BILL NUMBER: SB 749 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 12, 2013
AMENDED IN ASSEMBLY JULY 3, 2013
AMENDED IN ASSEMBLY JUNE 25, 2013
AMENDED IN SENATE APRIL 16, 2013
AMENDED IN SENATE APRIL 1, 2013
INTRODUCED BY Senator Wolk
(Coauthor: Senator Berryhill)
FEBRUARY 22, 2013
An act to amend Section 2087 of, to amend, repeal, and add
Sections 2074.2, 2074.6, 2074.8, and 2075.5 of, to add
Sections Section 1745.1 and 3517
to, and to add Article 2.5 (commencing with Section 1758)
to Chapter 7.5 of Division 2 of, the Fish and Game Code, and to
amend Section 482 of, and to add Section 1018 to
to, the Water Code, relating to fish and
wildlife resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 749, as amended, Wolk. Habitat protection: endangered species.
(1) Existing law authorizes the Department of Fish and Wildlife to
enter into contracts or other agreements with nonprofit conservation
groups, as specified, for the management and operation of
department-managed lands, defined to include public shooting grounds,
state marine recreational management areas, ecological reserves, and
wildlife management areas. Existing law states that it is the policy
of the state to maintain sufficient populations of all species of
wildlife and native plants and the habitat necessary to insure their
continued existence at the optimum levels possible to insure, among
other things, the policy to perpetuate native plants and all species
of wildlife for their intrinsic and ecological values, as well as for
their direct benefits to humanity.
The California Constitution establishes the Fish and Game
Commission and provides for the delegation to the commission of
powers relating to the protection and propagation of fish and game,
including the conservation and enhancement of bird habitat.
This bill would authorize the department to lease
department-managed lands for agricultural activities, as specified.
The bill would authorize, upon appropriation by the Legislature, the
moneys collected from those agricultural leases to be used to support
the management, maintenance, restoration, and operations of
department-managed lands. The bill would require the
department to identify, as specified, and maintain lands for the
purpose of restoring or enhancing upland nesting cover and associated
waterfowl brood habitat to support the production of resident
waterfowl and upland game birds. The bill would also require the
department, in the manner it deems appropriate, to annually solicit
comments and recommendations from the upland game bird advisory
committee. The bill would require the department to
annually provide an opportunity for licensed hunters to comment and
make recommendations on the public hunting programs, including
anticipated habitat conditions in the hunting areas on Type A and
Type B Wildlife Areas, as defined under the commission's regulations,
through public meetings or other means as the department deems
appropriate. In complying with these provisions, the bill would
authorize the department to hold regional mee tings on its
hunting programs for several different wildlife areas.
(2) The California Endangered Species Act requires the Fish and
Game Commission to establish a list of endangered species and a list
of threatened species, and requires the department to recommend, and
the commission to adopt, criteria for determining if a species is
endangered or threatened. Under the act, an interested person may
petition the commission to add a species to, or remove a species
from, either the list of endangered species or the list of threatened
species, and existing law requires the commission to consider the
petition at a meeting, as prescribed.
This bill, until January 1, 2017, would establish an alternate
process for the review of a petition, including public hearings.
(3) The California Endangered Species Act also provides, until
January 1, 2014, that the accidental take of candidate, threatened,
or endangered species resulting from acts that occur on a farm or a
ranch in the course of otherwise lawful routine and ongoing
agricultural activities is not prohibited by the act.
This bill would make a technical change to these provisions and
extend this exception to January 1, 2020. The bill would define
"accidental" for these purposes.
(4) Existing law defines resident game birds and upland game bird
species. Existing law permits the taking of certain nongame birds.
This bill would prohibit a state agency from prohibiting,
conditioning, penalizing, or otherwise restricting the establishment
of upland nesting cover or associated waterfowl brood habitat for the
purpose of propagating waterfowl, upland game birds, or other
protected birds without the concurrence of the department.
(5)
(4) Existing law establishes various state
water policies, including the policy that the use of water for
domestic purposes is the highest use of water and the use of water
for irrigation is the next highest use of water
regulates water transfers and, among other things, allows a permittee
or licensee to temporarily change the point of diversion, place of
use, or purpose of use due to a transfer or exchange of water or
water rights if the transfer would only involve the amount of water
that would have been consumptively used or stored by the permittee or
licensee in the absence of the proposed temporary change, would not
injure any legal user of the water, and would not unreasonably affect
fish, wildlife, or other instream beneficial uses .
