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  ****