AB 2849: Sierra Nevada Conservancy: watershed improvement: tribal organization.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-09-18
Existing law, the Laird-Leslie Sierra Nevada Conservancy Act, establishes the Sierra Nevada Conservancy to undertake various activities related to protection and conservation of the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy. The act authorizes the conservancy to make grants or loans to tribal organizations, among other entities, to carry out the purposes of the act. The act defines tribal organization for these purposes to mean an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified in the Federal Register, as provided. Existing law requires two members of the Senate and two members of the Assembly to be appointed, as provided, to meet with the conservancy and participate in its activities, as specified.
This bill would establish the Sierra Nevada Watershed Improvement Program, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, as prescribed. The bill would define tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both. The bill would require the members of the Legislature appointed to meet with conservancy to represent districts from specified geographic regions.
Existing law requires the conservancy to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, land management costs, and administrative costs.
This bill would require the conservancy to include the activities of the Sierra Nevada Watershed Improvement Program in the annual report.
Existing law, the Laird-Leslie Sierra Nevada Conservancy Act, establishes the Sierra Nevada Conservancy to undertake various activities related to protection and conservation of the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy. The act authorizes the conservancy to make grants or loans to tribal organizations, among other entities, to carry out the purposes of the act. The act defines tribal organization for these purposes to mean an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified in the Federal Register, as provided. Existing law requires two members of the Senate and two members of the Assembly to be appointed, as provided, to meet with the conservancy and participate in its activities, as specified.
This bill would establish the Sierra Nevada Watershed Improvement Program, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, as prescribed. The bill would define tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both. The bill would require the members of the Legislature appointed to meet with conservancy to represent districts from specified geographic regions.
Existing law requires the conservancy to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, land management costs, and administrative costs.
This bill would require the conservancy to include the activities of the Sierra Nevada Watershed Improvement Program in the annual report.
Existing law, the Laird-Leslie Sierra Nevada Conservancy Act, establishes the Sierra Nevada Conservancy to undertake various activities related to protection and conservation of the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy. The act authorizes the conservancy to make grants or loans to tribal organizations, among other entities, to carry out the purposes of the act. The act defines tribal organization for these purposes to mean an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified in the Federal Register, as provided. Existing law requires two members of the Senate and two members of the Assembly to be appointed, as provided, to meet with the conservancy and participate in its activities, as specified.
This bill would establish the Sierra Nevada Watershed Improvement Program, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, as prescribed. The bill would define tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both. The bill would require the members of the Legislature appointed to meet with conservancy to represent districts from specified geographic regions.
Existing law requires the conservancy to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, land management costs, and administrative costs.
This bill would require the conservancy to include the activities of the Sierra Nevada Watershed Improvement Program in the annual report.
Existing law, the Laird-Leslie Sierra Nevada Conservancy Act, establishes the Sierra Nevada Conservancy to undertake various activities related to protection and conservation of the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy. The act authorizes the conservancy to make grants or loans to tribal organizations, among other entities, to carry out the purposes of the act. The act defines tribal organization for these purposes to mean an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified in the Federal Register, as provided. Existing law requires two members of the Senate and two members of the Assembly to be appointed, as provided, to meet with the conservancy and participate in its activities, as specified.
This bill would establish the Sierra Nevada Watershed Improvement Program, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, as prescribed. The bill would define tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both. The bill would require the members of the Legislature appointed to meet with conservancy to represent districts from specified geographic regions.
Existing law, the Laird-Leslie Sierra Nevada Conservancy Act, establishes the Sierra Nevada Conservancy to undertake various activities related to protection and conservation of the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy. The act authorizes the conservancy to make grants or loans to tribal organizations, among other entities, to carry out the purposes of the act. The act defines tribal organization for these purposes to mean an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified in the Federal Register, as provided. Existing law requires two members of the Senate and two members of the Assembly to be appointed, as provided, to meet with the conservancy and participate in its activities, as specified.
