Amended in Senate May 11, 2016

Senate Bill No. 1396

Introduced by Senator Wolk

(Principal coauthor: Assembly Member Dodd)

(Coauthor: Senator McGuire)

(Coauthor: Assembly Member Levine)

February 19, 2016

An act to add begin delete Division 23.4 (commencing with Section 33400) to the Public Resources end delete begin insert Chapter 4.5 (commencing with Section 1440) to Division 2 of, and to repeal Article 7 (commencing with Section 1463) of Chapter 4.5 of Division 2 of, the Fish and Game end insert Code, relating to the Inner Coast begin delete Range Conservancy. end delete begin insert Range. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1396, as amended, Wolk. begin insert Wildlife Conservation Board: end insert Inner Coast Range begin delete Conservancy. end delete begin insert Program. end insert

begin insert

Existing law, the Wildlife Conservation Law of 1947, establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the president of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law prescribes the board’s duties with regard to, among other things, real property acquisitions for property used for wildlife preservation and conservation purposes.

end insert begin insert

This bill would establish the Inner Coast Range Program with specified goal areas and authorization related to the Inner Coast Range Region, as defined. This bill would require the board to establish an advisory board for the program consisting of representatives of counties within the region and would authorize the board to invite certain legislators and representatives of federal agencies to participate as members on the advisory board. The bill would create the Inner Coast Range Program Fund in the State Treasury and would provide that moneys in the fund would be available, upon appropriation, for the purposes of the program.

end insert begin insert

The bill would require the board to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, land, management costs, and administrative costs for the purposes of the program. The bill, by January 1, 2027, would require the board, in consultation with the advisory board, to review the program and issue a report to the relevant policy committees of the Legislature about the possible creation of a state conservancy for the Inner Coast Range Region.

end insert begin delete

Existing law establishes various conservancies in the Natural Resources Agency to acquire, manage, direct the management of, and conserve public lands in the state.

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 4.5 (commencing with Section 1440) is
added to Division 2 of the end insert begin insert Fish and Game Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4.5. end insert Inner Coast Range Program

 

Article begin insert 1. end insert   General Provisions and Definitions

 

begin insert 1440. end insert   

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, a collaborative
conservation program focused on the 10 million acre Inner Coast
Range Region, which is more than 15,000 square miles, 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 a
collaborative regional conservation 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.

begin insert 1440.5. end insert   

For the purposes of this chapter, the following terms
have the following meanings:

(a) “Advisory board” means the advisory board established in
Section 1442.

(b) “Board” means the Wildlife Conservation Board.

(c) “Fund” means the Inner Coast Range Program Fund created
pursuant to Section 1462.

(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 board.

(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:

(1) 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.

(2) On the east by Interstates 505 and 5, northward to a point
on the Sacramento River channel adjacent to the intersection of
Highway 299 and Interstate 5 in the City of Redding, northward
along the centerline of the Sacramento River to its headwaters
near Black Butte, northeastward along the southern boundary of
the watershed of the Klamath River to the northern boundary of
the State of California.

(3) On the north by the northern border of the State of
California.

(4) 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, northwestward along the western
boundary of the watershed of the South Fork 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 from the confluence along the
upstream western boundary of the Klamath River watershed to
the northern boundary of the State of California.

(g) “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, as well as California-recognized Indian
tribes.

 

Article begin insert 2. end insert   Inner Coast Range Program

 

begin insert 1441. end insert   

The Inner Coast Range Program is hereby created with
the following goal areas for the region, and the board is authorized
to do all of the following, working in collaboration and cooperation
with local governments and interested parties, for the purposes of
the program:

(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.

(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.

begin insert 1442. end insert   

(a) (1) The board shall establish an advisory board for
the program consisting of representatives of counties with lands
within the Inner Coast Range Region.

(2) An equal number of advisory board members from each
county shall be on the advisory board. The board shall establish
any additional qualifications for advisory board members that the
board deems necessary and appropriate.

(b) Notwithstanding paragraph (2) of subdivision (a), the board
may invite legislators representing the region and representatives
of federal agencies such as the United States Forest Service and
the United States Bureau of Land Management to participate as
members of the advisory board.

begin insert 1443. end insert   

The board may establish committees, hold community
meetings, and engage in public outreach using advanced forms of
technology in order to facilitate the decisionmaking process for
the purposes of this chapter. Members of committees may be
reimbursed for the actual and necessary expenses, including travel
expenses, that they incur in attending regular meetings of the
committee of which they are a member.

begin insert 1444. end insert   

The board may establish and maintain a headquarters
office within the region.

