SB 1089: Wildlife Conservation Board.
- Session Year: 2015-2016
- House: Senate
- Latest Version Date: 2016-09-22
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife-related purposes.
This bill would expand the composition of the board to include 4 public members to serve terms of 4 years each and would require one public member to be appointed by the Speaker of the Assembly, one public member to be appointed by the Senate Committee on Rules, and 2 public members to be appointed by the Governor. This bill would require the public members appointed to the board to have demonstrated interest and expertise in land acquisition for conservation purposes.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife-related purposes.
This bill would expand the composition of the board to include 4 public members to serve terms of 4 years each and would require one public member to be appointed by the Speaker of the Assembly, one public member to be appointed by the Senate Committee on Rules, and 2 public members to be appointed by the Governor. This bill would require the public members appointed to the board to have demonstrated interest and expertise in land acquisition for conservation purposes.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife-related purposes.
This bill would expand the composition of the board to include 2 4 public members to serve terms of 4 years each and would require one public member to be appointed by the Speaker of the Assembly and Assembly, one public member to be appointed by the Senate Committee on Rules. Rules, and 2 public members to be appointed by the Governor. This bill would require the public members appointed to the board to have demonstrated interest and expertise in land acquisition for conservation purposes.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife-related purposes.
This bill would expand the composition of the board to include 2 public members to serve terms of 4 years each and would require one public member to be appointed by the Speaker of the Assembly and one public member to be appointed by the Senate Committee on Rules. This bill would require the public members appointed to the board to have demonstrated interest and expertise in land acquisition for conservation purposes.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife-related purposes.
This bill would expand the composition of the board to include 2 public members to serve terms of 4 years each and would require one public member to be appointed by the Speaker of the Assembly and one public member to be appointed by the Senate Committee on Rules. The bill would also authorize the Director of Finance to appoint a designee to serve on the board to represent the Director of Finance.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife related wildlife-related purposes.
This bill would expand the composition of the board to include two 2 public members appointed by an unspecified entity to serve terms of four 4 years each. each and would require one public member to be appointed by the Speaker of the Assembly and one public member to be appointed by the Senate Committee on Rules. The bill would also authorize the Director of Finance to appoint a designee to serve on the board to represent the Director of Finance.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife related purposes.
This bill would expand the composition of the board to include two public members appointed by an unspecified entity to serve terms of four years each. The bill would also authorize the Director of Finance to appoint a designee to serve on the board to represent the Director of Finance.
The Wildlife Conservation Law of 1947 establishes the Wildlife Conservation Board in the Department of Fish and Wildlife. Under existing law, the board consists of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance. Existing law requires the board to investigate, study, and determine the areas in the state that are most suitable for certain wildlife related purposes.
This bill would authorize the Director of Finance to appoint a designee to serve on the board to represent the Director of Finance.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and four public members appointed pursuant to subdivision (b).
(b)(1)The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(2)Each public member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:
(A)Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(B)Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.
(C)Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and four public members appointed pursuant to subdivision (b).
(b)(1)The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(2)Each public member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:
(A)Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(B)Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.
(C)Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and two four public members appointed pursuant to subdivision (b).
(b)(1)The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board. board and the Governor shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(2)Both Each public members member shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:
(A)Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(B)Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.
(C)Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and two public members appointed pursuant to subdivision (b).
(b)(1)The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(2)Both public members shall have demonstrated interest and expertise in land acquisition for conservation purposes, including, but not limited to, any of the following:
(A)Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.
(B)Experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management.
(C)Experience as a professional with expertise in one or more functions of the board, including conservation easements or other interests in real estate designed to further the mission of the board.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and two public members appointed pursuant to subdivision (c). (b).
(b)The Director of Finance may appoint a designee to serve on the board to represent the Director of Finance.
(c)
(b)The Speaker of the Assembly and the Senate Committee on Rules shall each appoint a public member to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, the Director of Finance, and two public members appointed pursuant to subdivision (c).