This bill would establish the Sierra Nevada Watershed Improvement Program, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, as prescribed. The bill would define tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both. The bill would require the members of the Legislature appointed to meet with conservancy to represent districts from specified geographic regions.
Existing law, the Laird-Leslie Sierra Nevada Conservancy Act, establishes the Sierra Nevada Conservancy to undertake various activities related to protection and conservation of the Sierra Nevada Region, as defined, and prescribes the management, powers, and duties of the conservancy.
This bill would establish the Sierra Nevada Watershed Improvement Program, to be administered by the conservancy, to restore the health and resilience of the watersheds and communities of the region, as prescribed.
Existing law authorizes the formation of resource conservation districts for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities. Existing law authorizes a resource conservation district to, among other things, facilitate coordinated resource management efforts for watershed restoration and enhancement, but prohibits a district from conserving water for power purposes and from producing or distributing power for its own use or for the use of others.This bill would make nonsubstantive changes to the latter provision.Existing law authorizes the formation of resource conservation districts for the control of runoff, the prevention or control of soil erosion, the development and distribution of water, and the improvement of land capabilities. Existing law authorizes a resource conservation district to, among other things, facilitate coordinated resource management efforts for watershed restoration and enhancement, but prohibits a district from conserving water for power purposes and from producing or distributing power for its own use or for the use of others.
This bill would make nonsubstantive changes to the latter provision.
For the purposes of this division, the following terms have the following meanings:
(a)Board means the Governing Board of the Sierra Nevada Conservancy.
(b)Conservancy means the Sierra Nevada Conservancy.
(c)Fund means the Sierra Nevada Conservancy Fund created pursuant to Section 33355.
(d)Local public agency means a city, county, district, or joint powers authority.
(e)Nonprofit organization means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code, and whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division.
(f)Region or Sierra Nevada Region means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, described as the area bounded as follows:
On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slopes blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and the Shasta National Forest portion of Bear Mountain Road, between the Sacramento River and Shasta Lake; the Pit River Arm of Shasta Lake; the northerly boundary of the Pit River watershed; the southerly and easterly boundaries of Siskiyou County; and within Modoc County, the easterly boundary of the Klamath River watershed; and on the north by the northern boundary of the State of California; excluding both of the following:
(1)The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as region.
(2)The San Joaquin River Parkway, as described in Section 32510.
(g)Subregions means the six subregions in which the Sierra Nevada Region is located, described as follows:
(1)The north Sierra subregion, comprising the Counties of Lassen, Modoc, and Shasta.
(2)The north central Sierra subregion, comprising the Counties of Butte, Plumas, Sierra, and Tehama.
(3)The central Sierra subregion, comprising the Counties of El Dorado, Nevada, Placer, and Yuba.
(4)The south central Sierra subregion, comprising the Counties of Amador, Calaveras, Mariposa, and Tuolumne.
(5)The east Sierra subregion, comprising the Counties of Alpine, Inyo, and Mono.
(6)The south Sierra subregion, comprising the Counties of Fresno, Kern, Madera, and Tulare.
(h)Tribal organization means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following:
(1)Recognized by the United States and identified within the most current Federal Register.
(2)Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.
SEC. 2.Section 33321 of the Public Resources Code is amended to read:33321.(a)The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows:
(1)The 13 voting members of the board shall consist of all of the following:
(A)The Secretary of the Natural Resources Agency, or his or her designee.
(B)The Director of Finance, or his or her designee.
(C)Three public members appointed by the Governor, who are not elected officials, to represent statewide interests.
(D)One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests.
(E)One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests.
(F)One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure:
(i)Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion.
(ii)The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy.
(iii)If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion.
(2)The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following:
(A)One representative of the National Park Service, designated by the United States Secretary of the Interior.
(B)One representative of the United States Forest Service, designated by the United States Secretary of Agriculture.
(C)One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior.
(b)Appointing powers shall seek to include individuals from a breadth of backgrounds.
