BILL ANALYSIS Ó SB 749 Page 1 Date of Hearing: August 14, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 749 (Wolk) - As Amended: August 12, 2013 Policy Committee: Water, Parks and Wildlife Vote: 15-0 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill modifies the California Endangered Species Act (CESA) listing procedures and extends the sunset date on the authority for accidental take of listed species during agricultural activities. This bill also enacts other provisions related to agricultural leasing of state lands. Specifically, this bill: 1)Extends the sunset from 2014 to 2020 on the provision allowing accidental take of a candidate, threatened or endangered species resulting from an act that occurs from routine and ongoing agricultural activities. Defines accidental to mean unintended or unforeseen. 2)Authorizes the Department of Fish and Wildlife (DFW) to lease department-managed lands for agricultural activities, as specified. Authorizes moneys collected from agricultural leases to be used to support maintenance and operations of the DFW managed lands. 3)Requires DFW to identify lands to be maintained for upland nesting cover and waterfowl brood habitat. Requires the DFW to annually provide an opportunity for licensed hunters to comment and make recommendations on the management of those lands. 4)Establishes an alternative process for the Fish and Game Commission to review a petition by an interested party to add or remove a species from the CESA lists until January 1, 2017. 5)Prohibits any state agency from prohibiting, conditioning, SB 749 Page 2 penalizing or otherwise restricting the establishment of upland nest cover or associated waterfowl brood habitat for propagating waterfowl, upland game birds, or other protected birds. 6)Provides a statement to encourage landowners of agricultural lands idled to provide water for transfers to cultivate or retain non-irrigated cover crops or natural vegetation if all other water transfer requirements are met. FISCAL EFFECT 1)Increased costs of $130,000 annually to the Upland Game Bird Account within the Fish and Game preservation Fund for DFW to identify for game bird and waterfowl habitat. 2)Cost pressure of up to $1.7 million for lost revenues to the Wildlife Restoration Fund. 3) Minor, absorbable costs to review petitions to add or remove a species from the lists of threatened or endangered species and make recommendations on the regarding the establishment of a bird habitat. COMMENTS 1)Purpose. According to the author, this bill is intended to ensure good stewardship of private property and DFW-managed lands, provide funding for maintenance and operations, and encourage the creation of waterfowl and upland game bird habitat. 2)DFW-Managed Lands. DFW is permitted to lease department-managed lands for certain activities. Lease revenues are deposited in the Wildlife Restoration Fund, managed by the Wildlife Conservation Board. Funds may be used to acquire lands and construct facilities suitable for recreation and adaptable for conservation, propagation, and utilization of fish and game resources. The Wildlife Restoration Fund cannot be used for land management. 3)Upland game birds. Hunters are required to obtain an upland game bird stamp to hunt upland game birds, such as doves, sage grouse, wild turkeys, and quail. Stamp revenues are deposited into the Upland Game Bird Account and are available for expenditure, upon appropriation by the Legislature, for the SB 749 Page 3 acquisition of land and projects that will benefit upland game bird species and expand public hunting opportunities. For the past three years, stamp revenues have been approximately $1.4 million. Analysis Prepared by : Jennifer Galehouse / APPR. / (916) 319-2081