BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1434| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- UNFINISHED BUSINESS Bill No: SB 1434 Author: Wolk (D) Amended: 6/11/14 Vote: 21 SENATE NATURAL RESOURCES AND WATER COMMITTEE : 9-0, 4/29/14 AYES: Pavley, Cannella, Evans, Fuller, Hueso, Jackson, Lara, Monning, Wolk SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SENATE FLOOR : 34-0, 5/19/14 AYES: Anderson, Beall, Berryhill, Block, Corbett, Correa, De León, Evans, Fuller, Gaines, Galgiani, Hancock, Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno, Lieu, Liu, Mitchell, Monning, Morrell, Padilla, Pavley, Roth, Steinberg, Torres, Vidak, Walters, Wolk, Wyland NO VOTE RECORDED: Calderon, Cannella, DeSaulnier, Nielsen, Wright, Yee ASSEMBLY FLOOR : 77-0, 8/7/14 (Consent) - See last page for vote SUBJECT : Funding of fish and wildlife programs: State Duck Stamp Account advisory committee SOURCE : California Waterfowl Association DIGEST : This bill requires the expenditure of all federal grant monies made available to the state under the Federal Aid in Wildlife Restoration Act of 1937 (commonly known as CONTINUED SB 1434 Page 2 Pittman-Robertson Act or PR Act) to be consistent with the PR Act. Requires the Department of Fish and Wildlife (DFW), in applying for these federal grant monies, to give priority to projects that fulfill one or more specified purposes. Assembly Amendments delete the requirement that monies expended under the PR Act fulfill specified purposes and instead require DFW in applying for these federal grant monies, to give priority to projects that fulfill one or more specified purposes, and make other clarifying and technical changes. ANALYSIS : Existing law: 1.Establishes, under the PR Act, an 11% excise tax on sporting arms and ammunition. Monies collected are deposited in the Wildlife Restoration Account and are used for administrative costs, the Multistate Conservation Grant Program, and hunter education programs. The remaining PR funds are appropriated to the Secretary of the Interior and apportioned to states through the Wildlife Restoration Program using a formula based on the area of the state and its number of licensed hunters. These monies may fund up to 75% of projects relating to the acquisition and improvement of wildlife habitat, the introduction of wildlife into habitat, research, public access facilities, and hunter education programs (a minimum 25% state cost share is required). The PR Act allows its funds to be used for any species of wild bird or mammal, whether game or non-game. 2.Establishes the DFW and allows the DFW to acquire and operate real property as wildlife management areas. These areas include waterfowl management areas, deer ranges, upland game bird management areas, and public shooting grounds. 3.Establishes the State Duck Stamp Account (SDS Account) and requires that: Monies from the SDS Account be used for projects related to waterfowl preservation, habitat restoration, assessments, and research. The Fish and Game Commission must analyze each project CONTINUED SB 1434 Page 3 using these funds. Any lands acquired in California with funds allocated for certain migrating waterfowl be open to waterfowl hunting. This bill: 1.Requires that the expenditure of PR monies be consistent with uses allowable under the PR Act. 2.Requires the DFW, in applying for these federal grant monies, to give priority to projects that fulfill at least one of the following purposes: A. Management of the DFW's wildlife areas and/or other lands open to public hunting or non-game wildlife-related recreation, education, and research. B. Conservation and scientific research of wildlife or wildlife habitat. C. Support of hunting-related programs such as hunter education, public access, and target shooting. 3.Establishes the SDS Account advisory committee. 4.Requires the DFW to: A. Post on its Internet Web site a description and budget for projects receiving PR funds. B. Consult with the Upland Game Bird Account, SDS Account, and Big Game Management Account advisory committees regarding all projects receiving PR funds. Background Recently, sales of guns and ammunition have soared. In 2012 and 2013, California was eligible to receive an estimated total of $12.5 million in PR funds, about 82% of which was categorized as wildlife funds and 18% of which was allocated for hunter education. In 2014, California is eligible to receive approximately CONTINUED SB 1434 Page 4 $25 million in PR funds. The federal Fish and Wildlife Service (FWS) states that many PR-funded projects benefit non-hunting activities including birdwatching, nature photography, and painting. Approximately 26% of PR funding to states is used for surveys and research. Moreover, FWS reports that recent estimates indicate about 70% of people using wildlife management areas are not hunting. In some localities, this ratio may reach 95%. As repeatedly noted during the process that culminated in the release of the California Fish and Wildlife Strategic Vision in April 2012, the DFW has repeatedly experienced difficulty fulfilling its mandates due to a lack of resources. In 2006, for example, the Legislature declared that a lack of funding to the DFW conservation activities other than sport and commercial fishing and hunting activities has resulted in inadequate wildlife and habitat conservation and wildlife protection programs. The Legislature has also found and declared that the costs of hunting and sport fishing programs shall be provided out of monies received from or for hunting and sport fishing programs, and other funds appropriated by the Legislature for this purpose, and that these funds should not be applied to commercial fishing programs, free hunting and fishing license programs, or nongame fish and wildlife programs (Fish and Game Code Section 711). The section also expresses legislative intent that funding for nongame fish and wildlife programs shall be provided through the General Fund and sources other than the Fish and Game Preservation Fund. In 2010, SB 1058 (Harman, Chapter 408, Statutes of 2010) established the Upland Game Bird Account and the Big Game Management Account for proceeds from the sale of game tags, validations, and stamps to fund land acquisitions, programs benefiting game bird and big game species, and the expansion of public hunting opportunities. The bill also established advisory committees for each account. These committees review and provide comments to the DFW on all projects funded through either account to ensure that funds be used solely for projects benefitting specified game species (upland birds, antelope, elk, deer, wild pig, bear, or sheep) and expanding public hunting opportunities. CONTINUED SB 1434 Page 5 FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No SUPPORT : (Verified 8/7/14) California Waterfowl Association (source) Audubon California California Rice Commission California Rifle and Pistol Association California Sportsman's Lobby Ducks Unlimited Outdoor Sportsmen's Coalition of California Pheasants Forever Quail Forever Safari Club International ARGUMENTS IN SUPPORT : The California Waterfowl Association contend that this bill requires that expenditure of PR monies be "subject to review and comment by stakeholder conservation groups." They argue that this bill expands existing annual consultation with advisory committees to include projects funded with PR monies. The California Rice Commission (CRC) is concerned with "overall quality of waterbird populations" and has a natural interest in the quality of habitat in wetlands adjacent to rice areas. They assert that these protected areas serve as important "alternative habitat for waterfowl to use" as their crop matures. Federal grant dollars not only fund hunting-related programs, but also support critical wildlife conservation efforts such as the operation and maintenance of the State's Wildlife Management Areas as well as game species research projects. CRC supports this bill as it makes PR monies available for those purposes. ASSEMBLY FLOOR : 77-0, 8/7/14 AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom, Bocanegra, Bonta, Bradford, Brown, Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley, Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell, Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones, CONTINUED SB 1434 Page 6 Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez, Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams, Yamada, Atkins NO VOTE RECORDED: Bonilla, Fox, Vacancy RM:k 8/8/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED