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
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          |Author:    |Wolk                   |           |                 |
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          |Version:   |February 19, 2016                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|William Craven                                       |
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                       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). 









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          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  








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          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. 








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          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  








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          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  








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          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  








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               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. 









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             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

          
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