BILL NUMBER: SB 1396 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Wolk
(Principal coauthor: Assembly Member Dodd)
(Coauthor: Senator McGuire)
(Coauthor: Assembly Member Levine)
FEBRUARY 19, 2016
An act to add Division 23.4 (commencing with Section 33400) to the
Public Resources Code, relating to the Inner Coast Range
Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
SB 1396, as introduced, Wolk. Inner Coast Range Conservancy.
Existing law establishes various conservancies in the Natural
Resources Agency to acquire, manage, direct the management of, and
conserve public lands in the state.
This bill would establish the Inner Coast Range Conservancy in the
agency to undertake various activities related to the Inner Coast
Range Region, as defined, and would prescribe the management, powers,
and duties of the conservancy. The bill would create the Inner Coast
Range Conservancy Fund in the State Treasury. Moneys in the fund
would be available, upon appropriation, for the purposes of the
conservancy.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 23.4 (commencing with Section 33400) is added
to the Public Resources Code, to read:
DIVISION 23.4. Inner Coast Range Conservancy
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
33400. This division shall be known, and may be cited, as the
Inner Coast Range Conservancy Act.
33401. The Legislature finds and declares all of the following:
(a) The Inner Coast Range Region is a globally significant area,
including world renowned geological, biological, and cultural
resources, a national monument, and many large, pristine areas that
are open for public use.
(b) The Inner Coast Range Region is an important part of the state'
s economy, providing substantial agricultural products, timber,
water, fishery and other biological resources, ranching, tourism, and
recreation.
(c) In cooperation with local governments, private businesses,
nonprofit organizations, and the public, an Inner Coast Range
Conservancy can help do all of the following:
(1) Provide increased opportunities for tourism and recreation.
(2) Protect, conserve, and restore the region's physical,
cultural, archaeological, historical, and living resources.
(3) Aid in the preservation of working landscapes.
(4) Reduce the risk and severity of natural disturbances, such as
wildfires, and restore resiliency to natural landscapes.
(5) Protect and improve water supply and water and air quality,
and improve water use efficiency.
(6) Assist the regional economy through the operation of the
conservancy's program.
(7) Identify the highest priority projects and initiatives for
which funding is needed.
(8) Undertake efforts to enhance public use and enjoyment of lands
owned by the public.
(9) Support efforts that advance, in a complementary manner,
environmental preservation and restoration as well as the economic
well-being of the region's residents.
33402. For the purposes of this division, the following terms
have the following meanings:
(a) "Board" means the Governing Board of the Inner Coast Range
Conservancy.
(b) "Conservancy" means the Inner Coast Range Conservancy.
(c) "Fund" means the Inner Coast Range Conservancy Fund created
pursuant to Section 33475.
(d) "Local public agency" means a city, county, district, or joint
powers authority.
(e) "Nonprofit organization" means a private, nonprofit
organization that qualifies for exempt status under Section 501(c)(3)
of Title 26 of the United States Code, and whose charitable purposes
are consistent with the purposes of the conservancy.
(f) "Region" or "Inner Coast Range Region" means all or portions
of the area lying within the Counties of Colusa, Del Norte, Glenn,
Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama,
Trinity, and Yolo, described as the area within the following
boundaries:
On the south by the southern boundary of the Putah Creek
watershed, including a portion of the Inner Coast Range in eastern
Napa County and northern Solano County north of Vacaville and
Fairfield; on the east by Interstates 505 and 5, northward, including
the eastern boundary of the Trinity River watershed, including the
western boundary of the Shasta River watershed to the Klamath River,
northward along Interstate 5 to the northern boundary of the State of
California; on the north by the northern border of the State of
California; and on the west by the eastern boundary of the Napa River
watershed, the eastern boundary of the Russian River watershed,
northward along the western boundary of the watershed of the main
stem of the Eel River to the southern Humboldt County boundary,
eastward to the western Trinity County boundary, northward to the
western boundary of the Trinity River watershed, northward along the
western boundary of the Trinity River watershed to the confluence of
the Trinity River and the Klamath River, northward along the western
boundary of the Klamath River watershed to the northern boundary of
the State of California.
