BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1303|
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UNFINISHED BUSINESS
Bill No: SB 1303
Author: Wolk (D)
Amended: 6/2/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 4/13/10
AYES: Pavley, Cogdill, Hollingsworth, Huff, Kehoe,
Lowenthal, Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 30-0, 5/10/10
AYES: Aanestad, Alquist, Calderon, Cedillo, Cogdill,
Correa, Cox, DeSaulnier, Ducheny, Florez, Hancock,
Hollingsworth, Huff, Kehoe, Leno, Lowenthal, Negrete
McLeod, Padilla, Pavley, Price, Romero, Runner, Simitian,
Steinberg, Strickland, Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Ashburn, Corbett, Denham, Dutton,
Harman, Liu, Oropeza, Wiggins
ASSEMBLY FLOOR : 71-0, 8/5/10 (Consent) - See last page for
vote
SUBJECT : Protected species: accidental take:
agricultural activities
SOURCE : Author
DIGEST : This bill extends the repeal date on the
exemption in the California Endangered Species Act for
CONTINUED
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accidental take of species resulting from otherwise lawful
routine and ongoing agricultural activities to 2014, and
encourages public education of voluntary programs for
agricultural activities that promote wildlife habitat.
Assembly Amendments further extend the repeal date
regarding accidental take of endangered species from
January 1, 2012 to January 1, 2014, authorize the
Department of Fish and Game to approve specified
applications, and require specified organizations to file
an annual report.
ANALYSIS : Existing law:
1.Exempts, until January 1, 2011, accidental take of
candidate, threatened or endangered species resulting
from acts that occur on a farm or ranch in the course of
otherwise lawful routine and ongoing agricultural
activities from the prohibitions of take under the
California Endangered Species Act (CESA).
2.Requires the Department of Fish and Game (DFG), in
cooperation with the Department of Food and Agriculture
and other entities, to adopt regulations authorizing
locally designed voluntary programs for routine and
ongoing agricultural activities on farms or ranches that
encourage habitat for species listed under the CESA and
wildlife generally. Authorizes agricultural
commissioners, farmers and others to propose such
voluntary programs to DFG.
3.Authorizes DFG to enter into a safe harbor agreement with
a landowner who voluntarily undertakes activities to
benefit wildlife and allowing incidental take of listed
species upon a finding of "net conservation benefit."
This bill:
1.Makes legislative findings and declarations regarding
CESA, voluntary habitat management and safe harbor
agreement programs, the importance of providing
incentives to private landowners for voluntary
conservation activities that promote wildlife habitat,
and the importance of efficient and timely permitting
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processes for such projects.
2.States legislative intent to authorize nonprofit
agricultural organizations to develop educational
materials and to conduct public outreach to farming
communities that will inform stakeholders of CESA,
existing voluntary habitat conservation programs,
economic incentives available to landowners, and existing
statutory protections for adjacent landowners.
3.Authorizes DFG to approve applications submitted by
nonprofit agricultural organizations and other nonprofits
for public education and outreach activities to promote
voluntary programs for routine and ongoing agricultural
activities that encourage wildlife habitat. Requires the
applications to include specified information.
4.Requires a participating organization to file an annual
report with DFG before the end of each calendar year
covered by the application that includes information on
activities conducted, all means used of communicating
with the public and agricultural community, responses
received, an assessment of existing knowledge on existing
programs and laws, and information on any farm or ranch
that has expressed an interest in participating in a
voluntary program.
5.Extends the sunset repeal date on the existing CESA
exemption for accidental take resulting from otherwise
lawful, routine and ongoing agricultural activities for
three years from 2011 to 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/5/10)
Agricultural Council of California
Alliance of Western Milk Producers
Association of California Water Agencies
California Association of Winegrape Growers
California Cattlemen's Association
California Chamber of Commerce
California Citrus Mutual
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California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Grape and Tree Fruit League
California Outdoor Heritage Alliance
California State Association of Counties
California Tomato Growers Association
Imperial Irrigation District
Kern County Water Agency
Kings River Conservation District
Kings River Water Association
Modesto Irrigation District
Nisei Farmers League
Regional Council of Rural Counties
Resource Landowner's Coalition
Solano County Water Agency
Western Agricultural Processors Association
Western Growers
ARGUMENTS IN SUPPORT : According to the author's office,
this bill is needed to avoid the sunsetting of the
accidental take provisions and to implement educational
outreach activities that promote the objectives of CESA.
Supporters note that farmers and ranchers provide habitat
for wildlife throughout the state, and that extension of
the accidental take exemption provides an incentive for
farmers not to use "scorched earth" farming practices.
They assert that continuation of the sunset further
encourages development of wildlife friendly farming
practices.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill
Berryhill, Tom Berryhill, Block, Blumenfield, Bradford,
Brownley, Buchanan, Caballero, Charles Calderon, Carter,
Chesbro, Conway, Cook, Coto, De La Torre, De Leon,
DeVore, Eng, Evans, Feuer, Fong, Fuentes, Fuller, Gaines,
Galgiani, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey,
Hayashi, Hernandez, Huber, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller,
Monning, Nava, Nestande, Niello, Nielsen, Norby,
Portantino, Ruskin, Salas, Saldana, Silva, Skinner,
Solorio, Audra Strickland, Swanson, Torlakson, Torres,
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Torrico, Tran, Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blakeslee, Davis, Fletcher, Furutani,
Hill, Lieu, V. Manuel Perez, Smyth, Vacancy
CTW:nl 8/6/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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