BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1396| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1396 Author: Wolk (D), et al. Amended: 5/31/16 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE: 6-2, 4/12/16 AYES: Pavley, Allen, Hertzberg, Jackson, Monning, Wolk NOES: Stone, Vidak NO VOTE RECORDED: Hueso SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SUBJECT: Wildlife Conservation Board: Inner Coast Range Program SOURCE: Tuleyome DIGEST: This bill creates the Inner Coast Range Program, with an advisory board, within the Wildlife Conservation Board. ANALYSIS: Existing law: 1) Creates 10 state conservancies and the Wildlife Conservation Board (WCB) for purposes of acquiring, restoring, and conserving important recreational, open-space and habitat lands. They range in size from the largest conservancies (Coastal, Sierra Nevada) to the smallest SB 1396 Page 2 (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), most operate 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). 2) Creates the WCB which fulfills a statewide land acquisition function that has proven useful in areas not served by a conservancy. And in areas served by a conservancy, the WCB has been a very useful partner in funding various projects and leveraging other dollars 3) Specifies the composition of the boards of each conservancy and the WCB. The board of the WCB consists of the President of the Fish and Game Commission, the director of the Department of Fish and Wildlife, and the director of the Department of Finance. Conservancy boards generally have 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. 4) Creates programs within the State Coastal Conservancy for both the San Francisco Bay region and the Santa Ana River. 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. This bill: SB 1396 Page 3 1) Makes findings regarding the significance of the Inner Coast Range for scientific, recreational, economic, and other purposes. 2) Defines the region, and includes specific boundaries for the Inner Coast Range region. Generally, it include all or parts of Colusa, Del Norte, Glenn, Humboldt, Lake, Mendocino, Napa, Shasta, Siskiyou, Solano, Tehama, Trinity, and Yolo counties. 3) Establishes the Inner Coast Range Program (Program) within the WCB and identifies the functions of the Program which include tourism, recreation, assisting the regional economy, all of which must be done in collaboration and cooperation with local governments and other interested parties. 4) Requires the WCB to establish an advisory board of one member from each county. The qualifications of advisory board members will be established by the WCB. The WCB may also invite legislators representing the region and representatives of appropriate state and federal agencies to participate as members of the advisory board. 5) Authorizes the WCB to establish committees, hold community meetings, and allows, but does not require, the WC B to establish a headquarters office for the Program within the region. 6) Directs the WCB to ensure that Program funding and other efforts are distributed equitably across the region. 7) Requires the WCB to cooperate with and consult local governments where a grant is proposed to be expended or an interest in real property is proposed for acquisition and further requires coordination with other state agencies in cooperation with the Natural Resources Agency. SB 1396 Page 4 8) Requires the WCB, in consultation with the advisory board to adopt guidelines setting priorities and criteria for projects which is to reflect existing local government general plans as well as existing plans regarding land and resource management, water, groundwater, and other planning efforts. A strategic plan shall be developed and updated every five years. 9) Prohibits the WCB in administering the Program from regulating land use which remains a matter for local government except in situations where the Program owns an interest in land or pursuant to an agreement with the landowner. The Program is also prohibited from affecting water rights held by others. 10)Authorizes the WCB to make grants for the purposes of the Program and establishes requirements for grants, appraisals, and other terms of any such grant. Like every other state conservancy, grants may be made to public agencies, nonprofits, and tribes to acquire an interest in property, including a fee interest in that property. The WCB may also provide planning and technical assistance to applicants. 11)Prohibits the WCB from acquiring a fee interest in real property by purchase. 12)Prohibits the WCB from the exercise of the power of eminent domain. 13)Provides that acquisitions valued at more than $250,000 are subject to the Property Acquisition Law. 14)Requires biannual reporting of expenditures, land management costs, and administrative costs of the Program. 15)Prohibits the Program from supporting or deterring the planning of the Sites Reservoir project. SB 1396 Page 5 16)Authorizes the WCB to manage the lands of the Program where necessary as well as to improve or restore such lands. 17)Establishes a fund for the Program, requires all Program funds from bonds or other sources to be deposited in that fund, and provides that the fund is subject to appropriation by the Legislature. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No According to the Senate Appropriations Committee, unknown, but potentially in the low hundreds of thousands, in costs to the WCB (special fund) to develop and administer the program. These costs would be partially mitigated because the WCB would conduct some activities in this region in its normal course of business. SUPPORT: (Verified5/27/16) Tuleyome (source) County of Lake East Lake Resource Conservation District Lake County Land Trust OPPOSITION: (Verified5/27/16) California Cattlemen's Association California Farm Bureau Glenn County Rangeland Association Tehama County Cattlemen's Association One individual ARGUMENTS IN SUPPORT: According to the author, the Inner Coast Range of Northern California is a globally significant region, SB 1396 Page 6 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 landscapes. Lake County Board of Supervisors passed a resolution of support of the new conservancy. ARGUMENTS IN OPPOSITION: The California Farm Bureau appreciates the prohibition on eminent domain and ownership in fee title, but does not want grants to go to third parties who may obtain fee title from willing sellers. In that concern, the Farm Bureau is allied with the California Cattlemen's Association. Others in opposition have a policy against any net loss of private property in the state and also assert that this program would make it more difficult to conduct agricultural and ranching activities. Prepared by:William Craven / N.R. & W. / (916) 651-4116 5/31/16 22:24:23 **** END ****