(b)The Director of Finance may appoint a designee to serve on the board to represent the Director of Finance.
(c)____ The Speaker of the Assembly and the Senate Committee on Rules shall each appoint two a public members member to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, the appointing authority shall appoint a person to fill the vacancy for a term of four years.
(a)There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, and the Director of Finance. The Finance, and two public members appointed pursuant to subdivision (c).
(b)The Director of Finance may appoint a designee to serve on the board to represent the Director of Finance.
(c)____ shall appoint two public members to serve on the board. The public members shall each serve a term of four years. If a vacancy occurs during the term of a public member, shall appoint a person to fill the vacancy for a term of four years.
There is in the department the Wildlife Conservation Board, hereafter referred to as the board. The board consists of the president of the commission, the director, and the Director of Finance. The Director of Finance may appoint a designee to serve on the board to represent the Director of Finance.
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Date
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Status
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|---|---|
| May 11, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on W., P., & W. |
| Aug 30, 2016 | Enrolled and presented to the Governor at 1:30 p.m. |
| Aug 24, 2016 | Assembly amendments concurred in. (Ayes 27. Noes 12.) Ordered to engrossing and enrolling. |
| Aug 19, 2016 | In Senate. Concurrence in Assembly amendments pending. |
| Aug 18, 2016 | Read third time. Passed. (Ayes 53. Noes 23. Page 5924.) Ordered to the Senate. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 4, 2016 | Read third time and amended. (Ayes 49. Noes 25. Page 5716.) |
| Aug 4, 2016 | Read third time and amended. |
| Aug 4, 2016 | Ordered to third reading. |
| Aug 3, 2016 | Read second time. Ordered to third reading. |
| Aug 2, 2016 | Read second time and amended. Ordered to second reading. |
| Aug 1, 2016 | From committee: Do pass as amended. (Ayes 12. Noes 6.) (June 29). |
| Jun 15, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 14, 2016 | From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 4.) (June 14). |
| Feb 17, 2016 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
| May 5, 2016 | Referred to Com. on W., P., & W. |
| Apr 14, 2016 | Read third time. Passed. (Ayes 33. Noes 0.) Ordered to the Assembly. |
| Apr 14, 2016 | Read third time. Passed. (Ayes 33. Noes 0. Page 3535.) Ordered to the Assembly. |
| Apr 14, 2016 | In Assembly. Read first time. Held at Desk. |
| Apr 12, 2016 | Read second time. Ordered to third reading. |
| Apr 11, 2016 | From committee: Be ordered to second reading pursuant to Senate Rule 28.8. |
| Apr 1, 2016 | Set for hearing April 11. |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (March 29). Re-referred to Com. on APPR. |
| Mar 29, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 3312.) (March 29). Re-referred to Com. on APPR. |
| Mar 28, 2016 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W. |
| Mar 10, 2016 | Set for hearing March 29. |
| Feb 25, 2016 | Referred to Com. on N.R. & W. |
| Feb 18, 2016 | From printer. May be acted upon on or after March 19. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 24, 2016 | Unfinished Business SB1089 Pavley Concurrence | Senate Floor |
Passed |
|
| Aug 18, 2016 | SB 1089 Pavley Senate Third Reading By GARCIA, E. | Assembly Floor |
Passed |
|
| Aug 4, 2016 | SB 1089 Pavley Senate Third Reading By GARCIA, E. Amend By GARCIA, E. Set #1 | Assembly Floor |
Passed |
|
| Jun 29, 2016 | Do pass as amended. | Assembly Standing Committee on Appropriations |
Passed |
|
| Jun 14, 2016 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
|
| Apr 14, 2016 | Senate 3rd Reading SB1089 Pavley | Senate Floor |
Passed |
|
| Mar 29, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Natural Resources and Water |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
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Organization
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Position
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Date
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|---|---|---|
| Department Of Finance | ** Against | Apr 14, 2016 |
| Pacific Forest Trust | ** Support | Jun 14, 2016 |
| Trust For Public Land, The | ** Support | Aug 24, 2016 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
UNFINISHED BUSINESS
Bill No: SB 1089
:
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 3/29/16
AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 33-0, 4/14/16
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, Cannella, De León, Fuller, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, Mendoza, Mitchell, Monning, Morrell, Nguyen, Pan, Pavley, Roth, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Gaines, Huff, McGuire, Moorlach, Nielsen, Runner, Stone
ASSEMBLY FLOOR: 53-23, 8/18/16 - See last page for vote
DIGEST: This bill adds public members to the Wildlife Conservation Board (Board).
Assembly Amendments added two public members to be appointed by the Governor who would have the same qualifications as the public members appointed by the Legislature.
ANALYSIS: Existing law creates the Board with three members who sit by reason of their appointment by the Governor to the Fish and Game Commission, the Department of Fish and Wildlife, and the Director of Finance.
This bill:
- Adds four public members, two of whom would be appointed by the Governor, one of whom would be appointed by the Speaker, and one of whom would be appointed by Senate Rules.
- Requires the four public members to have demonstrated interest and expertise in land acquisition for conservation purposes, including but not limited to experience with activities that benefit disadvantaged communities, experience with a land conservation nonprofit organization, a public agency focused on land conservation, or public land management, or experience as a professional with one or more functions of the board including conservation easements or other interests in real estate designed to further the mission of the board.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to Assembly Appropriations, minor increase in travel costs for public members.
Trust for Public Land
OPPOSITION: (Verified 8/19/16)
Department of Finance
ARGUMENTS IN SUPPORT: According to the author who serves on the legislative advisory board of the Board there are many reasons that new public members will help improve the Board. The Board has become the state’s leading entity for acquisition of resource and habitat lands, especially in areas not covered by an existing conservancy, which is why it is important to provide more public and legislative input.
In addition to adding professional expertise, the bill will meaningfully increase public involvement, allow members to talk one-on-one without violating open meetings laws and it means that quorums will be more easily achieved.
But the major benefit is that it adds voting members—not just advisory members-- from the Legislature which should provide greater opportunities for cooperation between the Legislature and the Board.
ARGUMENTS IN OPPOSITION: The Department of Finance opposed a previous version of the bill which had not yet clarified who would make the public Board appointments.
ASSEMBLY FLOOR: 53-23, 8/18/16
AYES: Achadjian, Alejo, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brown, Burke, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Hadley, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon
NOES: Travis Allen, Bigelow, Brough, Chang, Chávez, Dahle, Beth Gaines, Gallagher, Gray, Grove, Harper, Jones, Lackey, Linder, Mathis, Mayes, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
NO VOTE RECORDED: Calderon, Roger Hernández, Kim, Melendez
8/19/16 19:54:02
**** END ****
SENATE THIRD READING
STR Bill Id:SB 1089
Author:(Pavley)
As Amended Ver:August 4, 2016
Majority vote
SENATE VOTE: 33-0
Committee | Votes | Ayes | Noes |
Water | 10-4 | Levine, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gomez, Lopez, Medina, Salas, Williams | Gallagher, Bigelow, Harper, Olsen |
Appropriations | 12-6 | Gonzalez, Bloom, Bonta, Calderon, Daly, Eggman, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Adds four public members, one appointed by the Assembly Speaker, one by the Senate Rules Committee, and two by the Governor, to the Wildlife Conservation Board (WCB). Specifically, this bill:
- Expands the composition of the WCB to include four public members, one appointed by the Speaker of the Assembly, one by the Senate Rules Committee, and two by the Governor. The public members would be voting members and would serve 4 year terms.
- Requires that each public member have demonstrated interest and expertise in land acquisition for conservation purposes including but not limited to activities that benefit disadvantaged communities, experience with a land conservation organization, a public agency focused on land conservation or public land management, or as a professional with expertise in one or more functions of the WCB including conservation easements or other real estate interests designed to further WCB's mission.
EXISTING LAW:
- Establishes the WCB, which consists of a three member board including the Director of the Department of Fish and Wildlife (DFW), the President of the State Fish and Game Commission, and the Director of Finance. Provides that the members of the WCB shall receive actual and necessary travel expenses.
- Provides that three members of the Senate, appointed by the Senate Rules Committee, and three members of the Assembly, appointed by the Assembly Speaker, shall serve as advisors and participate in WCB meetings.
- Authorizes the WCB to determine areas within the state that are most essential and suitable for wildlife production and preservation, and for fishing and hunting, and to authorize acquisition of properties and property interests for these purposes.
- Authorizes the Director of Finance to designate any deputy of his or her office to act in his or her place and stead on any state board or commission.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor increased annual travel costs of approximately $4,000 (Wildlife Restoration Fund) for the additional two members.
COMMENTS: This bill expands the membership of the WCB from three to seven members, by adding four public members, with one each to be appointed by the Senate and Assembly, and two by the Governor. The Governor would continue to have a majority of the appointments to the WCB. The author notes that the WCB is an important, if not particularly well known, state agency that plays a key role in funding conservation efforts across the state. The WCB has become the leading state entity for acquisition of resource and habitat lands, especially in areas not covered by a conservancy. The author notes that the WCB has a strong track record of working with landowners, land trusts, local governments, conservation groups, and state conservancies, and that the legislative advisory members to the WCB have served a constructive role.
To increase the visibility of the WCB, and to add public expertise to its work, this bill proposes to add four public members to the WCB. The existing three members of the WCB are all members who serve through their appointment by the Governor to their positions. This bill would add new perspectives to the work of the WCB from individuals who are not members of the Administration, though two of the public members would still be appointed by the Governor.
The WCB's three main functions are land acquisition, habitat restoration, and development of wildlife oriented public access facilities, which are carried out through its programs. Much of the WCB's funding has come from general obligation bond acts approved by the voters, the Habitat Conservation Fund authorized by Proposition 117 in 1990, and other state and federal funds.
The WCB was created in 1947 to administer a capital outlay program for wildlife conservation and related public recreation. Originally created within the California Department of Natural Resources, and later placed with DFW, the WCB is a separate and independent Board with authority and funding to carry out an acquisition and development program for wildlife conservation. The primary responsibilities of the WCB are to select, authorize and allocate funds for the purchase of land and waters suitable for recreational purposes and the preservation, protection and restoration of wildlife habitat. The WCB approves and funds projects that set aside lands for such purposes, through acquisition or other means, to meet these objectives. The WCB can also authorize the construction of facilities for recreational purposes on property in which it has a proprietary interest.
A number of other state environmental boards and commissions include public members. For example, the Ocean Protection Council consists of the Secretary of Natural Resources, the Secretary for Environmental Protection, the chair of the State Lands Commission, and two public members appointed by the Governor. The State Coastal Commission and the State Coastal Conservancy also both have public members. The Coastal Commission consists of 12 members, six of which are public members. The Coastal Conservancy consists of seven members, including the Secretary of Natural Resources, the Director of the Department of Finance, the Chair of the Coastal Commission, and four public members.
The Air Resources Board consists of 14 members, 12 of which are appointed by the Governor, including two public members. Two additional members are appointed by the Legislature, one by the Senate Committee on Rules and one by the Speaker of the Assembly. The legislative appointments are required to be persons who work directly with communities in the state that are most significantly burdened by and vulnerable to high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations.
The public members added to the WCB by this bill would serve without compensation, but would receive reimbursement for actual and necessary travel expenses, which is provided to all WCB members under existing law.
Supporters of this bill note that adding public members to the WCB would broaden the representation and perspectives on the Board, and create additional ambassadors to represent the important work of the WCB to the general public, which is largely unaware of this important body.
