Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 875


Introduced by Assembly Member Chesbro

February 22, 2013


An act to amendbegin delete Sectionend deletebegin insert Sectionsend insert 4629.6begin insert and 6217.1end insert of, and to add Article 5.5 (commencing with Section 4564) to Chapter 8 of Part 2 of Division 4 of, the Public Resources Code, relating to resource protection and management.

LEGISLATIVE COUNSEL’S DIGEST

AB 875, as amended, Chesbro. Forest management.

The Z’Berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and is approved by, the Department of Forestry and Fire Protection. Existing law establishes the Timber Regulation and Forest Restoration Fund in the State Treasury, and requires that all revenues received from a specified assessment imposed on the retail sale of lumber products, as defined, and engineered wood products, as defined, less amounts deducted for refunds and reimbursements, be deposited into the fund. Existing law requires that moneys deposited into the fund be expended, upon appropriation by the Legislature, for specified purposes, including to fund existing restoration grant programs.

This bill wouldbegin delete include the funding of projectsend deletebegin insert provide that priority be given to funding restoration grant programsend insert relating to salmon and anadromous trout speciesbegin delete to this list of purposesend delete.

begin delete

This bill would require the State Board of Forestry and Fire Protection and the department, with the guidance of other entities, including harvest plan review agencies, to conduct pilot projects, to be completed by January 1, 2017, to determine and implement processes that would result in long-term efficiencies and cost savings while ensuring environmental performance that would protect and restore vital soil, water, wildlife, timber, and forest values and resources. The bill would require these pilot projects to focus on certain things, including reforming and standardizing requirements for vital information on a CalWater planning watershed basis. The bill would require funding and personnel for the development and implementation of the pilot projects to be from existing department and responsible agencies’ budgets and personnel. The bill would require all documents that form the basis for the pilot projects to be posted on the department’s Internet Web site and the findings and recommendations of the pilot projects to be presented at one or more public meetings.

end delete
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The bill would require the board to develop recommendations and pass regulations for providing electronic public access to all relevant documents that assist the department in administering timber harvest regulations, in ensuring the protection and recovery of forest and watershed health and productivity, and in monitoring.

end delete
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Existing law requires the Department of Fish and Game to grant funds from the Salmon and Steelhead Trout Restoration Account in the Resources Trust Fund in a specified manner, including for projects implementing instream, riparian, water quality, water quantity, and watershed prescriptions that are designed to restore the structure and function of fish habitat.

end insert
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This bill would require these projects to also protect the structure and function of fish habitat.

end insert
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Existing law requires that not less than 65% of the moneys in the account be used for salmon habitat protection and restoration projects.

end insert
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This bill would include training and education as uses for these moneys, as provided.

end insert
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Existing law requires up to 35% of the moneys in the account to be used for specified purposes.

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This bill would include county salmonid conservation programs as one of these purposes.

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The bill would require the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection, by July 1, 2014, in consultation with various entities, to select a pilot project assessment team, as specified, to undertake pilot projects with the primary goal being to improve the state’s collection, organization, management, use, and distribution of vital forestry-related information. The bill would require the pilot projects to accomplish certain things, including enabling restoration measures to be identified for listed anadromous salmonids, other wildlife, watersheds, and forest health issues. The bill would require the pilot projects to conclude on January 1, 2017. The bill would require the pilot project assessment team to create a report of its findings, conclusions, and recommendations and hold a public meeting to discuss the report.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin delete
P3    1

SECTION 1.  

This act shall be known and may be cited as the
2AB 1492 Implementation Act for Forest Restoration, Ecological
3Performance, and Program Efficiencies.

4

SEC. 2.  

The Legislature finds and declares all of the following:

5(a) There are numerous water bodies in California that have
6been declared by the State Water Resources Control Board to be
7impaired due to excessive sedimentation, high water temperatures,
8and pollutants.

9(b) Sequestration of carbon in forest lands is a vital component
10of California’s climate change strategy as articulated by the Climate
11Action Team and the State Air Resources Board.

