BILL NUMBER: SB 1396 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 31, 2016
AMENDED IN SENATE MAY 11, 2016
INTRODUCED BY Senator Wolk
(Principal coauthor: Assembly Member Dodd)
(Coauthor: Senator McGuire)
(Coauthor: Assembly Member Levine)
FEBRUARY 19, 2016
An act to add Chapter 4.5 (commencing with Section 1440) to
Division 2 of, and to repeal Article 7 (commencing with Section
1463) 1462) of Chapter 4.5 of Division
2 of, the Fish and Game Code, relating to the Inner Coast Range.
LEGISLATIVE COUNSEL'S DIGEST
SB 1396, as amended, Wolk. Wildlife Conservation Board: Inner
Coast Range Program.
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.
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 one representative of each of
the counties within the region and would authorize the
board to invite certain legislators and representatives of state
and 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.
The bill would require the board to make an annual
a biannual 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.
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. 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.
SECTION 1. SEC. 2. Chapter 4.5
(commencing with Section 1440) is added to Division 2 of the Fish and
Game Code, to read:
CHAPTER 4.5. INNER COAST RANGE PROGRAM
Article 1. General Provisions and
Definitions
1440. 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.
1440.5. 1440. 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. 1461.
(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 2. Inner Coast Range Program
1441. 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.
1442. (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 Each count y shall have one
representative 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
state and federal agencies
agencies, such as the United States Forest Service and the
United States Bureau of Land Management
Management, to participate as members of the advisory board.
1443. 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.
1444. The board may establish and maintain a headquarters office
within the region.
Article 3. Jurisdiction and Cooperation
1445. 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.
1446. 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.
1447. 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.
1448. 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 4. Grants and Loans
1449. (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.
1450. 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.
pursuant to the statutes and regulations that apply to 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.
1451. (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.
1452. The board may apply for and receive grants to carry out the
purposes of this chapter.
Article 5. Interests in Real Property
1453. (a) The In accordance with Chapter
4 (commencing with Section 1300) , 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.
1454. 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.
1455. 1454. (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 6. Funding and Expenditures
1456. 1455. The board shall make
an annual a biannual 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.
1457. 1456. The board may expend
funds under this chapter to conduct research and monitoring in
connection with the development and implementation of the program.
1458. 1457. (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 pursuant to this article
shall be deposited in the fund for expenditure pursuant to this
chapter.
1459. 1458. The board shall not
make any expenditures that would either directly support or deter the
planning or implementation of the Sites Reservoir project.
1460. 1459. 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.
1461. 1460. 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.
1462. 1461. 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 7. Legislative Review
1463. 1462. (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.