There is no known opposition to this bill as amended.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0003797
SENATE THIRD READING
STR Bill Id:SB 1089
Author:(Pavley)
As Amended Ver:August 2, 2016
Majority vote
SENATE VOTE: 33-0
Committee | Votes | Ayes | Noes |
Water | 10-4 | Levine, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gomez, Lopez, Medina, Salas, Williams | Gallagher, Bigelow, Harper, Olsen |
Appropriations | 12-6 | Gonzalez, Bloom, Bonta, Calderon, Daly, Eggman, Roger Hernández, Holden, Quirk, Santiago, Weber, Wood | Bigelow, Chang, Gallagher, Jones, Obernolte, Wagner |
SUMMARY: Adds two public members, appointed by the Legislature, to the Wildlife Conservation Board (WCB). Specifically, this bill:
- Expands the composition of the WCB to include two public members, one appointed by the Speaker of the Assembly, and one by the Senate Rules Committee. The public members would be voting members and would serve four year terms.
- Requires that both public members have demonstrated interest and expertise in land acquisition for conservation purposes including but not limited to activities that benefit disadvantaged communities, experience with a land conservation organization, a public agency focused on land conservation or public land management, or as a professional with expertise in one or more functions of the WCB including conservation easements or other real estate interests designed to further WCB's mission.
EXISTING LAW:
- Establishes the WCB, which consists of a three member board including the Director of the Department of Fish and Wildlife (DFW), the President of the State Fish and Game Commission, and the Director of Finance. Provides that the members of the WCB shall receive actual and necessary travel expenses.
- Provides that three members of the Senate, appointed by the Senate Rules Committee, and three members of the Assembly, appointed by the Assembly Speaker, shall serve as advisors and participate in WCB meetings.
- Authorizes the WCB to determine areas within the state that are most essential and suitable for wildlife production and preservation, and for fishing and hunting, and to authorize acquisition of properties and property interests for these purposes.
- Authorizes the Director of Finance to designate any deputy of his or her office to act in his or her place and stead on any state board or commission.
FISCAL EFFECT: According to the Assembly Appropriations Committee, minor increased annual travel costs of approximately $4,000 (Wildlife Restoration Fund) for the additional two members.
COMMENTS: This bill expands the membership of the WCB from three to five members, by adding two public members appointed by the Senate and Assembly. The author notes that the WCB is an important, if not particularly well known, state agency that plays a key role in funding conservation efforts across the state. The WCB has become the leading state entity for acquisition of resource and habitat lands, especially in areas not covered by a conservancy. The author notes that the WCB has a strong track record of working with landowners, land trusts, local governments, conservation groups, and state conservancies, and that the legislative advisory members to the WCB have served a constructive role.
To increase the visibility of the WCB, and to add public expertise to its work, this bill proposes to add two public members to the WCB. The existing three members of the WCB are all members who serve through their appointment by the Governor to their positions. This bill would add new perspectives to the work of the WCB from individuals who are not members of the Administration.
The WCB's three main functions are land acquisition, habitat restoration, and development of wildlife oriented public access facilities, which are carried out through its programs. Much of the WCB's funding has come from general obligation bond acts approved by the voters, the Habitat Conservation Fund authorized by Proposition 117 in 1990, and other state and federal funds.
The WCB was created in 1947 to administer a capital outlay program for wildlife conservation and related public recreation. Originally created within the California Department of Natural Resources, and later placed with DFW, the WCB is a separate and independent Board with authority and funding to carry out an acquisition and development program for wildlife conservation. The primary responsibilities of the WCB are to select, authorize and allocate funds for the purchase of land and waters suitable for recreational purposes and the preservation, protection and restoration of wildlife habitat. The WCB approves and funds projects that set aside lands for such purposes, through acquisition or other means, to meet these objectives. The WCB can also authorize the construction of facilities for recreational purposes on property in which it has a proprietary interest.