12(c) The regions of California that have state or federally listed
13anadromous salmonid species are often predominately forest lands
14that are subject to the Z’berg-Nejedly Forest Practice Act of 1973,
15pursuant to Chapter 8 (commencing with Section 4511) of Part 2
16of Division 4 of the Public Resources Code, for purposes of review
17and approval of timber harvest plans. These plans include, but are
18not limited to, timber harvest plans (THPs), nonindustrial timber
19management plans (NTMPs), sustained yield plans (SYPs), and
20program timberland environmental impact reports (PTEIRs).

21(d) Important gains have been made in forest land resource
22protection and conservation since the Z’berg-Nejedly Forest
23Practice Act of 1973, including the application of the California
24Environmental Quality Act (CEQA), and various state and federal
25water quality and fish and game statutes and regulations.

26(e) There are still opportunities for improvement by the
27development of a comprehensive cumulative effects review process
P4    1that is conducted in cooperation with landowners and other
2stakeholders. An effective cumulative effects review process can
3provide the information necessary to restore and recover fish and
4wildlife populations, to improve the quality and quantity of timber,
5to take actions to reduce fire hazards, to sequester carbon, to
6produce energy, and to create jobs.

7(f) In 2012 the Legislature passed, and the Governor signed,
8Assembly Bill 1492 (Chapter 289 of the Statutes of 2012). This
9law, among other things, provided for the financing of the review
10and approval process for the plans described in subdivision (c).
11Key intent language in that law called for reform of that process
12to ensure that efficiencies for that process were determined and
13implemented, and that environmental performance was ensured.

14(g) In addition and related to the key role of an improved
15cumulative effects evaluation and response, cited above, there is
16a need to determine effective and useful information organization
17and accessibility, to enable recovery of the referenced forest and
18watershed resources and to provide sets of adequate monitoring
19protocols that meet the dual need for efficiencies and environmental
20performance.

21(h) Given the complexities, the involvement of multiple
22stakeholders, and the need to make positive progress in the needed
23reforms, it is necessary to undertake pilot projects that will enable
24formalization of measures that will accomplish the efficiencies
25referred to in subdivisions (f) and (g) and ensure environmental
26performance consistent with the responsibilities and needs of each
27of the stakeholders. The pilot projects conducted for purposes of
28this act will have the following attributes:

29(1) A multidisciplinary approach.

30(2) Qualified representatives of the range of stakeholders.

31(3) Rigorous procedures.

32(4) Transparency.

33(5) Appropriate and varied locales.

34(6) Well-documented and thought-out goals, processes, and
35findings.

36

SEC. 3.  

Article 5.5 (commencing with Section 4564) is added
37to Chapter 8 of Part 2 of Division 4 of the Public Resources Code,
38to read:

 

P5    1Article 5.5.  Watershed Pilot Projects
2

 

3

4564.  

(a) The board and the department, guided by the Natural
4Resources Agency and the California Environmental Protection
5Agency, in partnership with harvest plan review agencies, the
6range of public stakeholders, and the scientific community, shall
7conduct pilot projects to determine and implement processes that
8result in long-term efficiencies and cost savings while ensuring
9environmental performance that will protect and restore vital soil,
10water, wildlife, timber, and forest values and resources.

11(b) The pilot projects shall initially focus on:

12(1) Reforming and standardizing requirements for vital
13information on a CalWater planning watershed basis by
14establishing basic templates for mapping and other information.
15The templates shall provide basic and electronically accessible
16information deemed necessary by the agencies, plan submitters,
17and the public to understand and fulfill their legal responsibilities.

18(2) Making the evaluation of and response to cumulative impacts
19credible and effective.

20(3) Enabling restoration measures to be identified for listed
21anadromous salmonids and other wildlife, watersheds, and the
22forest itself.

23(4) Determining appropriate and effective monitoring procedures
24and standards.

25(c) The industry, agencies, and the public shall have the
26opportunity to participate in the development and implementation
27of the pilot projects in a transparent process.