(g) "Subregions" means the four subregions in which the Inner
Coast Range Region is located, described as follows:
(1) The east subregion, comprising the Counties of Colusa, Glenn,
and Tehama.
(2) The west subregion, comprising the Counties of Humboldt,
Mendocino, and Trinity.
(3) The south subregion, comprising the Counties of Lake, Napa,
Solano, and Yolo.
(4) The north subregion, comprising the Counties of Del Norte,
Shasta, and Siskiyou.
(h) "Tribal organization" means an Indian tribe, band, nation, or
other organized group or community, or a tribal agency authorized by
a tribe, which is recognized as eligible for special programs and
services provided by the United States to Indians because of their
status as Indians and is identified on pages 52829 to 52835,
inclusive, of Number 250 of Volume 53 (December 29, 1988) of the
Federal Register, as that list may be updated or amended from time to
time.
CHAPTER 2. INNER COAST RANGE CONSERVANCY
33420. There is in the Natural Resources Agency the Inner Coast
Range Conservancy, which is created as a state agency to do all of
the following, working in collaboration and cooperation with local
governments and interested parties:
(a) Provide increased opportunities for tourism and recreation.
(b) Protect, conserve, and restore the region's physical,
cultural, archaeological, historical, and living resources.
(c) Aid in the preservation of working landscapes.
(d) Reduce the risk and severity of natural disturbances, such as
wildfires, and restore resiliency to natural landscapes.
(e) Protect and improve water supply and water and air quality and
improve water use efficiency.
(f) Assist the regional economy through the operation of the
conservancy's program.
(g) Identify the highest priority projects and initiatives for
which funding is needed.
(h) Undertake efforts to enhance public use and enjoyment of lands
owned by the public.
(i) Support efforts that advance, in a complementary manner,
environmental preservation and restoration as well as the economic
well-being of the region's residents.
33421. (a) The board shall consist of 11 voting members and two
nonvoting liaison advisers, appointed or designated as follows:
(1) The 11 voting members of the board shall consist of all of the
following:
(A) The Secretary of the Natural Resources Agency, or his or her
designee.
(B) The Director of Finance, or his or her designee.
(C) Three public members appointed by the Governor, who are not
elected officials, to represent statewide interests.
(D) One public member appointed by the Speaker of the Assembly,
who is not an elected official, to represent statewide interests.
(E) One public member appointed by the Senate Committee on Rules,
who is not an elected official, to represent statewide interests.
(F) One member for each of the four subregions who shall be a
member of the board of supervisors of a county located within that
subregion, and whose supervisorial district shall be at least
partially contained within the Inner Coast Range Region. Each member
shall be selected by the counties within that subregion, according to
the following procedure:
(i) Each county board of supervisors within a subregion shall
select a member of that board to determine, with the selected members
of the other counties in the subregion, which member of a board of
supervisors within the subregion shall be appointed as a member of
the conservancy board. An alternate may be appointed. The appointed
member and any alternate shall have at least part of his or her
supervisorial district within the subregion.
(ii) The initial appointment of a member for each subregion shall
be made no later than 60 days after the effective date of this
division. A subsequent appointment to a regular term on the board
shall be made before the date specified in Section 33422 for the
commencement of that term. A vacancy occurring before the end of a
term shall be filled for the remainder of the term within 60 days of
the vacancy.
(iii) If the boards of supervisors within a subregion do not
appoint a member to the board within the timeframe specified in
clause (ii), the Governor shall appoint one of the supervisors
selected pursuant to clause (i) to serve as the board member for the
subregion.
