BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 749|
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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
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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
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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.
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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
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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 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
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