(c)Two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. One appointee from each house of the Legislature shall represent a district either partially or wholly within the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302, and one appointee from each house shall represent a district from outside the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302.
SEC. 3.Section 33345.1 is added to the Public Resources Code, to read:33345.1.(a)The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)In implementing the program, notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area.
(c)The conservancy shall include the activities of the program in its annual report required pursuant to Section 33350.
(d)This section shall not be construed as requiring the Legislature to appropriate additional funds.
For the purposes of this division, the following terms have the following meanings:
(a)Board means the Governing Board of the Sierra Nevada Conservancy.
(b)Conservancy means the Sierra Nevada Conservancy.
(c)Fund means the Sierra Nevada Conservancy Fund created pursuant to Section 33355.
(d)Local public agency means a city, county, district, or joint powers authority.
(e)Nonprofit organization means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code, and whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division.
(f)Region or Sierra Nevada Region means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, described as the area bounded as follows:
On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slopes blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and the Shasta National Forest portion of Bear Mountain Road, between the Sacramento River and Shasta Lake; the Pit River Arm of Shasta Lake; the northerly boundary of the Pit River watershed; the southerly and easterly boundaries of Siskiyou County; and within Modoc County, the easterly boundary of the Klamath River watershed; and on the north by the northern boundary of the State of California; excluding both of the following:
(1)The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as region.
(2)The San Joaquin River Parkway, as described in Section 32510.
(g)Subregions means the six subregions in which the Sierra Nevada Region is located, described as follows:
(1)The north Sierra subregion, comprising the Counties of Lassen, Modoc, and Shasta.
(2)The north central Sierra subregion, comprising the Counties of Butte, Plumas, Sierra, and Tehama.
(3)The central Sierra subregion, comprising the Counties of El Dorado, Nevada, Placer, and Yuba.
(4)The south central Sierra subregion, comprising the Counties of Amador, Calaveras, Mariposa, and Tuolumne.
(5)The east Sierra subregion, comprising the Counties of Alpine, Inyo, and Mono.
(6)The south Sierra subregion, comprising the Counties of Fresno, Kern, Madera, and Tulare.
(h)Tribal organization means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following:
(1)Recognized by the United States and identified within the most current Federal Register.
(2)Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.
SEC. 2.Section 33321 of the Public Resources Code is amended to read:33321.(a)The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows:
(1)The 13 voting members of the board shall consist of all of the following:
(A)The Secretary of the Natural Resources Agency, or his or her designee.
(B)The Director of Finance, or his or her designee.
(C)Three public members appointed by the Governor, who are not elected officials, to represent statewide interests.
(D)One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests.
(E)One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests.
(F)One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure:
(i)Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion.
(ii)The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy.
(iii)If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion.
(2)The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following:
(A)One representative of the National Park Service, designated by the United States Secretary of the Interior.
(B)One representative of the United States Forest Service, designated by the United States Secretary of Agriculture.
(C)One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior.
(b)Appointing powers shall seek to include individuals from a breadth of backgrounds.
(c)Two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. One appointee from each house of the Legislature shall represent a district either partially or wholly within the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302, and one appointee from each house shall represent a district from outside the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302.
SEC. 3.Section 33345.1 is added to the Public Resources Code, to read:33345.1.(a)The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)In implementing the program, notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area.
(c)The conservancy shall include the activities of the program in its annual report required pursuant to Section 33350.
(d)This section shall not be construed as requiring the Legislature to appropriate additional funds.
For the purposes of this division, the following terms have the following meanings:
(a)Board means the Governing Board of the Sierra Nevada Conservancy.
(b)Conservancy means the Sierra Nevada Conservancy.
(c)Fund means the Sierra Nevada Conservancy Fund created pursuant to Section 33355.
(d)Local public agency means a city, county, district, or joint powers authority.
(e)Nonprofit organization means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code, and whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division.