(2) The two nonvoting liaison advisers who serve in an advisory,
nonvoting capacity shall consist of all of the following:
(A) One representative of the United States Forest Service,
designated by the United States Secretary of Agriculture.
(B) One representative of the United States Bureau of Land
Management, designated by the United States Secretary of the
Interior.
(b) Appointing powers shall seek to include individuals from a
breadth of backgrounds.
33422. Members and alternates, if any, shall serve terms as
follows:
(a) The members appointed pursuant to subparagraphs (C) to (E),
inclusive, of paragraph (1) of subdivision (a) of Section 33421 shall
serve at the pleasure of the appointing power.
(b) The members and alternates, if any, appointed under
subparagraph (F) of paragraph (1) of subdivision (a) of Section 33421
shall serve, as follows:
(1) Members and alternates for the west subregion and the north
subregion shall have terms beginning on January 1 in an odd-numbered
year and ending on December 31 of the following even-numbered year.
All terms shall be for two years.
(2) Members and alternates for the east subregion and the south
subregion shall have terms beginning on January 1 in an even-numbered
year and ending on December 31 in the following odd-numbered year.
Members and alternates for these regions who are appointed to the
board at its initiation shall serve a one-year term. Subsequent terms
shall be for two years.
(c) No member of the board, whose appointment to the board was
contingent upon meeting a condition of eligibility under this
division, shall serve beyond the time when the member ceases to meet
that condition.
33423. (a) The voting members appointed or designated under
paragraph (1) of subdivision (a) of Section 33421 who are not state
employees shall be compensated for attending meetings of the
conservancy at the rate of one hundred dollars ($100) per scheduled
meeting day.
(b) All members of the board shall be reimbursed for their actual
and necessary expenses, including travel expenses, incurred in
attending meetings of the conservancy and carrying out the duties of
the office.
33424. Annually, the voting members of the board shall elect from
among the voting members a chairperson and vice-chairperson, and
other officers as necessary. If the office of the chairperson or
vice-chairperson becomes vacant, a new chairperson or
vice-chairperson shall be elected by the voting members of the board
to serve for the remainder of the term.
33425. (a) Six of the voting members shall constitute a quorum
for the transaction of the business of the conservancy. The board
shall not transact the business of the conservancy if a quorum is not
present at the time a vote is taken. A decision of the board
requires an affirmative vote of six of the voting members, and the
vote is binding with respect to all matters acted on by the
conservancy.
(b) The board shall adopt rules, regulations, and procedures for
the conduct of business by the conservancy.
(c) The voting members of the board appointed or designated
pursuant to paragraph (1) of subdivision (a) of Section 33421 and the
nonvoting advisers selected pursuant to paragraph (2) of subdivision
(a) of Section 33421, shall have the right to attend all meetings of
the board, including closed sessions.
33426. The board may establish advisory boards or committees,
hold community meetings, and engage in public outreach using advanced
forms of technology in order to facilitate the decisionmaking
process. Members of advisory boards or committees may be reimbursed
for the actual and necessary expenses, including travel expenses,
that they incur in attending regular meetings of the advisory board
or committee of which they are a member.
33427. The board shall establish and maintain a headquarters
office within the region. The conservancy may rent or own real and
personal property and equipment pursuant to applicable statutes and
regulations.
33428. The board shall determine the qualifications of, and shall
appoint, an executive officer of the conservancy, who shall be
exempt from civil service. The board shall employ other staff as
necessary to execute the powers and functions provided for under this
division.
33429. The board may enter into contracts with private entities
and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
33430. The conservancy's expenses for support and administration
may be paid from the conservancy's operating budget and any other
funding sources available to the conservancy.
33431. The board shall conduct business in accordance with the
requirements of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
33432. The board shall hold its regular meetings within, or near,
the region.
33433. The board shall post agendas for each board meeting on the
Internet.
CHAPTER 3. JURISDICTION AND COOPERATION
33440. The conservancy's jurisdiction is limited to the Inner
Coast Range Region.
