BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1089


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          Date of Hearing:  June 14, 2016


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          SB  
          1089 (Pavley) - As Amended May 11, 2016


          SENATE VOTE:  33-0


          SUBJECT:  Wildlife Conservation Board


          SUMMARY:  Adds two public members, appointed by the Legislature,  
          to the Wildlife Conservation Board (WCB), and clarifies existing  
          law that allows the Director of Finance to appoint a designee.   
          Specifically, this bill:


          1)Expands the composition of the WCB to include two public  
            members, one appointed by the Speaker of the Assembly, and one  
            by the Senate Rules Committee.  The public members would be  
            voting members and would serve 4 year terms.

          2)Specifically authorizes the Director of Finance to appoint a  
            designee to serve on the WCB to represent the Director of  
            Finance.  


          EXISTING LAW:

          1)Establishes the WCB, which consists of a three member board  
            including the Director of the Department of Fish and Wildlife  








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            (DFW), the President of the State Fish and Game Commission,  
            and the Director of Finance.  Provides that the members of the  
            WCB shall receive actual and necessary travel expenses.

          2)Provides that three members of the Senate, appointed by the  
            Senate Rules Committee, and three members of the Assembly,  
            appointed by the Assembly Speaker, shall serve as advisors and  
            participate in WCB meetings.

          3)Authorizes the WCB to determine areas within the state that  
            are most essential and suitable for wildlife production and  
            preservation, and for fishing and hunting, and to authorize  
            acquisition of properties and property interests for these  
            purposes.

          4)Authorizes the Director of Finance to designate any deputy of  
            his or her office to act in his or her place and stead on any  
            state board or commission.   


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible if any state  
          costs.


          COMMENTS:  This bill expands the membership of the WCB from  
          three to five members, by adding two public members appointed by  
          the Senate and Assembly.


          1)Author's Statement:  The author notes that the WCB is an  
            important, if not particularly well known, state agency that  
            plays a key role in funding conservation efforts across the  
            state.  The WCB has become the leading state entity for  
            acquisition of resource and habitat lands, especially in areas  
            not covered by a conservancy.  The WCB has a strong track  
            record of working with landowners, land trusts, local  
            governments, conservation groups, and state conservancies, and  
            the legislative advisory members to the WCB have served a  








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            constructive role.  However, to increase the visibility of the  
            WCB, and to add public expertise to its work, this bill  
            proposes to add two public members to the WCB.  The existing  
            three members of the WCB are all members who serve through  
            their appointment by the Governor to their positions.  This  
            bill would add important perspectives to the work of the WCB  
            from individuals who are not members of the Administration.


          2)Background:  The WCB's three main functions are land  
            acquisition, habitat restoration, and development of wildlife  
            oriented public access facilities, which are carried out  
            through its programs.  Much of the WCB's funding has come from  
            general obligation bond acts approved by the voters, the  
            Habitat Conservation Fund authorized by Proposition 117 in  
            1990, and other state and federal funds.


          The WCB was created in 1947 to administer a capital outlay  
            program for wildlife conservation and related public  
            recreation. Originally created within the California  
            Department of Natural Resources, and later placed with DFW,  
            the WCB is a separate and independent Board with authority and  
            funding to carry out an acquisition and development program  
            for wildlife conservation. 
            The primary responsibilities of the WCB are to select,  
            authorize and allocate funds for the purchase of land and  
            waters suitable for recreational purposes and the  
            preservation, protection and restoration of wildlife habitat.  
            The WCB approves and funds projects that set aside lands for  
            such purposes, through acquisition or other means, to meet  
            these objectives. The WCB can also authorize the construction  
            of facilities for recreational purposes on property in which  
            it has a proprietary interest.


            A number of other state environmental boards and commissions  
            include public members.  For example, the Ocean Protection  
            Council consists of the Secretary of Natural Resources, the  








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            Secretary for Environmental Protection, the chair of the State  
            Lands Commission, and two public members appointed by the  
            Governor.

            The State Coastal Commission and the State Coastal Conservancy  
            both have public members.  The Coastal Commission consists of  
            12 members, six of which are public members.  The Coastal  
            Conservancy consists of seven members, including the Secretary  
            of Natural Resources, the Director of the Department of  
            Finance, the Chair of the Coastal Commission, and four public  
            members. 

            The Air Resources Board consists of 14 members, 12 of which  
            are appointed by the Governor, including two public members.  
            Two additional members are appointed by the Legislature, one  
            by the Senate Committee on Rules and one by the Speaker of the  
            Assembly.  The legislative appointments are required to be  
            persons who work directly with communities in the state that  
            are most significantly burdened by and vulnerable to high  
            levels of pollution, including communities with diverse racial  
            and ethnic populations and communities with low-income  
            populations.

            The public members added to the WCB by this bill would serve  
            without compensation, but would receive reimbursement for  
            actual and necessary travel expenses, which is provided to all  
            WCB members under existing law. 

          3)Prior and Related Legislation:  AB 1590 (Mathis) of this year  
            proposed to add 4 members to the State Water Resources Control  
            Board (SWRCB) to be appointed by the Legislature, including  
            one member each to be appointed by the Speaker of the  
            Assembly, the Assembly Minority Leader, the President pro  
            Tempore of the Senate, and the Senate Minority Leader.  AB  
            1590 was dropped by the author.


          4)Support Arguments:  Adding two public members to the WCB would  
            broaden the representation and perspectives on the Board, and  








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            create additional ambassadors to represent the important work  
            of the WCB to the general public, which is largely unaware of  
            this important body. 


          5)Opposition Arguments:  None received.  The Department of  
            Finance raised concerns to a prior version of this bill which  
            they indicated was unclear as to who would appoint the public  
            members.  This bill has since been amended to clarify that  
            point.  The Department of Finance also noted that subsection  
            (b) of this bill is unnecessary, as the Government Code  
            already provides the Director of Finance with the authority to  
            appoint a designee. 


          6)Suggested Amendments:  Government Code Section 7.9 gives the  
            Director of Finance general authority to appoint a designee to  
            represent the director and act in his or her stead on any  
            state board or commission of which the director is a member.   
            Subsection (b) of this bill is therefore redundant and can be  
            deleted as follows:


            On page 2, strike lines 7-8.  


          REGISTERED SUPPORT / OPPOSITION:




          Support

          Pacific Forest Trust


          Trust for Public Lands










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          Opposition

          None on file.




          Analysis Prepared by:Diane Colborn / W., P., & W. / (916)  
          319-2096