard a boat, or lands any
white sea bass for commercial purposes south of a line extending due
west from Point Arguello, shall have a valid commercial fishing ocean
enhancement validation issued to that person that has not been
suspended or revoked.
(d) The commission shall establish a base fee for a commercial
fishing ocean enhancement validation in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to the validation.
(e) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
(f) The base fees specified in this section are applicable to the
2013 license year, and shall be adjusted annually thereafter pursuant
to Section 713.
SEC. 11. Section 7149 of the Fish and Game Code is amended to
read:
7149. (a) A sport fishing license granting the privilege to take
any fish, reptile, or amphibia anywhere in this state for purposes
other than profit shall be issued to any of the following:
(1) A resident 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
(2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
(3) A nonresident, 16 years of age or older, for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two
consecutive designated calendar days, upon payment of half
one-half of the fee set forth in paragraph (1).
Notwithstanding Section 1053, more than one two-day license issued
for different two-day periods may be issued to, or possessed by, a
person at one time.
(5) A resident or nonresident, 16 years of age or older, for one
designated day, upon payment of a base fee as determined pursuant to
subdivision (d).
(b) California sport fishing license stamps shall be issued by
authorized license agents in the same manner as sport fishing
licenses, and no compensation may be paid to the authorized license
agent for issuing the stamps except as provided in Section 1055.
(c) This section does not apply to licenses, permits,
reservations, tags, or other entitlements issued through the
Automated License Data System.
(d) The commission shall establish base fees for sport fishing
licenses described in subdivision (a) in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to those licenses. The base fees
specified in this section are applicable to the 2013 license year,
and shall be adjusted annually thereafter pursuant to Section 713.
SEC. 12. Section 7149.05 of the Fish and Game Code is amended to
read:
7149.05. (a) A sport fishing license granting the privilege to
take any fish, reptile, or amphibia amphibian
anywhere in this state for purposes other than profit shall be
issued to any of the following:
(1) A resident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
(2) A nonresident, 16 years of age or older, for the period of a
calendar year, or, if issued after the beginning of the year, for the
remainder thereof, upon payment of a base fee as determined pursuant
to subdivision (d).
(3) A nonresident, 16 years of age or older for the period of 10
consecutive days beginning on the date specified on the license upon
payment of the fee set forth in paragraph (1).
(4) A resident or nonresident, 16 years of age or older, for two
designated days, upon payment of half
one-half of the fee set forth in paragraph (1). Notwithstanding
Section 1053, more than one single day license issued for different
days may be issued to, or possessed by, a person at one time.
(5) A resident or nonresident, 16 years of age or older, for one
designated day upon payment of a base fee as determined pursuant to
subdivision (d).
(b) California sport fishing license validations shall be issued
by authorized license agents in the same manner as sport fishing
licenses, and no compensation shall be paid to the authorized license
agent for issuing the validations except as provided in Section
1055.1.
(c) This section applies only to licenses, permits, reservations,
tags, and other entitlements issued through the Automated License
Data System.
(d) The commission shall establish base fees for sport fishing
licenses described in subdivision (a) in an amount sufficient to
recover all reasonable administrative and implementation costs of the
department and commission relating to those licenses. The base fees
specified in this section are applicable to the 2013 license year,
and shall be adjusted annually thereafter pursuant to Section 713.
SEC. 13. Section 65042 of the Government Code is amended to read:
65042. Every officer, agency, department, or instrumentality of
state government, including, but not limited to, all trustee agencies
as defined in Section 21070 of the Public Resources Code, shall do
all of the following:
(a) Cooperate in the preparation and maintenance of the State
Environmental Goals and Policy Report.
(b) By January 1, 2005, ensure that their entity's functional plan
is consistent with the state planning priorities specified pursuant
to Section 65041.1 and annually demonstrate to the office, and to the
Department of Finance when requesting infrastructure pursuant to
subdivision (a) of Section 13102, how the plans are consistent with
those priorities.
(c) Comply with any request for advice, assistance, information or
other material.