BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1334|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
VETO
Bill No: SB 1334
Author: Wolk (D)
Amended: 5/10/10
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 5-3, 4/13/10
AYES: Pavley, Kehoe, Lowenthal, Padilla, Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Simitian
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 23-12, 6/2/10
AYES: Alquist, Calderon, Cedillo, Corbett, Correa, Cox,
DeSaulnier, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Negrete McLeod, Padilla, Pavley, Price, Romero, Simitian,
Steinberg, Wolk, Wright, Yee
NOES: Aanestad, Ashburn, Cogdill, Denham, Dutton, Harman,
Hollingsworth, Huff, Runner, Strickland, Walters, Wyland
NO VOTE RECORDED: Ducheny, Oropeza, Wiggins, Vacancy,
Vacancy
ASSEMBLY FLOOR : 47-27, 8/16/10 - See last page for vote
SUBJECT : Natural community conservation plans
SOURCE : Author
DIGEST : This bill includes in the required finding under
a natural community conservation plan, that the plan has
CONTINUED
SB 1334
Page
2
been developed consistent with the planning agreement
process an additional finding of cooperation with all local
agencies that have land use permit authority over the
activities proposed to be addressed in the plan.
ANALYSIS : Chapter 10 of Division 3 (commencing with
Section 2800) of the Fish and Game Code, also known as the
Natural Community Conservation Planning Act, establishes
the guidelines for the creation of a Natural Community
Conservation Plan (NCCP) that takes a multispecies approach
at conservation that incorporates adaptive management, the
development of reserve systems, and appropriate monitoring.
A NCCP must address the needs of at least any threatened
or listed species in the plan area.
The first step in developing of a NCCP is the development
of a planning agreement between the Department of Fish and
Game (DFG) and any person or public entity, in cooperation
with a local agency that has land use permit authority.
The planning agreement shall include information such as
the geographic scope of the plan, a preliminary list of
species affected, and the preliminary conservation
objectives.
DFG must approve a NCCP for implementation if it can make a
number of findings, including that the plan: was developed
in accordance with the planning agreement, was developed
with public comment, includes adaptive management
strategies, identifies activities and restrictions on those
activities that are appropriate in reserve areas, and
contains a monitoring program. If a NCCP is approved, DFG
may permit the taking of any threatened or endangered
species whose conservation and management is provided for
in the NCCP.
Comments
Earlier NCCPs typically only encompassed one county, which
often meant that there was only one local agency with land
use authority involved. However, the BDCP as well as the
Desert Renewable Energy Conservation Plan, two of the more
recent NCCPs in development, spans multiple counties,
raising the issue of how to include multiple local
agencies. In the case of the BDCP, according to the
SB 1334
Page
3
author's office, the five Delta counties (Yolo, Sacramento,
San Joaquin, Contra Costa, and Solano) do not necessarily
want to be part of the steering committee (i.e. signatories
to the planning agreement). Furthermore, the BDCP planning
agreement was established in October 2006 and it is not the
author's office intent to reopen this agreement. However,
it is the author's office desire for the five Delta
counties to have a greater level of involvement with the
planning process given that the conservation and
restoration efforts in the BDCP need to be linked with the
terrestrial conservation and restoration efforts taking
place in each of the counties. Currently, according to the
Resources Agency, BDCP is involving the counties through
the public participation process.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/12/10)
California State Association of Counties
Delta Counties Coalition
Solano County Water Agencies
ARGUMENTS IN SUPPORT : The author's office states that,
"While current law establishes the need to involve local
land use agencies in the planning phase of NCCP
development, current law does not provide a specific check
point to ensure that cooperation has taken place. In the
case of the Bay Delta Conservation Plan, the Department of
Fish & Game and the Resources Agency have not yet made
efforts to cooperate with the local land use authorities,
as required by existing law. Yet, the BDCP has been in the
planning phase since 2007. Because the proposed BDCP
includes large-scale land use changes in the Delta, it is
imperative that the local land use agencies, in this case
the counties, be involved as early in the process as
possible. Without the participation of the local land use
entities, DFG will have no mechanism to ensure that the
conservation measures included in the proposed BDCP permit
are achievable. This bill simply provides a check point in
the NCCP process to ensure that the Department of Fish and
Game has initiated efforts to cooperate with the local
land-use entities in order to ensure the successful
SB 1334
Page
4
implementation of a proposed NCCP, such as the BDCP."
GOVERNOR'S VETO MESSAGE :
"I am returning Senate Bill 1334 without my
signature.
This bill requires the Department of Fish and Game
(Department) to make a finding that a Natural
Community Conservation Plan (NCCP) has been developed
with the cooperation of a local agency that has land
use permit authority over the activities proposed to
be addressed in the plan.
This bill is unnecessary for successful development
and implementation of an NCCP. The current NCCP
process is a voluntary process that emphasizes
conservation and stewardship of natural resources in
a way that is cooperative, avoids conflicts, and
encourages the active participation and support of
landowners and others. Because NCCPs are by their
very nature voluntary, cooperation by local agencies
cannot be compelled as this bill would do."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro,
Coto, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Furutani, Gatto, Hall, Hayashi, Hernandez, Hill,
Huber, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,
Mendoza, Monning, Nava, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Skinner, Solorio, Swanson,
Torlakson, Torres, Torrico, Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Conway, Cook, DeVore, Fletcher, Fuller, Gaines, Garrick,
Gilmore, Hagman, Harkey, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Norby, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Bass, Blakeslee, Charles Calderon,
Davis, Galgiani, Vacancy
SB 1334
Page
5
CTW:DLW:do 10/5/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****