(f)Region or Sierra Nevada Region means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, described as the area bounded as follows:
On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slopes blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and the Shasta National Forest portion of Bear Mountain Road, between the Sacramento River and Shasta Lake; the Pit River Arm of Shasta Lake; the northerly boundary of the Pit River watershed; the southerly and easterly boundaries of Siskiyou County; and within Modoc County, the easterly boundary of the Klamath River watershed; and on the north by the northern boundary of the State of California; excluding both of the following:
(1)The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as region.
(2)The San Joaquin River Parkway, as described in Section 32510.
(g)Subregions means the six subregions in which the Sierra Nevada Region is located, described as follows:
(1)The north Sierra subregion, comprising the Counties of Lassen, Modoc, and Shasta.
(2)The north central Sierra subregion, comprising the Counties of Butte, Plumas, Sierra, and Tehama.
(3)The central Sierra subregion, comprising the Counties of El Dorado, Nevada, Placer, and Yuba.
(4)The south central Sierra subregion, comprising the Counties of Amador, Calaveras, Mariposa, and Tuolumne.
(5)The east Sierra subregion, comprising the Counties of Alpine, Inyo, and Mono.
(6)The south Sierra subregion, comprising the Counties of Fresno, Kern, Madera, and Tulare.
(h)Tribal organization means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following:
(1)Recognized by the United States and identified within the most current Federal Register.
(2)Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.
SEC. 2.Section 33321 of the Public Resources Code is amended to read:33321.(a)The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows:
(1)The 13 voting members of the board shall consist of all of the following:
(A)The Secretary of the Natural Resources Agency, or his or her designee.
(B)The Director of Finance, or his or her designee.
(C)Three public members appointed by the Governor, who are not elected officials, to represent statewide interests.
(D)One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests.
(E)One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests.
(F)One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure:
(i)Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion.
(ii)The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy.
(iii)If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion.
(2)The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following:
(A)One representative of the National Park Service, designated by the United States Secretary of the Interior.
(B)One representative of the United States Forest Service, designated by the United States Secretary of Agriculture.
(C)One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior.
(b)Appointing powers shall seek to include individuals from a breadth of backgrounds.
(c)Two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. One appointee from each house of the Legislature shall represent a district either partially or wholly within the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302, and one appointee from each house shall represent a district from outside the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302.
SEC. 3.Section 33345.1 is added to the Public Resources Code, to read:33345.1.(a)The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)In implementing the program, notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area.
(c)The conservancy shall include the activities of the program in its annual report required pursuant to Section 33350.
(c)(d)This section shall not be construed as requiring the Legislature to appropriate additional funds.
For the purposes of this division, the following terms have the following meanings:
(a)Board means the Governing Board of the Sierra Nevada Conservancy.
(b)Conservancy means the Sierra Nevada Conservancy.
(c)Fund means the Sierra Nevada Conservancy Fund created pursuant to Section 33355.
(d)Local public agency means a city, county, district, or joint powers authority.
(e)Nonprofit organization means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code, and whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division.
(f)Region or Sierra Nevada Region means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, described as the area bounded as follows:
On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slopes blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and the Shasta National Forest portion of Bear Mountain Road, between the Sacramento River and Shasta Lake; the Pit River Arm of Shasta Lake; the northerly boundary of the Pit River watershed; the southerly and easterly boundaries of Siskiyou County; and within Modoc County, the easterly boundary of the Klamath River watershed; and on the north by the northern boundary of the State of California; excluding both of the following:
(1)The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as region.
(2)The San Joaquin River Parkway, as described in Section 32510.
(g)Subregions means the six subregions in which the Sierra Nevada Region is located, described as follows:
(1)The north Sierra subregion, comprising the Counties of Lassen, Modoc, and Shasta.
(2)The north central Sierra subregion, comprising the Counties of Butte, Plumas, Sierra, and Tehama.
(3)The central Sierra subregion, comprising the Counties of El Dorado, Nevada, Placer, and Yuba.
(4)The south central Sierra subregion, comprising the Counties of Amador, Calaveras, Mariposa, and Tuolumne.
