BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 749| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 749 Author: Wolk (D), et al. Amended: 9/6/13 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 SENATE FLOOR : 39-0, 5/28/13 AYES: Anderson, Beall, Berryhill, Block, Calderon, Cannella, Corbett, Correa, De León, DeSaulnier, Emmerson, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Monning, Nielsen, Padilla, Pavley, Price, Roth, Steinberg, Torres, Walters, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Vacancy ASSEMBLY FLOOR : Not available SUBJECT : Habitat protection: endangered species SOURCE : Author DIGEST : This bill makes several procedural changes to the California Endangered Species Act (CESA); extends the sunset date on the authority for accidental take of listed species in CONTINUED SB 749 Page 2 the course of otherwise lawful and routine agricultural activities; and enacts other provisions related to agricultural leasing of state lands and protection of habitat for upland game birds and nesting waterfowl. Assembly Amendments (1) extend the sunset date on the Department of Fish and Wildlife's (DFW) recovery strategy pilot program for coho salmon from 2014 to 2017; (2) make technical and clarifying amendments to CESA clarifying the DFW's responsibilities for independent peer review of species status reports, and requiring the Fish and Game Commission (FGC), if it reopens the administrative record on petitions for listing under the CESA, to provide opportunity for public comment on submitted information prior to issuing its decision; and (3) delete provision relating to water transfer and water rights. ANALYSIS : Existing law: 1. Requires that lease revenues generated by DFW from lands that it manages are deposited in the Wildlife Restoration Fund (WRF) managed by the Wildlife Conservation Board (WCB). These and 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 CESA 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 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 DFW to lease department-managed lands for agricultural activities, including but not limited to grazing, where consistent with the purpose for which the CONTINUED SB 749 Page 3 lands were acquired and compatible with the DFW's management plan for the area. Requires moneys collected from agricultural leases of DFW managed lands to be deposited into the WRF and authorizes those moneys, upon appropriation by the Legislature, to be used to support the management, maintenance, restoration and operations of DFW managed lands. 2. Requires DFW to annually provide an opportunity for licensed hunters to comment and make recommendations on public hunting programs, and authorizes DFW to hold regional meetings on hunting programs for different wildlife areas. 3. Makes several changes to the processes and procedures required under CESA as follows: A. Clarifies when a public hearing is closed for purposes of finalizing the administrative record in CESA proceedings, and clarifies the circumstances under which the administrative record can be reopened, which include material changes in the law and a determination by the FGC that additional information is needed to reach a decision on the petition. Requires the FGC if it reopens the record to provide an opportunity for public comment on the submitted information prior to the issuance of its decision. B. Requires the species status report prepared by the DFW for purposes of determining whether a petitioned action is warranted to be independently peer reviewed and made available on the DFW's Internet Web site. Requires the DFW to amend the draft status report as appropriate to incorporate scientific information from the independent peer review, and to make the revised status report available for a minimum of 30 days for public review prior to the hearing on the listing decision. Authorizes the FGC to grant an extension of up to six months if necessary to complete independent peer review and provide the required time for public notice and review. C. Provides that these changes to the CESA processes shall sunset on January 1, 2017, unless a later enacted statute deletes or extends that date. CONTINUED SB 749 Page 4 D. Extends the sunset from 2014 to 2020 on the provision of existing law allowing accidental take of a candidate, threatened or endangered species resulting from an act that occurs on a farm or ranch in the course of otherwise lawful routine and ongoing agricultural activities. Defines accidental to mean unintended or unforeseen. E. Clarifies the DFW's responsibilities for independent peer review of species status reports. 1. Requires, when agricultural lands are being idled in order to provide water for transfer, and an amount of water is determined to be made available by that idling, that landowners shall be encouraged to cultivate or retain non-irrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat, provided that all water transfer requirements are met. Additionally requires the Department of Water Resources to include information and resources regarding this issue in its water transfer guide. 2. Extends the sunset date on the DFW's coho salmon recovery strategy pilot program from 2014 to 2017. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee: Cost pressure of up to $1.7 million for lost revenues to the WRF. Minor, absorbable costs to review petitions to add or remove a species from the lists of threatened or endangered species and make recommendations regarding the establishment of bird habitat. SUPPORT : (Verified 9/11/13) California Association of Winegrape Growers California Cattlemens Association California Farm Bureau Federation California Outdoor Heritage Alliance CONTINUED SB 749 Page 5 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 CESA. 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 9/11/13 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED