BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: SB 1396 Hearing Date: April 12, 2016 ----------------------------------------------------------------- |Author: |Wolk | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |February 19, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|William Craven | | | | ----------------------------------------------------------------- Subject: Inner Coast Range Conservancy BACKGROUND AND EXISTING LAW California has 10 conservancies which provide various services within their regions, including public recreation, habitat protection, open space acquisition, and projects to restore and enhance natural areas and public facilities. They range in size from the largest conservancies (Coastal, Sierra Nevada) to the smallest (Baldwin Hills, San Diego River, San Joaquin River), and often are funded through specific allocations in state bond acts. Some are urban (four in the Los Angeles area), some very rural (Tahoe and Sierra Nevada), and most work within a specified geographic area, and one, the Coastal Conservancy, has a jurisdiction that includes the entire coast and the inland watersheds that drain into the ocean. The ten conservancies include Baldwin Hills, Tahoe, Coachella Valley Mountains, Sacramento-San Joaquin Delta, San Diego River, San Gabriel and Lower Los Angeles Rivers and Mountains, San Joaquin river, Santa Monica Mountains, Sierra Nevada, and Coastal). SB 1396 (Wolk) Page 2 of ? At one point, successive administrations insisted that the boards of the conservancies contain a majority of appointees who were either directly appointed by the Governor or who served on a conservancy board because of their appointment to another position, such as the Director of Finance or the Secretary for Natural Resources, both of whom serve on many conservancy boards. That remains the status for most conservancies although both the Sierra Nevada and Delta conservancies have a narrow majority of local government representatives. Although not a conservancy, the Wildlife Conservation Board (WCB) fulfills a statewide land acquisition function that has proven useful in areas not served by a conservancy. In areas served by a conservancy, the WCB has been a very useful partner in funding various projects and leveraging other dollars as well. Also, both the San Francisco Bay region and the Santa Ana River are distinct statutory programs within the State Coastal Conservancy. Through that structure, those regions are covered by the conservancy, are eligible for specific line-item appropriations in the budget or bond measures, and have achieved some cost-savings with smaller administrative or additional personnel costs than would normally occur with an entirely new organization. PROPOSED LAW This bill would create the Inner Coast Range Conservancy that would include all or portions of the Counties of Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity, and Yolo. The bill contains numerous findings regarding the ecological value of the area and the importance of undertaking conservation projects that complement the region's economic well-being. The bill establishes a fund for the conservancy to receive budget or bond funding that would be subject to appropriation by the Legislature. The region is divided into 4 subregions. The east subregion includes the Counties of Colusa, Glenn, and Tehama. The west subregion includes the Counties of Humboldt, Mendocino, and SB 1396 (Wolk) Page 3 of ? Trinity. The south subregion includes the Counties of Lake, Napa, Solano, and Yolo. The north subregion includes the Counties of Del Norte, Shasta, and Siskyou. Tribal organizations are defined as federally recognized tribes. The conservancy would be authorized to work in collaboration with local governments and the public on numerous activities including: tourism, recreation, conservation, preservation of working landscapes, avoidance of risk from wildfires, enhance public use and enjoyment of lands owned by the public, and advance, in a complementary manner, environmental preservation and the economic well-being of the region's residents. An 11 member board would be created consisting of the Secretary of Natural Resources (or designee), the Director of Finance (or designee), three public members appointed by the Governor, one public member appointed by the Speaker of the Assembly, and one public member appointed by the Senate Rules Committee. Additionally, one member for each of the four subregions who shall be a member of the board of supervisors and whose supervisorial district is at least partially contained within the boundaries of the conservancy would be selected as well as an optional alternate. The supervisorial members would be selected within 60 days after the conservancy legislation become effective There are provisions to fill vacancies. If no appointment is made, the Governor is directed to appoint a supervisors to serve as the board member for the subregion. Two nonvoting federal liaison advisers would be asked to serve; one would be from the Forest Service and the other from the Bureau of Land Management. As proposed, legislative members would serve at the pleasure of their appointing authority. Local government representatives from the west and north subregions would serve 2 year terms. Local government representatives from the east and south subregions would also serve 2 year terms but their initial term would be one year. The bill provides for per diem payments of $100 per day. SB 1396 (Wolk) Page 4 of ? The voting members of the board would elect a chair and any other officers annually. A quorum would consist of 6 members. The board is authorized to adopt rules, regulations, and procedures for the conduct of its meetings. It may establish advisory board or committees, hold community meetings, and engage in public outreach. The board is authorized to establish a headquarters, rent or own real and personal property pursuant to applicable statutes and regulations. The board would appoint an executive officer who would be exempt from civil service as well as other staff as necessary. The board may enter into contracts with private entities and public agencies for consulting and other services. Its expenses for support and administration may be paid from the conservancy's operating budget and any other funding sources available to it. Board meetings would be subject to the Bagley-Keene Open Meeting Act, and its regular meetings would be within, or near, the region. Agendas would be required to be posted on the internet. Projects of the conservancy would be limited to the region of the conservancy and over time, the conservancy would attempt to ensure that they are spread equitably across the subregions. The conservancy is charged with cooperating and consulting with local governments where a grant is proposed to be expended or an interest in real property is proposed to be acquired. It is also directed to consult with public water systems. The conservancy would adopt guidelines that establish priorities throughout the region which would be based upon its own assessment as well as various planning documents prepared by federal, state, and local governments including general plans, urban water management plans, ground water management plans, and groundwater sustainability plans. The guidelines would be SB 1396 (Wolk) Page 5 of ? dependent on meetings and workshops in each of the subregions and would be updated at least every five years. The conservancy would not be authorized to regulate any land use except to the extent of its ownership interest in land or pursuant to an agreement from the owner of an interest in the land. It would also not have any power over water rights held by others. The conservancy would be authorized to make grants or loans to public agencies, nonprofits, and tribal organizations including grants and loans provided to acquire an interest in property, including fee title. The conservancy would be required to ensure that the third party is capable of meeting all the specified conditions for these transactions, including that the purchase price not exceed fair market value. The conservancy would be able to award grants and loans to facilitate collaborative planning efforts and to develop projects and programs that facilitate its purposes, and may provide technical and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations. The conservancy itself may obtain an interest in property (such as a conservation easement) from willing sellers, but shall not acquire a fee interest in real property by purchase. The conservancy is required to provide an annual report. ARGUMENTS IN SUPPORT According to the author, the Inner Coast Range of Northern California is a globally significant region, including world-renowned geological, biological, and cultural resources, a natural monument, many publicly owned lands, and an important part of the state's economy providing substantial agricultural products, timber, water, fisheries, and ranching, tourism, and recreation. As sponsor, Tuleyome, a regional nonprofit, and the Lake County Land Trust and the East Lake Resource Conservation District, are both in support because they believe that a new conservancy would support collaborative efforts to protect, conserve, and restore the region's physical, cultural, archeological, historical, and biological resources while preserving working SB 1396 (Wolk) Page 6 of ? landscapes. Lake County Board of Supervisors passed a resolution of support of the new conservancy. ARGUMENTS IN OPPOSITION None received. COMMENTS This bill is a work in progress, and as such, staff is not recommending any amendments at this juncture. Staff is open to assisting the author with any future requests regarding this bill. It is clear that the region has unmet needs for conservation across the entire range of activities that conservancies typically undertake. Those needs could be met by a new conservancy as well as through other means. In its current form, the bill models the new conservancy after the Sierra Nevada Conservancy, which is unique in that it does not directly hold fee title to land but instead awards grants to others who may hold fee title under fairly restrictive conditions that are acceptable to local governments in that region. In addition, unlike other conservancies, the Sierra Nevada Conservancy (and the Delta Conservancy) have a narrow, one-vote edge in local government representation compared to the other conservancies that have a majority of appointed officials or public members appointed by the Governor. For the benefit of the author and the committee members, it seems likely that future topics of discussion may involve any of the following: 1. If, in the Appropriations process or in conversations with the administration or Assembly policy committees, a new conservancy is considered prohibitively expensive or is not viewed favorably for other reasons, the author may want to explore creating a program within an existing conservancy such as the Coastal Conservancy or possibly the Sierra Nevada Conservancy. 2. There are pluses and minuses to an affiliation with each conservancy. The Sierra Nevada Conservancy includes some of the Cascades as would the Inner Coast Conservancy so there is some geographic proximity as well as a perception of SB 1396 (Wolk) Page 7 of ? some political similarities among rural mountain counties. On the other hand, the Coastal Conservancy touches on even more of the territory of the proposed new conservancy, has undertaken some projects within the proposed new jurisdiction, and has an established record of incorporating specialized programs within its ongoing work. The two examples are the San Francisco Bay program and the Santa Ana River program. Both conservancies have impressive records of collaboration with local governments and the public generally. There is significant local input in both instances through an advisory committee which should also be considered for the Inner Coast Range program if that turns out to be the chosen option. 3. The author may also want to explore sharing administrative costs with another conservancy which is now done on a limited basis by a couple of conservancies with admittedly mixed reviews. However, it is a way to reduce direct costs of a new entity if that becomes a point of concern. 4. A third option, a sort of hybrid, could create a new program within an existing conservancy with a defined term of years, after which the program would be evaluated by the Legislature with an understanding that the program could become a new conservancy after the initial trial period. One advantage to this approach would be to create a window of several years for the region's land trusts to become more expert in their skills and to expand their capacity under the umbrella of an established conservancy. Currently, with limited exceptions, according to land trust experts in California, the region's land trusts are relatively under-budgeted and understaffed, and some have questioned the capacity and experience to become full-fledged partners with a new conservancy right out of the gate. The concern is less about conservation easements as it is about fee title. This new conservancy, modeled as it is after the Sierra Nevada Conservancy, would not own fee title directly but could arrange for public agencies, nonprofits, and tribes to hold title. The proper management of lands, whether in fee or lesser interests, is the ultimate key to the success of the conservancy and its partners. SB 1396 (Wolk) Page 8 of ? 5. Staff is aware that some are interested in creating even more subregions to achieve more local government representation on the new conservancy board. If that is agreeable to the administration that is one thing. That said, two new subregions, for example, would add a margin of 3 local government members over those appointed by the Governor and would be a first for a California conservancy. 6. Assuming the bill moves forward, staff would like to work with the author on a series of amendments that would include state as well as federally-recognized tribes, and impose 4-year terms on the legislative members (to avoid litigation regarding pleasure appointments of the legislature to executive branch agencies). There are also some references to planning documents in Chapter 3 that are somewhat clunky, and the "Goal Areas" of the conservancy should be in a separate chapter which was probably the original intent. The requirement for the conservancy to consult with public water agencies is of unknown pedigree. There may well be some other technical amendments which is no surprise for a bill of this scope at its first hearing. SUPPORT East Lake Resource Conservation District Tuleyome County of Lake Lake County Land Trust OPPOSITION None Received -- END --