(5)The east Sierra subregion, comprising the Counties of Alpine, Inyo, and Mono.
(6)The south Sierra subregion, comprising the Counties of Fresno, Kern, Madera, and Tulare.
(h)Tribal organization means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following:
(1)Recognized by the United States and identified within the most current Federal Register.
(2)Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.
SEC. 2.Section 33321 of the Public Resources Code is amended to read:33321.(a)The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows:
(1)The 13 voting members of the board shall consist of all of the following:
(A)The Secretary of the Natural Resources Agency, or his or her designee.
(B)The Director of Finance, or his or her designee.
(C)Three public members appointed by the Governor, who are not elected officials, to represent statewide interests.
(D)One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests.
(E)One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests.
(F)One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure:
(i)Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion.
(ii)The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy.
(iii)If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion.
(2)The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following:
(A)One representative of the National Park Service, designated by the United States Secretary of the Interior.
(B)One representative of the United States Forest Service, designated by the United States Secretary of Agriculture.
(C)One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior.
(b)Appointing powers shall seek to include individuals from a breadth of backgrounds.
(c)Two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. One appointee from each house of the Legislature shall represent a district either partially or wholly within the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302, and one appointee from each house shall represent a district from outside the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302.
SEC. 3.Section 33345.1 is added to the Public Resources Code, to read:33345.1.(a)The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)In implementing the program, notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative, including the area known as the Tahoe-Central Sierra Initiative Area, initiative to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area.
(c)This section shall not be construed as requiring the Legislature to appropriate additional funds.
For the purposes of this division, the following terms have the following meanings:
(a)Board means the Governing Board of the Sierra Nevada Conservancy.
(b)Conservancy means the Sierra Nevada Conservancy.
(c)Fund means the Sierra Nevada Conservancy Fund created pursuant to Section 33355.
(d)Local public agency means a city, county, district, or joint powers authority.
(e)Nonprofit organization means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code, and whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division.
(f)Region or Sierra Nevada Region means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, described as the area bounded as follows:
On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slopes blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and the Shasta National Forest portion of Bear Mountain Road, between the Sacramento River and Shasta Lake; the Pit River Arm of Shasta Lake; the northerly boundary of the Pit River watershed; the southerly and easterly boundaries of Siskiyou County; and within Modoc County, the easterly boundary of the Klamath River watershed; and on the north by the northern boundary of the State of California; excluding both of the following:
(1)The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as region.
(2)The San Joaquin River Parkway, as described in Section 32510.
(g)Subregions means the six subregions in which the Sierra Nevada Region is located, described as follows:
(1)The north Sierra subregion, comprising the Counties of Lassen, Modoc, and Shasta.
(2)The north central Sierra subregion, comprising the Counties of Butte, Plumas, Sierra, and Tehama.
(3)The central Sierra subregion, comprising the Counties of El Dorado, Nevada, Placer, and Yuba.
(4)The south central Sierra subregion, comprising the Counties of Amador, Calaveras, Mariposa, and Tuolumne.
(5)The east Sierra subregion, comprising the Counties of Alpine, Inyo, and Mono.
(6)The south Sierra subregion, comprising the Counties of Fresno, Kern, Madera, and Tulare.
(h)Tribal organization means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. one or both of the following:
(1)Recognized by the United States and identified within the most current Federal Register.
(2)Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.
SEC. 2.Section 33321 of the Public Resources Code is amended to read:33321.(a)The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows:
(1)The 13 voting members of the board shall consist of all of the following:
(A)The Secretary of the Natural Resources Agency, or his or her designee.
(B)The Director of Finance, or his or her designee.
(C)Three public members appointed by the Governor, who are not elected officials, to represent statewide interests.
(D)One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests.
(E)One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests.
(F)One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure:
(i)Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion.
(ii)The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy.
(iii)If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion.
(2)The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following:
(A)One representative of the National Park Service, designated by the United States Secretary of the Interior.
(B)One representative of the United States Forest Service, designated by the United States Secretary of Agriculture.
(C)One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior.
(b)Appointing powers shall seek to include individuals from a breadth of backgrounds.
(c)Two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. One appointee from each house of the Legislature shall represent a district either partially or wholly within the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302, and one appointee from each house shall represent a district from outside the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302.
SECTION 1.SEC. 3.Section 33345.1 is added to the Public Resources Code, to read:33345.1.(a)The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region. region, in support of the purposes and programs described in Section 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)The conservancy shall take all of the following actions to increase the pace and scale of scientifically based restoration activities:(1)Increase investment in watershed restoration in all parts of the region.(2)Address constraints affecting policy and processes that increase the cost and complexity of the restoration process.(3)Support development of additional infrastructure to utilize material removed as part of restoration.(c)(b)In implementing the program, the conservancy may focus on a specific geographical area, which may be known and identified program, notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative, including the area known as the Tahoe-Central Sierra Initiative Area, to test new ways of accomplishing the program objectives and goals described in subdivision (b). Notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches within the area covered by the initiative (a), with the intent of broadening the scope of the initiative to apply to the entire program area.
(c)This section shall not be construed as requiring the Legislature to appropriate additional funds.
(a)The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, to restore the health and resilience of the watersheds and communities of the region. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders.
(b)The conservancy shall take all of the following actions to increase the pace and scale of scientifically based restoration activities:
(1)Increase investment in watershed restoration in all parts of the region.
(2)Address constraints affecting policy and processes that increase the cost and complexity of the restoration process.
(3)Support development of additional infrastructure to utilize material removed as part of restoration.
(c)In implementing the program, the conservancy may focus on a specific geographical area, which may be known and identified as the Tahoe-Central Sierra Initiative Area, to test new ways of accomplishing the program objectives and goals described in subdivision (b). Notwithstanding Section 33341, the conservancy may test new funding, policy, planning, and implementation approaches within the area covered by the initiative with the intent of broadening the scope of the initiative to apply to the entire program area.
SECTION 1.Section 9001 of the Public Resources Code is amended to read:9001.(a)The Legislature hereby declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state. The Legislature believes that the state must assume leadership in formulating and putting into effect a statewide program of soil and water conservation and related natural resource conservation and hereby declares that this division is enacted to accomplish the following purposes:(1)To provide the means by which the state may cooperate with the United States and with resource conservation districts organized pursuant to this division in securing the adoption in this state of conservation practices, including, but not limited to, farm, range, open space, urban development, wildlife, recreation, watershed, water quality, and woodland, best adapted to save the basic resources, soil, water, and air of the state from unreasonable and economically preventable waste and destruction.(2)To provide for the organization and operation of resource conservation districts for the purposes of soil and water conservation, the control of runoff, the prevention and control of soil erosion, and erosion stabilization, including, but not limited to, these purposes in open areas, agricultural areas, urban development, wildlife areas, recreational developments, watershed management, the protection of water quality and water reclamation, the development of storage and distribution of water, and the treatment of each acre of land according to its needs.(b)A district, in addition to any other authority provided by law, may do all of the following:(1)Ensure consistency with the authorities and policies of the United States, this state, counties, cities, public districts, other resource conservation districts, persons, associations, and corporations.(2)With the consent of the owner, construct on privately or publicly owned lands any necessary works for the prevention and control of soil erosion and erosion stabilization.(3)Facilitate coordinated resource management efforts for watershed restoration and enhancement.(c)A district shall not conserve water for power purposes or produce or distribute power for its own use or for the use of others.(a)The Legislature hereby declares that resource conservation is of fundamental importance to the prosperity and welfare of the people of this state. The Legislature believes that the state must assume leadership in formulating and putting into effect a statewide program of soil and water conservation and related natural resource conservation and hereby declares that this division is enacted to accomplish the following purposes:
(1)To provide the means by which the state may cooperate with the United States and with resource conservation districts organized pursuant to this division in securing the adoption in this state of conservation practices, including, but not limited to, farm, range, open space, urban development, wildlife, recreation, watershed, water quality, and woodland, best adapted to save the basic resources, soil, water, and air of the state from unreasonable and economically preventable waste and destruction.