 

Article begin insert 3. end insert   Jurisdiction and Cooperation

 

begin insert 1445. end insert   

The board may undertake activities identified in this
chapter within the Inner Coast Range Region for the purpose of
the Inner Coast Range Program. The board shall carry out projects
and activities to further the purposes of this chapter throughout
the region. The board shall make every effort to ensure that, over
time, Inner Coast Range Program funding and other efforts are
spread equitably across the region and among the stated goal
areas, with adequate allowance for the variability of costs
associated with the region and types of projects.

begin insert 1446. end insert   

In carrying out this chapter, the board 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.

begin insert 1447. end insert   

The board, in consultation with the advisory board, shall
adopt guidelines setting priorities and criteria for projects and
programs in the region, based upon its assessment of program
requirements, institutional capabilities, and funding needs
throughout the region, and federal, state, and local plans, including
land and resources 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 in the region,
the board shall undertake and facilitate a strategic program
planning process involving meetings and workshops, with the
purpose of formulating strategic program objectives and priorities.
The strategic program shall be updated regularly, at least once
every five years.

begin insert 1448. end insert   

Nothing in this chapter grants to the board:

(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.

 

Article begin insert 4. end insert   Grants and Loans

 

begin insert 1449. end insert   

(a) The board may make grants or loans to public
agencies, nonprofit organizations, and tribal organizations in
order to carry out the purposes of this chapter, 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 board, on the terms and conditions specified
by the board. After approving a grant, the board may assist the
grantee in carrying out the purposes of the grant.

(b) When awarding grants or making loans pursuant to this
chapter, the board 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
board shall be deposited in the fund.

(c) An entity applying for a grant from the board 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.

begin insert 1450. end insert   

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, for the purposes of this
chapter, the agreement between the board 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 board.

(b) The terms under which the interest in real property is
acquired shall be subject to the board’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 board approves
the transaction.

(d) The transfer of an interest in the real property shall be
subject to approval of the board, and a new agreement sufficient
to protect the public interest shall be entered into between the
board 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 board 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 board 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 board to which the state conveys or has conveyed its interest.

begin insert 1451. end insert   

(a) The board 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 chapter.

(b) The board 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 board
pursuant to this chapter for the acquisition of real property shall
provide for the management of the real property to be acquired
as specified in the grant agreement.

begin insert 1452. end insert   

The board may apply for and receive grants to carry out
the purposes of this chapter.

 

Article begin insert 5. end insert   Interests in Real Property

 

begin insert 1453. end insert   

(a) The board may acquire from willing sellers or
transferors an interest in any real property, in order to carry out
the purposes of this chapter. However, the board 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 board may request the State Public Works Board to
review and approve specific acquisitions.

(c) The board shall not exercise the power of eminent domain.

begin insert 1454. end insert   

Notwithstanding Section 11005.2 of the Government
Code or any other law, the board 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 chapter, to a person or entity, subject
to terms and conditions in furtherance of the board’s purposes.

begin insert 1455. end insert   

(a) For the purposes of this chapter, the board 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 board 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 chapter and may carry out the planning and
design of those improvements or other measures.

(c) The board 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 board
to meet the objectives of this chapter.

 

Article begin insert 6. end insert   Funding and Expenditures

 

begin insert 1456. end insert   

The board 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
incurred pursuant to this chapter. The board shall submit the
report to the Legislature in compliance with Section 9795 of the
Government Code.

begin insert 1457. end insert   

The board may expend funds under this chapter to
conduct research and monitoring in connection with the
development and implementation of the program.

begin insert 1458. end insert   

(a) For the purposes of this chapter, the board 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 1453, the board may receive
an interest in real or personal property for the purposes of this
chapter through transfer, succession, or other mode of acquisition
generally recognized by law.

(c) All moneys or income received by the board for the purposes
of this chapter shall be deposited in the fund for expenditure
pursuant to this chapter.

begin insert 1459. end insert   

The board shall not make any expenditures that would
either directly support or deter the planning or implementation of
the Sites Reservoir project.

begin insert 1460. end insert   

The board may fix and collect a fee for a direct service
it renders for the purposes of this chapter, 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 board’s
reasonable costs and expenses of providing the service rendered.
All fees received by the board pursuant to this section shall be
deposited in the fund for expenditure for the purposes of this
chapter.

begin insert 1461. end insert   

Proceeds from a lease, rental, sale, exchange, or transfer
of an interest or option in real property for the purposes of the
Inner Coast Range Program, and all other income of the board
for the purposes of the Inner Coast Range Program, shall be
deposited in the fund for expenditure for the purposes of this
chapter.

begin insert 1462. end insert   

The Inner Coast Range Conservancy Program 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 chapter.

 

Article begin insert 7. end insert   Legislative Review

 

begin insert 1463. end insert   

(a) By January 1, 2027, the board, in consultation with
the advisory board, shall review the Inner Coast Range Program
and issue a report to the relevant policy committees of the
Legislature about the possible creation of a state conservancy for
the Inner Coast Range Region.

(b) Pursuant to Section 10231.5 of the Government Code, this
article is repealed on January 1, 2031.

end insert

All matter omitted in this version of the bill appears in the bill as introduced in the Senate, February 19, 2016. (JR11)