BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2402|
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THIRD READING
Bill No: AB 2402
Author: Huffman (D)
Amended: 8/21/12 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 5-3, 6/26/12
AYES: Pavley, Evans, Kehoe, Simitian, Wolk
NOES: La Malfa, Cannella, Fuller
NO VOTE RECORDED: Padilla
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/16/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
ASSEMBLY FLOOR : 50-27, 5/30/12 - See last page for vote
SUBJECT : Department of Fish and Game: Fish and Game
Commission
SOURCE : Author
DIGEST : This bill makes a number of changes to the
operations of the Department of Fish and Game (DFG) and the
Fish and Game Commission (FGC).
ANALYSIS : Existing law establishes DFG and FGC and sets
forth the powers and duties of DFG and FGC.
Under existing law, the changes in the Implicit Price
Deflator for State and Local Government Purchases of Goods
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and Services is used as the index to determine an annual
rate of increase or decrease in the fees for licenses,
stamps, permits, and tags. Under existing law, DFG issues
scientific collecting permits, lifetime hunting licenses,
guide licenses, abalone report cards, kelp harvester
licenses, and marine aquaria collector's permits, and
existing law establishes base fees for those entitlements,
adjusted annually pursuant to the index.
Existing law, except as expressly provided otherwise, makes
violations of the Fish and Game Code, or of any rule,
regulation, or order made or adopted under that code, a
misdemeanor. Existing law sets prescribed fines and
penalties for specified violations.
Existing law requires, unless otherwise provided, that all
money collected under the provisions of the Fish and Game
Code and of any other law relating to the protection and
preservation of birds, mammals, fish, reptiles, or
amphibian be paid into the State Treasury to the credit of
the Fish and Game Preservation Fund.
Existing law establishes specific accounts within the Fish
and Game Preservation Fund, including, but not limited to,
the Big Game Management Account, and DFG has established
other accounts within the fund.
Existing law requires DFG to operate lands, or lands and
water, acquired for public shooting grounds, state marine
recreational management areas, or wildlife management areas
on a nonprofit basis (collectively, department-operated
lands). Existing law states that multiple recreational use
of wildlife management areas is desirable and requires the
FGC to encourage multiple recreational use. Existing law
authorizes the FGC to determine and fix the amount of, and
authorizes DFG to collect, fees for any use privileges.
Existing law establishes the Fish and Game Mitigation and
Protection Endowment Principal Account in the Special
Deposit Fund, with money in the account available upon
appropriation by the Legislature. Existing law also
establishes the Fish and Game Mitigation and Protection
Expendable Funds Account in that fund, with money in the
account continuously appropriated to DFG for specified
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purposes. DFG is authorized to deposit moneys in these
accounts for purposes that include mitigating adverse
biological impacts of a specific project, activity, spill,
or release, and protecting, conserving, restoring,
enhancing, managing, and maintaining fish, wildlife, native
plants, or their habitats. Existing law requires the
Treasurer, at DFG's request, to transfer those funds from
the Pooled Money Investment Account to another account
within the State Treasury system to increase earnings over
time while providing adequate liquidity. Existing law also
authorizes the department to retain investment advisers to
develop and maintain the investment strategy for these
accounts.
Existing law, the Uniform Prudent Management of
Institutional Funds Act (UPMIFA) governs the management and
use of endowed institutional funds held by charitable
institutions. UPMIFA, among other things, provides that a
rebuttable presumption of imprudence is created by the
appropriation for expenditure in any year of an amount
greater than 7% of the fair market value of an endowment
fund, calculated as prescribed.
Existing law establishes the Renewable Energy Resources
Development Fee Trust Fund as a continuously appropriated
fund in the State Treasury to serve, and be managed, as an
optional, voluntary method for developers or owners of
eligible projects, as defined, to deposit fees sufficient
to complete mitigation actions established by the
department and thereby meet their requirements pursuant to
CESA or the certification authority of the State Energy
Resources Conservation and Development Commission. Existing
law requires that a specified sum of money be transferred,
as a loan, from the Renewable Resource Trust Fund to the
Renewable Energy Resources Development Fee Trust Fund and
be repaid from the fund to the Renewable Resource Trust
Fund no later than December 31, 2012.
This bill:
1.Makes specified statements of policy relating to the use
of ecosystem-based management, adaptive management, and
credible science, as defined.
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2.Requires DFG and FGC seek to create, foster, and actively
participate in effective partnerships and collaborations
with other agencies and stakeholders to achieve shared
goals and to better integrate fish and wildlife resource
conservation and management with the natural resource
management responsibilities of other agencies. DFG and
FGC are encouraged to participate in interagency
coordination processes that facilitate consistency and
efficiency in review of projects requiring multiple
permits, including, but not necessarily limited to, joint
state, federal, and local permit review teams that enable
early consultation with project applicants, and provide
improved sharing of data, information, tools, and science
to achieve better alignment of planning, policies, and
regulations across agencies.
3.States the intent of the Legislature, to extend the
conservation benefits derived from investments made as
part of compensatory mitigation to public lands, and that
the department work with the Bureau of Land Management
and interested stakeholders to develop a viable solution
that will ensure durable mitigation and protection of
mitigation lands on federal lands in perpetuity.
4.Renames DFG as the Department of Fish and Wildlife, and
makes related changes. This bill prohibits existing
supplies, forms, insignias, signs, logos, uniforms, or
emblems from being destroyed or changed as a result of
changing the name of DFG, and would require their
continued use until exhausted or unserviceable.
5.Authorizes DFG to enter into agreements to accept funds,
services, or to assist DFG in its efforts to secure
long-term private funding sources for purposes relating
to conservation programs, projects, and activities by
DFG, as specified.