A number of other state environmental boards and commissions include public members. For example, the Ocean Protection Council consists of the Secretary of Natural Resources, the Secretary for Environmental Protection, the chair of the State Lands Commission, and two public members appointed by the Governor. The State Coastal Commission and the State Coastal Conservancy also both have public members. The Coastal Commission consists of 12 members, six of which are public members. The Coastal Conservancy consists of seven members, including the Secretary of Natural Resources, the Director of the Department of Finance, the Chair of the Coastal Commission, and four public members.
The Air Resources Board consists of 14 members, 12 of which are appointed by the Governor, including two public members. Two additional members are appointed by the Legislature, one by the Senate Committee on Rules and one by the Speaker of the Assembly. The legislative appointments are required to be persons who work directly with communities in the state that are most significantly burdened by and vulnerable to high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations.
The public members added to the WCB by this bill would serve without compensation, but would receive reimbursement for actual and necessary travel expenses, which is provided to all WCB members under existing law.
Supporters of this bill note that adding two public members to the WCB would broaden the representation and perspectives on the Board, and create additional ambassadors to represent the important work of the WCB to the general public, which is largely unaware of this important body.
There is no known opposition to this bill as amended.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0003586
Date of Hearing: June 29, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
SBPCA Bill Id:SB 1089
Author:(Pavley) – As Amended Ver:June 15, 2016
Policy Committee: | Water, Parks and Wildlife | Vote: | 10 - 4 |
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill expands the composition of the Wildlife Conservation Board (WCB) to include two public members, one appointed by the Speaker of the Assembly and one by the Senate Rules Committee.
FISCAL EFFECT:
Minor increased annual travel costs of approximately $4,000 (Wildlife Restoration Fund) for the additional two members.
COMMENTS:
- Purpose. According to the author, the WCB has become the leading state entity for acquisition of resource and habitat lands, especially in areas not covered by a conservancy. The existing three members of the WCB are all members who serve through their appointment by the Governor to their positions. According to the author, this bill will add important perspectives to the work of the WCB from individuals who are not members of the Administration.
- Background. The WCB was created in 1947 to administer a capital outlay program for wildlife conservation and related public recreation. WCB is a separate and independent board with authority and funding to carry out an acquisition and development program for wildlife conservation. WCB consists of the President of the Fish and Game Commission, the Director of the California Department of Fish and Wildlife and the Director of the Department of Finance. A Legislative Advisory Committee consisting of three members of the Senate and three members of the Assembly meets regularly with the WCB and provides oversight.
WCB's three main functions are land acquisition, habitat restoration and development of wildlife oriented public access facilities.
- Criteria for Public Members. The current version of the bill does not provide any criteria to guide the appointment of the public members. Because the work of WCB is so specific, the author may wish to consider the following amendment:
"Both public members shall have demonstrated interest and expertise in land acquisition for conservation purposes including but not limited to activities that benefit disadvantaged communities identified pursuant to the provisions of Health and Safety Code Section 39711, experience with a land conservation nonprofit organization, a public agency focused on land conservation or public land management, or as a professional with expertise in one or more functions of the board including conservation easements or other interests in real estate designed to further the mission of the board."
Additionally, the author may wish to consider clarifying that public members are not compensated, with the exception of reimbursement for actual and necessary travel expenses.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: June 14, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SBPCA Bill Id:SB 1089
Author:(Pavley) – As Amended Ver:May 11, 2016
SENATE VOTE: 33-0
SUBJECT: Wildlife Conservation Board
SUMMARY: Adds two public members, appointed by the Legislature, to the Wildlife Conservation Board (WCB), and clarifies existing law that allows the Director of Finance to appoint a designee. Specifically, this bill:
- Expands the composition of the WCB to include two public members, one appointed by the Speaker of the Assembly, and one by the Senate Rules Committee. The public members would be voting members and would serve 4 year terms.
- Specifically authorizes the Director of Finance to appoint a designee to serve on the WCB to represent the Director of Finance.
EXISTING LAW:
- Establishes the WCB, which consists of a three member board including the Director of the Department of Fish and Wildlife (DFW), the President of the State Fish and Game Commission, and the Director of Finance. Provides that the members of the WCB shall receive actual and necessary travel expenses.