33441. The conservancy shall carry out projects and activities to
further the purposes of this division throughout the region. The
board shall make every effort to ensure that, over time, conservancy
funding and other efforts are spread equitably across each of the
various subregions and among the stated goal areas, with adequate
allowance for the variability of costs associated with individual
regions and types of projects.
33442. In carrying out this division, the conservancy shall
cooperate with and consult with the city or county where a grant is
proposed to be expended or an interest in real property is proposed
to be acquired; and shall, as necessary or appropriate, coordinate
its efforts with other state agencies, in cooperation with the
Secretary of the Natural Resources Agency. The conservancy shall, as
necessary and appropriate, cooperate and consult with a public water
system that owns or operates facilities, including lands appurtenant
thereto, where a grant is proposed to be expended or an interest in
land is proposed to be acquired.
33443. The conservancy shall adopt guidelines setting priorities
and criteria for projects and programs, based upon its assessment of
program requirements, institutional capabilities, and funding needs
throughout the region, and federal, state, and local plans, including
land and resource management plans, general plans, recreation plans,
urban water management plans, groundwater management plans, and
groundwater sustainability plans. As part of the process of
developing guidelines for projects and programs, the conservancy
shall undertake and facilitate a strategic program planning process
involving meetings and workshops within each of the subregions, with
the purpose of formulating strategic program objectives and
priorities within that subregion. The strategic program shall be
updated regularly, at least once every five years.
33444. Nothing in this division grants to the conservancy:
(a) Any of the powers of a city or county to regulate land use.
(b) Any powers to regulate any activities on land, except as the
owner of an interest in the land, or pursuant to an agreement with,
or a license or grant of management authority from, the owner of an
interest in the land.
(c) Any powers over water rights held by others.
CHAPTER 4. GRANTS AND LOANS
33450. (a) The conservancy may make grants or loans to public
agencies, nonprofit organizations, and tribal organizations in order
to carry out the purposes of this division, including grants or loans
provided to acquire an interest in real property, including a fee
interest in that property. Grant or loan funds shall be disbursed to
a recipient entity only after the entity has entered into an
agreement with the conservancy, on the terms and conditions specified
by the conservancy. After approving a grant, the conservancy may
assist the grantee in carrying out the purposes of the grant.
(b) When awarding grants or making loans pursuant to this
division, the conservancy may require repayment of those funds on the
terms and conditions it deems appropriate. Proceeds from the
repayment or reimbursement of amounts granted or loaned by the
conservancy shall be deposited in the fund.
(c) An entity applying for a grant from the conservancy to acquire
an interest in real property shall specify all of the following in
the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing management will be funded.
33451. In the case of a grant of funds to a nonprofit
organization or tribal organization to acquire an interest in real
property, including, but not limited to, a fee interest, the
agreement between the conservancy and the recipient organization
shall require all of the following:
(a) The purchase price of an interest in real property acquired by
the organization shall not exceed fair market value as established
by an appraisal approved by the conservancy.
(b) The terms under which the interest in real property is
acquired shall be subject to the conservancy's approval.
(c) An interest in real property to be acquired under the grant
shall not be used as security for a debt unless the conservancy
approves the transaction.
(d) The transfer of an interest in the real property shall be
subject to approval of the conservancy, and a new agreement
sufficient to protect the public interest shall be entered into
between the conservancy and the transferee.
(e) A deed or instrument by which the organization acquires an
interest in real property under the grant shall include a power of
termination on the part of the state, subject to the requirements of
Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of
Division 2 of the Civil Code. The deed or instrument shall provide
that the state may exercise the power of termination by notice in the
event of the organization's violation of the purpose of the grant
through breach of a material term or condition thereof, and that,
upon recordation of the notice, full title to the interest in real
property identified in the notice shall immediately vest in the
state, or in another public agency or a nonprofit organization
designated by the conservancy to which the state conveys or has
conveyed its interest.