6.Requires DFG to, on or before January 1, 2016, prepare
and submit to the relevant policy and fiscal committees
of the Legislature a feasibility study report on an
electronic system to manage citations issued by fish and
game wardens, exchange information on citations with the
courts, and transfer data on court dispositions to the
Automated License Data System. The requirement for
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submitting a report shall become inoperative January 1,
2017.
7.Provides that moneys collected or received from gifts or
bequests, or from municipal or county appropriations, or
donations for purposes relating to conservation programs,
projects, and activities by DFG are to be deposited in
the State Treasury to the credit of the Fish and Game
Preservation Fund and used for prescribed purposes.
8.Requires the Augmented Deer Tags Account, Bighorn Sheep
Permit Account, and Wild Pig Account within the fund to
be consolidated and any remaining funds in these accounts
transferred to the Big Game Management Account. This
bill requires DFG, after consultation with the Department
of Finance and the Legislative Analyst's Office, to
provide recommendations to the Legislature for
consolidation of additional dedicated accounts within the
fund if, in the determination of DFG, consolidation would
serve to reduce administrative costs to DFG and enhance
its ability to meet current needs, while still preserving
the stated purposes of the dedicated accounts.
9.Requires, commencing January 1, 2015, the purchase of an
entry permit, as specified, for access to
department-managed lands for uses other than hunting and
fishing, except as provided. This makes the failure to
obtain a permit an infraction, as specified.
10.Authorizes DFG to invest or direct the investment of
the assets of these accounts through the purchase,
holding, or sale of any investment, financial
instrument, or financial transaction when prudent in the
informed opinion of DFG. This bill authorizes DFG to
contract with a person or entity, as specified, that has
demonstrated expertise in the management of diverse
investment portfolios.
11.Requires DFG to hold, manage, and invest all moneys in
the Fish and Game Mitigation and Protection Endowment
Principal Account and the Fish and Game Mitigation and
Protection Expendable Funds Account consistent with the
management and investment principles set forth in
UPMIFA. This bill also continuously appropriates to DFG
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moneys in the Fish and Game Mitigation and Protection
Endowment Principal Account, subject to the limitations
imposed by the presumption described above.
Background
The Department of Fish and Game is responsible for managing
the state's fish and wildlife resources. DFG licenses
hunters and anglers, enforces hunting and fishing
regulations, and manages wildlife refuges. DFG also has
enforcement authority over other environmental protection
laws, such as the Endangered Species Act.
In addition, FGC has responsibilities for adopting hunting
and fishing regulations and determining whether species
should be listed as threatened or endangered under the
Endangered Species Act.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, many of
the bill's provisions will have a fiscal impact, as
described below. Unless otherwise specified, the costs
would be paid from the Fish and Game Preservation Fund.
Renaming it the "Department of Fish and Wildlife" - DFG
is likely to incur costs to update information technology
systems to accommodate the change. The costs will likely
range from $150,000 to $300,000. While the bill directs
DFG not to change or destroy existing supplies,
information technology systems (such as Department web
sites and email systems) will likely have to be upgraded
all at once, rather than over time as system maintenance
occurs.
Establishing an independent science panel - DFG will
likely incur costs to provide staff support and pay
administrative costs. Those costs are likely to be
between $100,000 and $200,000 per year.
Adjusting licensing fees - DFG will incur costs of about
$100,000 per year to adjust fees and update regulations.
Potential fee increases in revenues are unknown, and will
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depend upon DFG's actual costs to issue licenses. There
is general consensus that DFG's programs to support
wildlife and enforce the law are underfunded. However,
any fee increases that would occur under this bill would
only be available to offset DFG's costs to issue licenses
and would not be available to more broadly support DFG's
mission.
Development of a Strategic Plan - one-time staff costs up
to $200,000.
Partnering with nonprofit organizations - the bill
authorizes DFG to partner with nonprofit organizations to
raise revenues for Department activities. The extent to
which this will increase revenues is unknown.
Creation of an environmental crimes taskforce - ongoing
costs up to $100,000 per year to provide staff support.
Disability payments to game wardens - unknown costs to
pay annual salary rather than disability payments to
injured game wardens. Under current law, most state
employees on short term disability leave receive 2/3 of
their monthly salary. This bill requires game wardens to
receive their full salary. The number of game wardens
impacted is unknown. In general, the bill will increase
disability payments by 1/3 over current law.
Delayed loan repayment - one-time cost of $10 million
from the delay in a required repayment of a loan from the
Renewable Resources Trust Fund (General Fund) to the
Renewable Energy Resources Development Fee Trust Fund.
SUPPORT : (Unable to verify at time of writing)
Audubon California
Endangered Habitats League
Ocean Conservancy
PawPac
The Nature Conservancy
OPPOSITION : (Unable to verify at time of writing)
Agricultural Council of California
California Association of Recreational Fishing
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California Bean Shippers Association
California Cattlemen's Association
California Farm Bureau Federation
California Grain and Feed Association
California Lobster and Trap Fishermen
California Pear Growers Association
California Sea Urchin Commission
California Seed Association
California Wheat Growers Association
Pacific Egg and Poultry Association
Point Conception Ground Fishermen's Association
Western Growers
ASSEMBLY FLOOR : 50-27, 5/30/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Dickinson, Eng, Feuer, Fong, Fuentes, Furutani,
Galgiani, Gatto, Gordon, Hall, Hayashi, Hill, Huber,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Pan, Perea, V. Manuel P�rez,
Portantino, Skinner, Solorio, Swanson, Torres,
Wieckowski, Williams, Yamada, John A. P�rez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Roger Hern�ndez, Jeffries, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Nestande, Nielsen, Norby,
Olsen, Silva, Smyth, Wagner
NO VOTE RECORDED: Davis, Fletcher, Valadao
CTW:RM:kn 8/21/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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