(2)To provide for the organization and operation of resource conservation districts for the purposes of soil and water conservation, the control of runoff, the prevention and control of soil erosion, and erosion stabilization, including, but not limited to, these purposes in open areas, agricultural areas, urban development, wildlife areas, recreational developments, watershed management, the protection of water quality and water reclamation, the development of storage and distribution of water, and the treatment of each acre of land according to its needs.
(b)The districts, A district, in addition to any other authority provided by law, may do all of the following:
(1)Ensure consistency with the authorities and policies of the United States, this state, counties, cities, public districts, other resource conservation districts, persons, associations, and corporations.
(2)With the consent of the owner, construct on privately or publicly owned lands any necessary works for the prevention and control of soil erosion and erosion stabilization.
(3)Facilitate coordinated resource management efforts for watershed restoration and enhancement.
(c)The districts A district shall not conserve water for power purposes or produce or distribute power for their its own use or for the use of others.
|
Date
|
Status
|
|---|---|
| Sep 18, 2018 | Chaptered by Secretary of State - Chapter 499, Statutes of 2018. |
| Sep 18, 2018 | Approved by the Governor. |
| Aug 27, 2018 | Enrolled and presented to the Governor at 3 p.m. |
| Aug 20, 2018 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 14, 2018 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 16 pursuant to Assembly Rule 77. |
| Aug 13, 2018 | Read third time. Passed. Ordered to the Assembly. |
| Aug 7, 2018 | Read second time. Ordered to Consent Calendar. |
| Aug 6, 2018 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 28, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 27, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 9. Noes 0.) (June 26). |
| Jun 7, 2018 | Referred to Com. on N.R. & W. |
| May 25, 2018 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2018 | Read third time. Passed. Ordered to the Senate. |
| May 24, 2018 | Read second time. Ordered to third reading. |
| May 23, 2018 | From committee: Do pass. (Ayes 16. Noes 0.) (May 23). |
| May 1, 2018 | Re-referred to Com. on APPR. |
| Apr 30, 2018 | Read second time and amended. |
| Apr 26, 2018 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (April 23). |
| Apr 16, 2018 | Re-referred to Com. on NAT. RES. |
| Apr 12, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 20, 2018 | Re-referred to Com. on NAT. RES. |
| Mar 19, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended. |
| Mar 19, 2018 | Referred to Com. on NAT. RES. |
| Feb 17, 2018 | From printer. May be heard in committee March 19. |
| Feb 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 20, 2018 | AB 2849 STONE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 13, 2018 | Consent Calendar AB2849 | Senate Floor |
Passed |
|
| Jun 26, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| May 25, 2018 | AB 2849 STONE Assembly Third Reading | Assembly Floor |
Passed |
|
| May 23, 2018 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 23, 2018 | Do pass as amended and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Natural Resources |
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.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Bear Yuba Land Trust | ** Support | Aug 8, 2018 |
| East Bay Municipal Utility District | ** Support | Aug 8, 2018 |
| Eastern Sierra Land Trust | ** Support | Aug 8, 2018 |
| Off Road Vehicle Legislative Coalition | ** Support | Aug 8, 2018 |
| Placer Land Trust | ** Support | Aug 8, 2018 |
| Sierra Business Council | ** Support | Aug 8, 2018 |
| Sierra Foothill Conservancy | ** Support | Aug 8, 2018 |
| Sierra Nevada Alliance | ** Support | Aug 8, 2018 |
| The Nature Conservancy | ** Support | Aug 8, 2018 |
| The Off Road Vehicle Legislative Coalition | ** Support | Apr 20, 2018 |
| Truckee Donner Land Trust | ** Support | Aug 8, 2018 |
| Uc Berkeley - Sagehen Creek Field Station | ** Support | Aug 8, 2018 |
| Uc Berkeley Sagehen Creek Field Station | ** Support | Apr 20, 2018 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2849
Author:(Mark Stone and Dahle)
As Amended Ver:June 28, 2018
Majority vote
ASSEMBLY: | 71-0 | (May 25, 2018) | SENATE: | 37-0 | (August 13, 2018) |
Original Committee Reference: NAT. RES.