This bill would declare it is the policy of the state
that, would, when agricultural lands are being
idled in order to provide water for transfer, the growth of
transfer and an amount of water is determined to be
made available by that idling, require landowners to be encouraged to
cultivate or retain nonirrigated cover crops or natural
vegetation for to provide waterfowl,
upland game bird, and other wildlife habitat, carbon
sequestration, and air quality benefits is required to be encouraged
on those lands, as specified.
(5) Existing law requires the Department of Water Resources to
prepare a water transfer guide which is required to include specified
information.
This bill would revise the contents of the water transfer guide to
include fish and wildlife issues related to the transfer of water in
preparing or revising the water transfer guide.
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. Section 1745.1 is added to the Fish and Game Code, to
read:
1745.1. (a) Notwithstanding any other provision of this code, the
department may lease department-managed lands for agricultural
activities, including, but not limited to, grazing, where consistent
with the purpose for which the lands were acquired and compatible
with the department's approved management plan for the area, if
available.
(b) The moneys collected from agricultural leases entered into
pursuant to subdivision (a) shall be deposited by the department into
the Wildlife Restoration Fund and, upon appropriation by the
Legislature, may be used to support the management, maintenance,
restoration, and operations of department-managed lands.
SEC. 2. Article 2.5 (commencing with Section 1758) is added to
Chapter 7.5 of Division 2 of the Fish and Game Code, to read:
Article 2.5. Bird Habitat Conservation
1758. (a) In the annual work plans for the department's wildlife
management areas, the department shall identify those lands,
including a description of proposed habitat management areas, which
it shall maintain for the purpose of restoring or enhancing upland
nesting cover and associated waterfowl brood habitat to support the
production of resident waterfowl and upland game birds.
(b) For lands and proposed habitat management activities
identified and described in subdivision (a), the department, in the
manner it deems appropriate, shall annually solicit comments and
recommendations from the upland game bird advisory committee
described in subdivision (e) of Section 3684.
1758. The department shall annually provide an
opportunity for licensed hunters to comment and make recommendations
on the public hunting programs, including anticipated habitat
conditions in the hunting areas on Type A and Type B Wildlife Areas,
as defined under the commission's regulations, through public
meetings or other means as the department deems appropriate. In
complying with this section, the department may hold regional
meetings on its hunting programs for several different wildlife
areas.
SEC. 3. Section 2074.2 of the Fish and Game Code is amended to
read:
2074.2. (a) At the meeting scheduled pursuant to Section 2074,
the commission shall hold a public hearing on the petition and shall
receive information, written or otherwise, and oral testimony. After
the conclusion of oral testimony from the commission and department
staff, the petitioner, or any other persons, the commission may close
the public hearing and administrative record for the commission's
decision pursuant to this section.
(b) After the commission closes the public hearing, the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed, no person shall submit further information
to the commission for consideration on that petition and the
commission shall not accept any further information for consideration
on that petition except as provided in subdivision (c).
(c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the commission
closes the public hearing unless one of the following occurs prior to
the commission's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petition provides sufficient information to
indicate that the petitioned action may be warranted.
(2) The commission determines that it requires further information
to evaluate whether the petition provides sufficient information to
indicate that the petitioned action may be warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petition provides
sufficient information to indicate that the petitioned action may be
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph.
(d) In its discretion, the commission may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date, which shall be no later than 90
days after the meeting scheduled pursuant to Section 2074, and
subject to applicable notice and agenda requirements. If the
commission closes the public hearing but continues the meeting for
the purpose of deliberation, a person shall not submit, and the
commission shall not receive, further information relating to the
petition except as provided in subdivision (c).
(e) At the meeting scheduled pursuant to Section 2074 or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall consider the petition, the department's written
report, written comments received, and oral testimony provided during
the public hearing, and the commission shall make and enter in its
record one of the following findings:
(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.
(f) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
(g) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 4. Section 2074.2 is added to the Fish and Game Code, to
read:
2074.2. (a) At the scheduled meeting, the commission shall
consider the petition, the department's written report, and comments
received, and the commission shall make and enter in its public
record one of the following findings:
(1) If the commission finds that the petition does not provide
sufficient information to indicate that the petitioned action may be
warranted, the commission shall publish a notice of finding that the
petition is rejected, including the reasons why the petition is not
sufficient.