28(d) Initial pilot project results shall include the development of
29guidelines for conducting a cumulative effects evaluation on a
30planning watershed scale, and shall address the potential
31project-specific planning watershed cumulative effects of timber
32harvesting activities.

33(e) All pilot projects shall:

34(1) Take place at the appropriate spatial scale.

35(2) Use reproducible, preferably quantitative, methods of
36evaluation as the primary means of determining baseline, or
37existing physical, chemical, or biological parameters, or both.

38(3) Document the findings, conclusions, and recommendations.

39(4) Be conducted by persons and entities with relevant training
40and experience.

P6    1(5) Have consultation with, and seek comment from, appropriate
2scientific experts and the public, including, but not limited to,
3qualified fisheries and wildlife biologists, in order to develop
4evaluation and implementation guidelines that are feasible,
5enforceable, and protective of the public trust.

6(6) Use information from the State of Washington’s Watershed
7Analysis Manual, the Methods Manual developed by the State of
8California’s North Coast Watershed Assessment Program, the
9Recovery Strategy for California Coho Salmon, the National
10Oceanic and Atmospheric Administration fisheries’ recovery plans
11for California evolutionarily significant units, the State Wildlife
12Action Plan, and from other pertinent reports, programs, and
13guidance documents.

14(7) Include significant primary goals such as to effectively
15protect, maintain, and contribute to the restoration of properly
16functioning habitats for recovery of listed species, restoration of
17quality timberlands, or other goals deemed appropriate under
18Section 4564. Some of these goals may include reducing the risk
19of wildfire with special consideration for human communities,
20reducing sedimentation and soil loss, achieving long-term carbon
21sequestration in on-site tree growth and other on-site forest carbon
22pools, and protecting and restoring unique attributes of a given
23planning watershed.

24(f) Pilot projects shall be consistent with state and federal
25mandates governing coho salmon recovery and restoration of
26impaired water bodies. Pilot projects shall also reflect the
27established joint policies between the board, the department, the
28Department of Fish and Wildlife, and the Fish and Game
29Commission.

30(g) Funding and personnel for the development and
31implementation of pilot projects shall be provided from the
32department’s existing budget and personnel. Harvest plan review
33agencies participating in the pilot project shall first utilize funds
34from any appropriation made pursuant to subdivision (c) of Section
354629.6. Additional funding shall be sought from private and public
36sources, statewide and nationally, with an emphasis on receiving
37support from educational institutions.

38(h) All documents that form the basis for the pilot projects that
39are developed pursuant to this section shall be posted on the
40department’s Internet Web site.

P7    1(i) Notwithstanding subdivision (h), findings, recommendations,
2and actions resulting from pilot projects shall be publicly accessible
3on the board’s Internet Web site, along with copies or links to
4public documents that provide additional relevant information,
5including the scientific basis for analytical tools, supporting
6science, and data that is relied upon in the guidelines.

7

4565.  

The board, with the assistance of a multidisciplinary
8technical advisory committee, and in consultation with the Natural
9Resources Agency, the California Environmental Protection
10Agency, and other entities, as determined by the board, shall
11develop recommendations and adopt regulations, if necessary, for
12providing electronic public access to all relevant documents that
13assist the department in administering timber harvest regulations,
14in ensuring the protection and recovery of forest and watershed
15health and productivity, and in monitoring. Watershed-specific
16information shall be organized by the CalWater planning
17watersheds, which may then be conglomerated into larger
18aggregations, as appropriate.

19

4566.  

(a) The pilot projects required by this article shall be
20completed by January 1, 2017.

21(b) The findings and recommendations of pilot projects shall
22focus on the collection, organization, distribution, and use of
23information that will more efficiently and effectively assist
24cumulative effect analyses, post harvest monitoring, and forest
25restoration activities. The goal of these recommendations shall be
26to meet (1) the needs of each of the agencies and the public and
27private stakeholders and (2) the criteria of creating efficiencies
28and ensuring environmental performance.

29(c) The findings and recommendations shall be presented at one
30or more public hearings, depending on the scope and spacial extent
31of those findings and recommendations. The initial hearing shall
32be before the board, with all pilot project-involved agencies
33required to be present.

