BILL ANALYSIS �
SB 317
Page 1
SENATE THIRD READING
SB 317 (Rubio)
As Amended August 26, 2011
Majority vote
SENATE VOTE :30-5
WATER, PARKS & WILDLIFE 10-0 APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Huffman, Halderman, |Ayes:|Fuentes, Harkey, |
| |Blumenfield, Campos, | |Blumenfield, Bradford, |
| |Fong, Gatto, | |Charles Calderon, Campos, |
| |Roger Hern�ndez, Hueso, | |Davis, Donnelly, Gatto, |
| |Jones, Yamada | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
-----------------------------------------------------------------
SUMMARY : Allows continued Department of Fish and Game (DFG)
participation and cost-sharing in the Kings River Fisheries
Management Program (KRFMP). Specifically, this bill :
1)Permanently reinstates the Legislature's authorization of
DFG's role in the KRFMP and any future amendments to that
agreement.
2)Reauthorizes DFG to continue to contribute up to 50% of any
capital costs incurred by local partners under the program.
3)Restricts DFG funding of the KRFMP to Legislative
appropriations from monies that are not General Fund or
general obligation bond sources.
EXISTING LAW authorizes DFG to enter into contracts for fish and
wildlife habitat preservation, restoration, and enhancement with
public and private entities whenever DFG finds that the
contracts will assist in meeting the department's duty to
preserve, protect, and restore fish and wildlife.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, potential annual costs of an unknown amount, upon
appropriation, likely in the hundreds of thousands of dollars,
to fund the program's capital costs. (Various special funds.)
SB 317
Page 2
Since 2000, the department has spent approximately $100,000 a
year on such efforts.
COMMENTS :
DFG is the trustee for the state's fish and wildlife resources.
Fish and Game Code Sections 1501 and 1501.5 allow DFG to make
expenditures and enter into contracts for fish and wildlife
habitat preservation, restoration, and enhancements.
In 1954, the United States Army Corps of Engineers constructed
Pine Flat Dam on the Kings River for flood control and
irrigation water supply. The Kings River Conservation District
(KRCD) is the local agency responsible for the operation and
maintenance of Pine Flat Dam both for flood control and for
electrical power generation. The Kings River Water Association
(KRWA), which consists of 28 public and private agencies that
hold water rights on the Kings River, is responsible for
allocating the natural flow of the Kings River and the storage
space within Pine Flat Reservoir to its members.
Prior to the construction of the dam, the lower Kings River (the
river stretch below the dam) supported a year-round,
self-sustaining fishery. But no protections for these fisheries
were established until the DFG and the KRWA signed an agreement
in 1964. That agreement, however, proved insufficient as
illustrated by the public trust complaint filed with the State
Water Resources Control Board in 1991 by fishing groups who were
seeking flows, temperature compliance measures, monitoring and
other actions to protect trout and salmonids.
On May 1999, DFG, KRWA, and KRCD reached a new agreement, the
KRFMP, setting out a comprehensive framework for the management
and enhancement of the fishery, as well as protection of water
rights. The agreement was updated on June 2009. SB 1704
(Costa), Chapter 418, Statutes of 2000, codified DFG's
commitment to the framework agreement and allowed DFG to
contribute up to 50% of any capital costs incurred by local
agencies from the Fish and Game Preservation Fund. The Assembly
analysis of SB 1704 stated that the Program Framework Agreement
between the state, the KRWA, and the KRCD implements a
comprehensive fisheries management program on the Kings River in
Fresno County and that the Program is the result of a decade of
study, analysis, and negotiation between DFG, water users, local
SB 317
Page 3
agencies and interested local and statewide fishery
organizations. The SB 1704 analysis indicates that the Program
is voluntary and was initiated at the local level with all
interested parties contributing funds or in-kind work. A sunset
of January 1, 2011, was added to SB 1704 in response to
uncertainty about program costs. This sunset was not extended,
thus these provisions were repealed on January 1 of this year.
According to the author, the KRFMP is the culmination of a
successful partnership between KRWA, KRCD, DFG, and members of
the public. Decisions and technical efforts are consensus-based
and have resulted in cooperation among the parties to implement
a number of voluntary actions which will enhance the river's
habitat and environment including increased flows, temperature
management devices, spawning gravels and other physical
improvements.
This bill reauthorizes the DFG to participate in the KRFMP under
the agreement originally entered into by the state and amended
on June 26, 2009. This bill limits DFG's contributions to 50%
of any capital costs of the program and restricts funding to
Legislative appropriations from monies that are neither General
Fund nor general obligation bond sources.
This bill has no known opposition.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
FN: 0002234