(2) If the commission finds that the petition provides sufficient
information to indicate that the petitioned action may be warranted,
the commission shall publish a notice of finding that the petition is
accepted for consideration. If the accepted petition recommends the
addition of a species to either the list of endangered species or the
list of threatened species, the commission shall include in the
notice that the petitioned species is a candidate species. The
commission shall maintain a list of species which are candidate
species.
(b) The commission shall publish and distribute the findings
relating to the petition pursuant to Section 2078.
(c) This section shall become operative on January 1, 2017.
SEC. 5. Section 2074.6 of the Fish and Game Code is amended to
read:
2074.6. (a) The department shall promptly commence a review of
the status of the species concerned in the petition. Within 12 months
of the date of publication of a notice of acceptance of a petition
for consideration pursuant to paragraph (2) of subdivision (e) of
Section 2074.2, the department shall produce and make publicly
available on the department's Internet Web site a written peer
reviewed report, based upon the best scientific information available
to the department, which indicates whether the petitioned action is
warranted, which includes a preliminary identification of the habitat
that may be essential to the continued existence of the species, and
which recommends management activities and other recommendations for
recovery of the species. The department shall amend the draft status
review report as appropriate to incorporate scientific information
from the independent peer review. The revised report shall be posted
on the department's Internet Web site for a minimum of 30 days for
public review prior to the hearing scheduled pursuant to Section
2075. The commission may grant an extension of up to six months if
the director determines an extension is necessary to complete
independent peer review of the report, and to provide a minimum of 30
days for public review of the peer reviewed report prior to the
public hearing specified in Section 2075.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 6. Section 2074.6 is added to the Fish and Game Code, to
read:
2074.6. (a) The department shall promptly commence a review of
the status of the species concerned in the petition. Within 12 months
of the date of publication of a notice of acceptance of a petition
for consideration by the commission pursuant to paragraph (2) of
subdivision (a) of Section 2074.2, the department shall provide a
written report to the commission, based upon the best scientific
information available to the department, which indicates whether the
petitioned action is warranted, which includes a preliminary
identification of the habitat that may be essential to the continued
existence of the species, and which recommends management activities
and other recommendations for recovery of the species.
(b) This section shall become operative on January 1, 2017.
SEC. 7. Section 2074.8 of the Fish and Game Code is amended to
read:
2074.8. (a) This article does not impose any duty or obligation
for, or otherwise require, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and comments.
However, the department shall seek independent scientific peer review
of the department's status report. The director may approve an
extension of time for completion of the status report if necessary
for the purposes of obtaining independent peer review pursuant to
Section 2074.6.
(b) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 8. Section 2074.8 is added to the Fish and Game Code, to
read:
2074.8. (a) This article does not impose any duty or obligation
for, or otherwise require, the commission or the department to
undertake independent studies or other assessments of any species
when reviewing a petition and its attendant documents and comments.
(b) This section shall become operative on January 1, 2017.
SEC. 9. Section 2075.5 of the Fish and Game Code is amended to
read:
2075.5. (a) At the meeting scheduled pursuant to Section 2075,
the commission shall hold a public hearing on the petition and shall
receive information, written or otherwise, and oral testimony. After
the conclusion of oral testimony from department staff, the
petitioner, or any other persons, the commission may close the public
hearing and the administrative record for the department's decision
pursuant to this section.
(b) After the commission closes the public hearing the
administrative record for the commission's decision is closed and it
shall not be reopened except as provided in subdivision (c). Once the
public hearing is closed a person shall not submit further
information to the department for consideration on that petition and
the commission shall not accept any further information for
consideration on that petition except as provided in subdivision (c).
(c) The administrative record for the commission's decision
pursuant to this section shall not be reopened once the department
closes the public hearing unless one of the following occurs prior to
the commission's decision:
(1) There is a change in state or federal law or regulation that
has a direct and significant impact on the commission's determination
as to whether the petitioned action is warranted.