34(d) Upon making a finding that the recommendations satisfy
35 the goals specified in subdivision (b), the board shall implement
36the recommendations. If the board determines that regulations are
37necessary to implement those recommendations, the board, in
38consultation with the department, the Department of Fish and
39Wildlife, the State Water Resources Control Board, and the
P8    1Department of Conservation, shall adopt the regulations by January
21, 2018.

end delete
3begin insert

begin insertSECTION 1.end insert  

end insert

begin insertArticle 5.5 (commencing with Section 4564) is
4added to Chapter 8 of Part 2 of Division 4 of the end insert
begin insertPublic Resources
5Code
end insert
begin insert, to read:end insert

6 

begin insert
7Article begin insert5.5.end insert  begin insertWatershed Pilot Projectsend insert
end insert
8

 

begin insert
9

begin insert4564.end insert  

(a) By July 1, 2014, the Secretary of the Natural
10Resources Agency and the Secretary for Environmental Protection,
11in consultation with the state’s timber harvest plan review agencies,
12relevant federal agencies, and qualified stakeholders from the
13timber industry and environmental and science communities, shall
14select a pilot project assessment team to undertake the pilot
15projects described in Section 4565.

16(b) Before selecting the pilot project assessment team, the
17Secretary of the Natural Resources Agency and the Secretary for
18Environmental Protection shall hold at least one public meeting
19to discuss the assessment team selection process and the general
20manner in which the team will approach the projects. This meeting
21shall occur at a special session hearing of the Board of Forestry
22and Fire Protection.

23(c) (1) The pilot project assessment team shall include all of
24the following:

25(A) Two representatives from each state agency that is regularly
26involved in the timber harvest review process. If feasible, each
27agency shall have representatives who, collectively, have expertise
28in the sciences and art of cumulative impacts and the collection
29and organization of data.

30(B) If available, qualified representatives from federal agencies
31involved in forestry issues.

32(C) Two qualified representatives from the environmental
33community.

34(D) Two qualified representatives from the timber industry.

35(E) Two registered professional foresters, one of whom shall
36have experience with preparing harvest plans for landowners who
37are not primarily engaged in the manufacture of forest products.

38(F) Two scientists, including, but not limited to, qualified
39fisheries and wildlife biologists.

P9    1(G) Two individuals from the watershed restoration practitioners
2community.

3(2) For each group of representatives, there shall be one person
4who has experience with forestry issues in the Coast Forest District
5and one person who has experience with forestry issues in the
6Northern Forest District.

7(d) (1) As approved by the Board of Forestry and Fire
8Protection, members of the pilot project assessment team may be
9 reimbursed for their actual and necessary expenses incurred in
10the performance of official business related to the pilot projects.

11(2) Members of the pilot project assessment team shall not
12receive more than five thousand dollars ($5,000) in any fiscal year.

13(3) This subdivision shall not apply to a public employee whose
14participation is consistent with his or her job description.

end insert
begin insert
15

begin insert4565.end insert  

(a) By July 1, 2015, the pilot project assessment team
16shall undertake two pilot projects, one in a Coast Forest District
17watershed containing Central California Coast Coho Salmon and
18one in a Northern Forest District watershed in the Sierra Nevada,
19with the primary goal of improving the state’s collection,
20organization, management, use, and distribution of vital
21forestry-related information. The pilot project shall accomplish
22all of the following:

23(1) Make the evaluation and response to cumulative impacts
24credible and effective.

25(2) Enable restoration measures to be identified for listed
26anadromous salmonids, other wildlife, watersheds, and forest
27health issues.

28(3) Determine appropriate and effective post-harvest monitoring
29procedures and standards.

30(b) The pilot projects shall have a focus on (1) developing
31efficiencies and cost savings for state agencies and landowners
32and (2) improving the evaluation of ecological performance. The
33pilot project assessment team may use the State of Washington’s
34Watershed Analysis Manual, the Methods Manual developed by
35the State of California’s North Coast Watershed Assessment
36Program, the Recovery Strategy for California Coho Salmon, the
37National Oceanic and Atmospheric Administration fisheries’
38recovery plans for California evolutionarily significant units, the
39State Wildlife Action Plan, and other pertinent reports, programs,
P10   1and documents as guidance to the extent that they do not conflict
2with this article.

