BILL ANALYSIS Ó SB 1089 Page 1 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 SB 1089 Page 2 (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 SB 1089 Page 3 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 SB 1089 Page 4 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 SB 1089 Page 5 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 SB 1089 Page 6 Opposition None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096