(2) The commission determines that it requires further information
to evaluate whether the petitioned action is warranted. If the
commission makes that determination during its deliberation, the
commission may request, on the record at the scheduled meeting or at
a continued meeting, further information on any issue relevant to
making its determination as to whether the petitioned action is
warranted. Any request by the commission pursuant to this paragraph
shall specify a date by which the information must be submitted to
the commission and shall serve to reopen the administrative record
for the limited purpose of receiving further information relating to
the issues specified by the commission in the request. Commission and
department staff, the petitioner, or any other person may submit
information in response to a request pursuant to this paragraph.
(d) The commission, in its discretion, may either close the public
hearing and continue the meeting on the petition for the purpose of
deliberation or continue both the public hearing and the meeting on
the petition to a subsequent date which is no later than 90 days
after the meeting scheduled pursuant to Section 2075, and subject to
applicable notice and agenda requirements. If the commission closes
the public hearing but continues the meeting for the purpose of
deliberation, a person shall not submit, and the commission shall not
receive, further information relating to the petition except as
provided in subdivision (c).
(e) At the meeting scheduled pursuant to Section 2075, or at a
continued meeting scheduled pursuant to subdivision (d), the
commission shall make one of the following findings:
(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code, to add the species to, or remove the species from, the list of
endangered species or the list of threatened species. Further
proceedings of the commission on the petitioned action shall be made
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(f) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 10. Section 2075.5 is added to the Fish and Game Code, to
read:
2075.5. (a) At the meeting scheduled pursuant to Section 2075,
the commission shall make one of the following findings:
(1) The petitioned action is not warranted, in which case the
finding shall be entered in the public records of the commission and
the petitioned species shall be removed from the list of candidate
species maintained pursuant to Section 2074.2.
(2) The petitioned action is warranted, in which case the
commission shall publish a notice of that finding and a notice of
proposed rulemaking pursuant to Section 11346.4 of the Government
Code to add the species to, or remove the species from, the list of
endangered species or the list of threatened species. Further
proceedings of the commission on the petitioned action shall be made
in accordance with Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.
(b) This section shall become operative on January 1, 2017.
SEC. 11. Section 2087 of the Fish and Game Code is amended to
read:
2087. (a) Accidental take of candidate, threatened, or endangered
species resulting from an act that occurs on a farm or a ranch in
the course of otherwise lawful routine and ongoing agricultural
activities is not prohibited by this chapter.
(b) For purposes of this section, "accidental" means unintended or
unforeseen.
(c) This section shall remain in effect only until January 1,
2020, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2020, deletes or extends
that date.
SEC. 12. Section 3517 is added to the Fish and
Game Code, to read:
3517. (a) It is the policy of the state that, when agricultural
lands are being idled in order to provide water for transfer, the
growth of nonirrigated cover crops or natural vegetation for
waterfowl, upland game bird, and other wildlife habitat, carbon
sequestration, and air quality benefits shall be encouraged on those
lands if the cover vegetation does not cause more than a de minimis
or insignificant change in the amount of water being transferred.
(b) A state agency shall not prohibit, condition, penalize, or
otherwise restrict the establishment of upland nesting cover or
associated waterfowl brood habitat for the purpose of propagating
waterfowl, upland game birds, or other birds protected pursuant to
this code without the concurrence of the department.
SEC. 12. Section 482 of the Water Code
is amended to read:
482. The department shall prepare a water transfer guide which
shall include, but not be limited to, all of the following:
(a) A review of existing and appropriate state and federal laws
that pertain to water transfers, water markets, or water rights.
(b) A list of persons or public agencies throughout the state
involved in water management who could be helpful to those seeking
assistance to transfer water.
(c) Information and resources which could be used to identify
potential third-party impacts and mitigation alternatives, including
economic , environmental, and or legal
issues related to the transfer of water , and environmental
issues, including, but not limited to, those described in Section
1018 .
(d) A description of the services available to water users from
the department.
SEC. 13. Section 1018 is added to the Water Code, to read:
1018. It is the policy of the state that, when
When agricultural lands are being idled in order to
provide water for transfer pursuant to this division, the
growth of and an amount of water is determined to be
made available by that idling, landowners shall be encouraged to
cultivate or retain nonirrigated cover crops or natural
vegetation for to provide waterfowl,
upland game bird, and other wildlife habitat, carbon
sequestration, and air quality benefits shall be encouraged on those
lands if the cover vegetation does not cause more than a de minimis
or insignificant change in the amount of water being transferred.
provided that all other water transfer requirements
are met.