BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 749|
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THIRD READING
Bill No: SB 749
Author: Wolk (D), et al.
Amended: 4/16/13
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/9/13
AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara,
Monning, Wolk
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Habitat protection: endangered species
SOURCE : Author
DIGEST : This bill allows lease revenues generated on lands
managed by the Department of Fish and Wildlife (DFW) to be used
to manage those lands, makes changes to the procedures for
listing threatened and endangered species, extends the sunset
date on accidental take provisions, and encourages the
enhancement of upland nesting cover and associated habitat.
ANALYSIS :
Existing law:
1. Requires that lease revenues generated by DFW from lands that
it manages are deposited in the wildlife restoration fund
managed by the Wildlife Conservation Board (WCB). These and
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related sections in the Fish and Game Code authorize the WCB
only to acquire, not manage, lands for DFW.
2. Establishes numerous procedural provisions in the California
Endangered Species Act that pertain to the scientific review,
the contents of the administrative record, ground rules for
public participation, and the conduct of public hearings that
may be involved in a decision by the Fish and Game Commission
(FGC) and DFW.
3. Establishes that the "accidental take" of a candidate,
threatened, or endangered species that occurs in the course
of routine and ongoing agricultural activities is not
prohibited. This provision is scheduled to sunset on January
1, 2014.
This bill:
1. Authorizes the DFW to lease department-managed lands for
agricultural activities, as specified. Provides that the
moneys collected from those agricultural leases may be used
to support the maintenance and operations of
department-managed lands from which the moneys were
originally collected.
2. States that leasing of department-managed lands shall be
consistent with the purpose for which the lands were acquired
and, if a management plan has been approved, then the leasing
must also be compatible with that plan. Allows lease
revenues to be used for operations and maintenance at the
lands from which the lease revenues were generated.
3. Makes changes to the procedures for listing threatened and
endangered species. FGC will have new authority to close the
public hearing and the administrative record except under
specified circumstances. These circumstances include a
change in federal or state law or when FGC determines that it
requires further information. Requires FGC to make a finding
either that the petition to list a new species is inadequate
and state the reasons therefore, or that the petition is
accepted for consideration and the reasons for that decision.
Requires that a peer-reviewed scientific report be completed
with 12 months and made available on the DFW Web site for at
least 30 days prior to a hearing to consider a listing
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decision. These provisions sunset on January 1, 2017.
4. Requires DFW to annually solicit comments and recommendations
for the management of lands from the upland game bird
advisory committee, that DFW identifies as those lands it
will manage to improve upland nesting cover and waterfowl and
upland bird brood habitat. State agencies will be prohibited
from actions that will restrict the establishment of these
habitat areas.
6. Extends the sunset for the accidental take to 2020. Adds a
definition of accidental take which states that it means
"unintended or unforeseen." Accidental take will be limited
to an act and not a series of acts which is consistent with
the original purpose of the provision.
7. Urges DFW and FGC to encourage the restoration and
enhancement of upland nesting cover and associated waterfowl
brood habitat to support the production of resident
waterfowl, upland game birds, and other birds. Requires DFW
to identify which department-managed lands DFW will manage
for the purpose of restoration and enhancement.
8. Prohibits a state agency from restricting the establishment
of these habitats without the concurrence of DFW.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Cost pressure of up to $1.7 million for lost revenues to the
Wildlife Restoration Fund.
Unknown cost pressures in the hundreds of thousands of
dollars to the Upland Game Bird Account (special fund) in the
Fish and Game Preservation Fund.
SUPPORT : (Verified 5/23/13)
California Association of Winegrape Growers
California Cattlemens Association
California Farm Bureau Federation
California Outdoor Heritage Alliance
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California Waterfowl Association
Pheasants Forever
ARGUMENTS IN SUPPORT : The California Farm Bureau Federation
(CFBF) is in support of the sunset extension of the accidental
take provisions in this bill as well as the administrative
record changes for listings of species pursuant to the
California Endangered Species Act. On the first point, CFBF
contends that the accidental take provision is an assurance that
the pure accidental take of listed species will not be used to
impose liability on farmers and ranchers. On the second point,
CFBF states that the clarification of when the administrative
record is open will improve the procedures used by DFW and to
have the DFW status report subject to peer review will ensure
that scientific data is better incorporated into the listing
process.
The California Cattlemen's Association supports both the
accidental take provision in this bill as well as the provision
that returns lease revenues to the DFW lands that generated
those lease revenues.
The California Waterfowl Association supports those provisions
in this bill that will benefit increased duck and upland game
bird habitat and the provision pertaining to the return of lease
revenues to the parcels that generated those revenues.
RM:k 5/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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