BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1396 (Wolk) - Wildlife Conservation Board: Inner Coast Range
Program
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|Version: May 11, 2016 |Policy Vote: N.R. & W. 6 - 2 |
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|Urgency: No |Mandate: No |
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|Hearing Date: May 16, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1396 establishes the Inner Coast Range Program
(program) within the Wildlife Conservation Board (WCB) to
address the resource and recreational goals of the Inner Coast
Region.
Fiscal Impact:
Unknown, but potentially in the low hundreds of thousands, in
costs to the WCB (special fund) to develop and administer the
program.
Background: 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
SB 1396 (Wolk) Page 1 of
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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).
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 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 WCB, 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:
SB 1396 (Wolk) Page 2 of
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Establishes the Inner Coast Range Program within the WCB to
address the resource and recreational goals of the Inner Coast
Region.
Establishes the Inner Coast Range Conservancy Fund for the WCB
to receive budget or bond funding that would be subject to
appropriation by the Legislature.
Specifies that the covered 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 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.
The WCB 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 WCB would be selected
as well as an optional alternate.
The supervisorial members would be selected within 60 days
after the WCB 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.
SB 1396 (Wolk) Page 3 of
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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.
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 WCB'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.
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Projects of the WCB would be limited to the region of the WCB
and over time, the WCB would attempt to ensure that they are
spread equitably across the subregions.
The WCB 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 WCB 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
dependent on meetings and workshops in each of the subregions
and would be updated at least every five years.
The WCB 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 WCB 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 WCB 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 WCB 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 WCB 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 WCB is required to provide an annual report.
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Related Legislation:
SB 1390 (Correa, Chapter 562, Statutes of 2014) established the
Santa Ana River Conservancy Program within the State Coastal
Conservancy to address the resource and recreational goals of
the Santa Ana River corridor.
SB 1048 (Sher) Chapter 896, Statutes of 1997 created the San
Francisco Bay Area Conservancy Program within the Coastal
Conservancy.
Staff
Comments: Staff notes that by creating an additional program
within the WCB, this bill puts costs pressures on the WCB's
existing and future funds, which are largely from bonds.
However, this cost pressure is somewhat mitigated because some
priority projects of this program are likely to be priorities of
the WCB under their existing mission even if this program was
not created.
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