- Provides that three members of the Senate, appointed by the Senate Rules Committee, and three members of the Assembly, appointed by the Assembly Speaker, shall serve as advisors and participate in WCB meetings.
- Authorizes the WCB to determine areas within the state that are most essential and suitable for wildlife production and preservation, and for fishing and hunting, and to authorize acquisition of properties and property interests for these purposes.
- Authorizes the Director of Finance to designate any deputy of his or her office to act in his or her place and stead on any state board or commission.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible if any state costs.
COMMENTS: This bill expands the membership of the WCB from three to five members, by adding two public members appointed by the Senate and Assembly.
- Author's Statement: The author notes that the WCB is an important, if not particularly well known, state agency that plays a key role in funding conservation efforts across the state. The WCB has become the leading state entity for acquisition of resource and habitat lands, especially in areas not covered by a conservancy. The WCB has a strong track record of working with landowners, land trusts, local governments, conservation groups, and state conservancies, and the legislative advisory members to the WCB have served a constructive role. However, to increase the visibility of the WCB, and to add public expertise to its work, this bill proposes to add two public members to the WCB. The existing three members of the WCB are all members who serve through their appointment by the Governor to their positions. This bill would add important perspectives to the work of the WCB from individuals who are not members of the Administration.
- Background: The WCB's three main functions are land acquisition, habitat restoration, and development of wildlife oriented public access facilities, which are carried out through its programs. Much of the WCB's funding has come from general obligation bond acts approved by the voters, the Habitat Conservation Fund authorized by Proposition 117 in 1990, and other state and federal funds.
The WCB was created in 1947 to administer a capital outlay program for wildlife conservation and related public recreation. Originally created within the California Department of Natural Resources, and later placed with DFW, the WCB is a separate and independent Board with authority and funding to carry out an acquisition and development program for wildlife conservation.
The primary responsibilities of the WCB are to select, authorize and allocate funds for the purchase of land and waters suitable for recreational purposes and the preservation, protection and restoration of wildlife habitat. The WCB approves and funds projects that set aside lands for such purposes, through acquisition or other means, to meet these objectives. The WCB can also authorize the construction of facilities for recreational purposes on property in which it has a proprietary interest.
A number of other state environmental boards and commissions include public members. For example, the Ocean Protection Council consists of the Secretary of Natural Resources, the Secretary for Environmental Protection, the chair of the State Lands Commission, and two public members appointed by the Governor.
The State Coastal Commission and the State Coastal Conservancy both have public members. The Coastal Commission consists of 12 members, six of which are public members. The Coastal Conservancy consists of seven members, including the Secretary of Natural Resources, the Director of the Department of Finance, the Chair of the Coastal Commission, and four public members.
The Air Resources Board consists of 14 members, 12 of which are appointed by the Governor, including two public members. Two additional members are appointed by the Legislature, one by the Senate Committee on Rules and one by the Speaker of the Assembly. The legislative appointments are required to be persons who work directly with communities in the state that are most significantly burdened by and vulnerable to high levels of pollution, including communities with diverse racial and ethnic populations and communities with low-income populations.
The public members added to the WCB by this bill would serve without compensation, but would receive reimbursement for actual and necessary travel expenses, which is provided to all WCB members under existing law.
- Prior and Related Legislation: AB 1590 (Mathis) of this year proposed to add 4 members to the State Water Resources Control Board (SWRCB) to be appointed by the Legislature, including one member each to be appointed by the Speaker of the Assembly, the Assembly Minority Leader, the President pro Tempore of the Senate, and the Senate Minority Leader. AB 1590 was dropped by the author.
- Support Arguments: Adding two public members to the WCB would broaden the representation and perspectives on the Board, and create additional ambassadors to represent the important work of the WCB to the general public, which is largely unaware of this important body.