3(c) The pilot projects shall take place on a CalWater Planning
4Watershed level. The pilot project assessment team shall select
5watersheds that (1) are representative of both private and public
6trust values and (2) will produce analyses that are transferable to
7other watersheds.

8(d) The pilot projects shall establish, to the extent feasible,
9templates, consistent symbology, uniform mapping requirements,
10and other requirements to bring information together (1) in a
11publically accessible electronic database and (2) in a manner that
12meets the basic needs of all stakeholders to make decisions on
13environmental conditions and impacts.

14(e) By January 1, 2015, the pilot project assessment team shall
15develop a draft plan explaining the scope and process of the pilot
16projects and hold at least one public hearing to discuss the draft
17plan and take public comment.

18(f) The pilot projects shall conclude on July 1, 2017.

end insert
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19

begin insert4566.end insert  

(a) By January 1, 2018, the pilot project assessment
20team shall complete a draft report of its findings, conclusions, and
21recommendations and hold at least one public meeting to discuss
22the draft report and take public comment. This public meeting
23shall occur at a special session hearing of the Board of Forestry
24and Fire Protection.

25(b) The pilot project assessment team’s recommendations shall
26include all of the following:

27(1) Measures to develop a centralized database system that will
28meet the goals described in subdivision (a) of Section 4565 and
29contain the focus described in subdivision (b) of Section 4565.

30(2) Guidance on how to incorporate the centralized database
31system into processes that will meet the goals described in
32paragraphs (1) to (3), inclusive, of subdivision (a) of Section 4565
33and contain the focus described in subdivision (b) of Section 4565.

34(3) Identification of any impediments to implementing
35paragraphs (1) and (2).

36(c) By July 1, 2018, the pilot project assessment team shall have
37completed the final report of its findings, conclusions, and
38recommendations and hold a public meeting, no later than
39September 1, 2018, to discuss the final report.

P11   1(d) Prior to a public meeting held pursuant to subdivision (c),
2the pilot project assessment team shall, at a minimum, make its
3report and any supporting documents available to the public
4through the department’s Internet Web site.

5(e) (1) No later than August 1, 2018, the pilot project
6assessment team shall deliver copies of the final report to the
7Legislature.

8(2) The requirement for submitting a report imposed pursuant
9to paragraph (1) is inoperative on July 1, 2022, pursuant to Section
1010231.5 of the Government Code.

11(3) A report submitted pursuant to paragraph (1) shall be
12submitted in compliance with Section 9795 of the Government
13Code.

end insert
14

begin deleteSEC. 4.end delete
15begin insertSEC. 2.end insert  

Section 4629.6 of the Public Resources Code is
16amended to read:

17

4629.6.  

Moneys deposited in the fund shall, upon appropriation
18by the Legislature, only be expended for the following purposes:

19(a) To reimburse the State Board of Equalization for its
20administrative costs associated with the administration, collection,
21audit, and issuance of refunds related to the lumber products and
22engineered wood assessment established pursuant to Section
234629.5.

24(b) To pay refunds issued pursuant to Part 30 (commencing
25with Section 55001) of Division 2 of the Revenue and Taxation
26Code.

27(c) To support the activities and costs of the department, the
28Department of Conservation, the Department of Fish and Wildlife,
29the State Water Resources Control Board, and regional water
30quality control boards associated with the review of projects or
31permits necessary to conduct timber operations. On or after July
321, 2013, except for fees applicable for fire prevention or protection
33within state responsibility area classified lands or timber yield
34assessments, no currently authorized or required fees shall be
35charged by the agencies listed in this subdivision for activities or
36costs associated with the review of a project, inspection and
37oversight of projects, and permits necessary to conduct timber
38operations of those departments and boards.