(f) A deed or instrument by which the organization acquires an
interest in real property under the grant shall provide that the
conveyance is subject to a remainder interest vested in the state. If
the existence of the organization is terminated for any reason, the
conservancy may require that the remainder shall become a present
interest and that full title to the real property shall vest in the
state, or in another public agency or a nonprofit organization
designated by the conservancy to which the state conveys or has
conveyed its interest.
33452. (a) The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
(b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.
(c) The recipient of a grant or loan provided by the conservancy
pursuant to this division for the acquisition of real property shall
provide for the management of the real property to be acquired as
specified in the grant agreement.
33453. The conservancy may apply for and receive grants to carry
out the purposes of this division.
CHAPTER 5. INTERESTS IN REAL PROPERTY
33460. (a) The conservancy may acquire from willing sellers or
transferors, an interest in any real property, in order to carry out
the purposes of this division. However, the conservancy shall not
acquire a fee interest in real property by purchase.
(b) The acquisition of an interest in real property under this
section is not subject to the Property Acquisition Law (Part 11
(commencing with Section 15850) of Division 3 of Title 2 of the
Government Code), unless the value of the interest exceeds two
hundred fifty thousand dollars ($250,000) per lot or parcel, as
adjusted for annual changes to the Consumer Price Index for the State
of California, as calculated by the Department of Finance. However,
the conservancy may request the State Public Works Board to review
and approve specific acquisitions.
(c) The conservancy shall not exercise the power of eminent
domain.
33461. Notwithstanding Section 11005.2 of the Government Code or
any other law, the conservancy may lease, rent, sell, exchange, or
otherwise transfer an interest, option, or contractual right in real
property, as well as a vested right severable therefrom, that has
been acquired under this division, to a person or entity, subject to
terms and conditions in furtherance of the conservancy's purposes.
33462. (a) The conservancy shall take whatever actions are
reasonably necessary and incidental to the management of lands or
interests in lands under its ownership or control and may initiate,
negotiate, and participate in agreements for the management of those
lands or interests with public agencies or private individuals or
entities.
(b) The conservancy may improve, restore, or enhance lands for the
purpose of protecting the natural environment, improving public
enjoyment of or public access to public lands, or to otherwise meet
the objectives of this division and may carry out the planning and
design of those improvements or other measures.
(c) The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity for the
construction, management, or maintenance of facilities authorized by
the conservancy.
CHAPTER 6. FUNDING AND EXPENDITURES
33470. The conservancy shall make an annual report to the
Legislature and to the Secretary of the Natural Resources Agency
regarding expenditures, land management costs, and administrative
costs.
33471. The conservancy may expend funds under this division to
conduct research and monitoring in connection with the development
and implementation of the program administered under this division.
33472. (a) The conservancy may receive gifts, donations,
bequests, devises, subventions, grants, rents, royalties, and other
assistance and funds from public and private sources.
(b) Except as provided in Section 33460, the conservancy may
receive an interest in real or personal property through transfer,
succession, or other mode of acquisition generally recognized by law.
(c) All moneys or income received by the conservancy shall be
deposited in the fund for expenditure for the purposes of this
division.
33473. The conservancy may fix and collect a fee for a direct
service it renders, provided the service is rendered at the request
of the individual or entity receiving the service. The amount of a
fee shall not exceed the conservancy's reasonable costs and expenses
of providing the service rendered. All fees received by the
conservancy shall be deposited in the fund for expenditure for the
purposes of this division.
33474. Proceeds from a lease, rental, sale, exchange, or transfer
of an interest or option in real property, and all other income of
the conservancy, shall be deposited in the fund for expenditure for
the purposes of this division.
33475. The Inner Coast Range Conservancy Fund is hereby created
in the State Treasury. Moneys in the fund shall be available, upon
appropriation by the Legislature, only for the purposes of this
division.