- Opposition Arguments: None received. The Department of Finance raised concerns to a prior version of this bill which they indicated was unclear as to who would appoint the public members. This bill has since been amended to clarify that point. The Department of Finance also noted that subsection (b) of this bill is unnecessary, as the Government Code already provides the Director of Finance with the authority to appoint a designee.
- Suggested Amendments: Government Code Section 7.9 gives the Director of Finance general authority to appoint a designee to represent the director and act in his or her stead on any state board or commission of which the director is a member. Subsection (b) of this bill is therefore redundant and can be deleted as follows:
On page 2, strike lines 7-8.
REGISTERED SUPPORT / OPPOSITION:
Support
Pacific Forest Trust
Trust for Public Lands
Opposition
None on file.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1089
:
SENATE NATURAL RES. & WATER COMMITTEE: 8-0, 3/29/16
AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk
NO VOTE RECORDED: Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
DIGEST: This bill adds two public members to the Wildlife Conservation Board (WCB) and allows the Director of Finance, already a member, to send a designee.
Existing law:
- Establishes, under the Wildlife Conservation Law of 1947, the WCB in the Department of Fish and Wildlife.
- Provides the WCB shall consist of the President of the Fish and Game Commission, the Director of Fish and Wildlife, and the Director of Finance.
- Requires the WCB investigate, study, and determine the areas in the state that are most suitable for certain wildlife related purposes.
This bill adds two public members to the WCB and allows the Director of Finance, already a member, to send a designee.
Comments
The provision for the Department of Finance to appoint a designee basically ratifies a practice that occurs occasionally at WCB meetings. A designee could also allow the WCB to establish a quorum at meetings where the attendance of other voting members is not anticipated.
The appointment of two public members also increases the likelihood of a quorum at WCB plus it creates an opportunity for knowledgeable public members to participate. The WCB is an entity tasked with a leadership role in the acquisition of conservation and habitat lands across the state.
The author is in discussions regarding the appointing authorities for the two public members and their qualifications.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Pacific Forest Trust
Trust for Public Land
OPPOSITION: (Verified 4/11/16)
Department of Finance
ARGUMENTS IN SUPPORT: According to the author, the WCB is a key agency for acquisition of conservation lands all across the state and adding two qualified public members will add status to the WCB as well as bring to it more points of view regarding important acquisitions.
ARGUMENTS IN OPPOSITION: The Department of Finance is opposed based on the lack of information regarding the two public members and their qualifications, which is under discussion.
4/13/16 16:54:06
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: SB 1089 Hearing Date: March 29, 2016
Author: | |||
Version: |
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Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Wildlife Conservation Board
BACKGROUND AND EXISTING LAW
Section 1320 of the Fish and Game Code establishes the Wildlife Conservation Board (WCB). It is comprised of the president of the Fish and Game Commission and the directors of the Department of Fish and Game and Finance, all gubernatorial appointments.
PROPOSED LAW
This bill would allow the director of the Department of Finance to appoint a designee. It would also provide for the appointment of two public members.
ARGUMENTS IN SUPPORT
According to the author, the provision for the Department of Finance to appoint a designee basically ratifies a practice that occurs occasionally at WCB meetings. A designee could also allow the WCB to establish a quorum at meetings where the attendance of other voting members is not anticipated.
The appointment of two public members would also increase the likelihood of a quorum at WCB plus it would create an opportunity for knowledgeable public members to participate. The WCB is an entity tasked with a leadership role in the acquisition of conservation and habitat lands across the state.
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
The author is in discussions with the administration regarding the two public members and the criteria for those appointments.
SUPPORT
Pacific Forest Trust
Trust for Public Land
OPPOSITION
None Received
-- END --
Discussed in Hearing
Senate Floor
Assembly Floor
Assembly Floor
Assembly Standing Committee on Appropriations
Assembly Standing Committee on Water, Parks, and Wildlife
Senate Floor
Senate Standing Committee on Natural Resources and Water
Bill Author
Bill Co-Author(s):