39(d) For transfer to the department’s Forest Improvement
40Program, upon appropriation by the Legislature, for forest resources
P12   1improvement grants and projects administered by the department
2pursuant to Chapter 1 (commencing with Section 4790) and
3Chapter 2 (commencing with Section 4799.06) of Part 2 of Division
44.

5(e) To fund existing restoration grant programs,begin delete including
6programsend delete
begin insert with priority given to those programsend insert described in
7subdivision (b) of Section 6217.1 relating to salmon and
8anadromous trout species.

9(f) To the department, upon appropriation by the Legislature,
10for fuel treatment grants and projects pursuant to authorities under
11the Wildland Fire Protection and Resources Management Act of
121978 (Article 1 (commencing with Section 4461) of Chapter 7 of
13Part 2 of Division 4).

14(g) To the department, upon appropriation by the Legislature,
15to provide grants to local agencies responsible for fire protection,
16qualified nonprofits, recognized tribes, local and state governments,
17and resources conservation districts, undertaken on a state
18responsibility area (SRA) or on wildlands not in an SRA that pose
19a threat to the SRA, to reduce the costs of wildland fire suppression,
20reduce greenhouse gas emissions, promote adaptation of forested
21landscapes to changing climate, improve forest health, and protect
22homes and communities.

23begin insert

begin insertSEC. 3.end insert  

end insert

begin insertSection 6217.1 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
24amended to read:end insert

25

6217.1.  

(a) This section and the process described in this
26section governs the expenditure of any funds received by the State
27of California from the federal government for the purposes of
28salmon and steelhead trout conservation and restoration, the
29expenditure of funds authorized for the Coastal Watershed Salmon
30Habitat Program pursuant to Article 7 (commencing with Section
3179104.200) of Chapter 6 of Division 26 of the Water Code, and
32the expenditure of funds appropriated to the Department of Fish
33and Game for salmon and steelhead trout conservation and
34restoration from the California Clean Water, Clean Air, Safe
35Neighborhood Parks, and Coastal Protection Fund pursuant to
36Article 5 (commencing with Section 5096.650) of Chapter 1.696
37of Division 5 of the Public Resources Code.

38(b) For purposes of this section, “project” means an activity that
39improves fish habitat in coastal waters utilized by salmon and
40anadromous trout species.

P13   1(c) (1) The Department of Fish and Game shall grant funds
2from the Salmon and Steelhead Trout Restoration Account in the
3Resources Trust Fund, as follows:

4(A) At least 87.5 percent of the funds shall be allocated as
5project grants through the existing grant program operated by the
6fisheries management program of the Department of Fish and
7Game.

8(B) Not more than 12.5 percent of the funds may also be used
9for project contract administration activities and biological support
10staff.

11(2) (A) A project shall require the consent of a willing
12landowner, and emphasize the development of coordinated
13watershed improvement activities.

14(B) Projects that restore habitat for salmon and anadromous
15trout species that are eligible for protection as listed or candidate
16species under state or federal endangered species acts shall be
17given top funding priority.

18(C) Projects shall be cost-effective and treat causes and not
19symptoms of fish habitat degradation. Projects may implement
20instream, riparian, water quality, water quantity, and watershed
21prescriptions and shall be designed tobegin insert protect andend insert restore the
22structure and function of fish habitat.

23(3) Any grant funds allocated to a project that exceed the actual
24cost of completing the project shall be returned to the Salmon and
25Steelhead Trout Restoration Account.

26(d) (1) A citizen’s advisory committee shall be appointed by
27the Director of Fish and Game to give advice on the grant program.

28(2) The advisory committee shall consist of seven representatives
29recommended by the California Advisory Committee on Salmon
30and Steelhead Trout, one representative from the agriculture
31industry, one representative from the timber industry, one
32representative of public water agency interests, one academic or
33research scientist with expertise in anadromous fisheries
34restoration, and three county supervisors from coastal counties in
35which anadromous trout exist. The county supervisor members
36shall be recommended by the California State Association of
37Counties.

38(3) The advisory committee shall provide oversight of, and
39recommend priorities for, grant funding under this section. In
40making funding decisions, the Department of Fish and Game shall
P14   1consider the project selection priorities established by the advisory
2committee.

3(4) Members of any advisory committee established for these
4purposes shall be reimbursed for travel and incidental expenses
5related to the performance of their duties under this section.
6Reimbursement for the advisory committee created pursuant to
7this section shall be made from the funds designated in
8subparagraph (B) of paragraph (1) of subdivision (c).
9Reimbursement for other Department of Fish and Game salmon
10and steelhead trout advisory committees shall be funded by
11appropriate sources.

12(5) If a member of the advisory committee, or a member of his
13or her immediate family, is employed by a grant applicant, the
14employer of a grant applicant, or a consultant or independent
15contractor employed by a grant applicant, the advisory committee
16member shall make that disclosure to the other members of the
17committee, and shall not participate in reviewing or making
18recommendations on the grant application of that applicant.

19(e) Except as provided in subdivision (f), the money in the
20Salmon and Steelhead Trout Restoration Account shall be allocated
21as follows:

22(1) Not less than 65 percent of the money shall be used for
23salmon habitat protection and restoration projectsbegin insert and training to
24increase fisheries protectionend insert
. Of that amount, at least 75 percent
25shall be used for watershed (upslope) and riparian area protection
26and restoration activities. These activities may include, but are not
27limited to, grants to acquire and install fish screens to protect
28juvenile and adult salmon and steelhead trout from entrapment in
29water diversions, and grants to remove substandard culverts, stream
30crossings, and bridges that constitute barriers to spawning of
31salmon and steelhead trout and passage of fish. These funds may
32also be used for the acquisition, from willing sellers, of
33conservation easements for riparian buffer strips along coastal
34rivers and streams to protect salmon and steelhead trout habitat or
35for projects that protect and improve water quality and quantity.

36(2) Up to 35 percent of the money shall be allocated for any of
37the uses listed in this paragraph.

38(A) Watershed evaluation, assessment, and planning necessary
39to develop a site-specific and clearly prioritized plan to implement
40watershed improvements.

P15   1(B) Multiyear grants for watershed planning and project
2monitoring and evaluations.

3(C) Watershed organization support and assistance.

4(D) Project maintenance and monitoring after the project
5implementations are complete.

6(E) Public school watershed and fishery conservation education
7projects.

8(F) Private sector technical training and education project grants,
9including teaching private landowners about practical means of
10improving land and water management practices that, if
11implemented, will contribute to the protection and restoration of
12salmon stream habitat; scholarship funding for workshops and
13conferences that teach restoration techniques; operation of nonprofit
14restoration technical schools; and production of restoration training
15 and education workshops and conferences.

16(G) Fish and wildlife habitat improvements, as defined by
17Section 4793, and authorized under the California Forestry
18Incentive Program (CFIP).

19(H) The salmon restoration project of the California
20Conservation Corps.

21(I) The state’s share of the federal Watershed Stewards Program.

begin insert

22(J) County salmonid conservation programs.

end insert
begin delete

23(J)

end delete

24begin insert(K)end insert Monitoring projects that utilize protocols approved by the
25Department of Fish and Game and the National Marine Fisheries
26Service (NMFS) to provide baseline or trend data, or both, for
27anadromous fish populations or the physical and biological factors
28known to be limiting recovery.

begin delete

29(K)

end delete

30begin insert(L)end insert Artificial propagation programs designed to restore depleted
31stocks of salmonids that comply with the directives of the joint
32Department of Fish and Game and NMFS Hatchery Operations
33Review Committee.

34(f) The advisory committee, in any fiscal year, may make a
35recommendation to the Department of Fish and Game to allocate
36money from the Salmon and Steelhead Trout Restoration Account
37for the purposes stated in subdivision (e), but in different
38percentage requirements than the 65/35 split stated in paragraphs
39(1) and (2) of that subdivision. Following that recommendation,
40the Director of Fish and Game may suspend the percentage
P16   1requirements stated in paragraphs (1) and (2) of subdivision (e)
2for that fiscal year only.



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