SUMMARY: Creates the Sierra Nevada Watershed Improvement Program (WIP) in statute; updates the definitions for tribal organizations; and, includes geographic specifications for Sierra Nevada Conservancy (SNC) appointments. Specifically, this bill:
- Creates the WIP in statute to protect, conserve, and restore the health and resilience of watersheds and communities in the Sierra Nevada Region, as defined.
- Defines "tribal organization" as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both.
- Requires Members of the Legislature appointed to SNC's board to represent specified geographic regions.
- Authorizes SNC to test new funding, policy, planning, and implementation approaches in areas covered by the program.
The Senate amendments require the activities of the WIP to be included in the SNC's annual report.
EXISTING LAW:
- Defines the Sierra Nevada Region (region) as the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, with specific geographic boundaries in each county specified.
- Establishes the SNC, which is tasked with nine specific purposes including increasing tourism and recreational opportunities, protecting the region's resources, and balancing environmental preservation with local residents' economic well-being.
- Requires the governing board to consist of 13 voting members and three nonvoting liaison advisors. Six voting members are required to be from each of the six subregions in the Sierra Nevada, selected by representatives from the county boards of supervisors in each subregion. Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules are selected to represent statewide interests.
- Requires an additional three nonvoting liaison advisors representing the National Park Service, the United States (US) Forest Service, and the US Bureau of Land Management.
- Requires an additional two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, to meet with the conservancy and participate in its activities.
- Defines "tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time.
FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: The SNC is a California state agency created by bi-partisan legislation and signed into law in 2004. The SNC was created with the understanding that the environmental, economic, and social well-being of the Sierra Nevada and its communities are closely linked and that the region and the State of California would benefit from an organization providing a strategic direction. The Sierra Nevada covers about 25% of California's land area and is the state's principal watershed.
The SNC provides funding and technical assistance for local projects and supports collaborative projects in partnership with local government, nonprofit organizations, and tribal entities. Activities supported by SNC include, but are not limited to, aiding in the preservation of working landscapes, reducing the risk of natural disasters such as wildfire, protecting and improving water and air quality, assisting the Regional economy, enhancing public use and enjoyment of lands owned by the public, providing increased opportunity for tourism and recreation in the Region; and protecting, conserving, and restoring the Region's physical, cultural, archaeological, historical, and living resources. SNC's programs are financed by the California Environmental License Plate Fund; Proposition 84, The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coast Protection Bond Act, and Proposition 1.
The WIP is a collaborative project organized by SNC and the US Forest Service and creates a unifying framework to focus resources towards improving resilience in California's primary watersheds. Over 60% of the water in the state's developed water systems originates in the Sierra Nevada, where it falls as snow and rain and is eventually used by residents, agriculture, and other businesses/industries across the state. In addition to supplying water, the region's forested watersheds store massive amounts of carbon, provide crucial habitat to hundreds of species, provide world-class recreational opportunities enjoyed by millions, are major producers of wood products and hydroelectric power, and serve as the home and workplace for many California residents. Maintaining these benefits depends on ensuring watershed health across the region. Since the region that encompasses the SNC Region is made up of all or part of 22 counties covering over 25 million acres, WIP provides essential coordination capacity. Putting this program into statute will help it access the necessary funds to administer its programs. The WIP includes the Tahoe-Central Sierra Initiative Area, which is operated in partnership with the Tahoe Conservancy. Since this area is not entirely contained by the SNC boundaries, it is currently specified in the bill as an area where SNC is authorized to test new funding, policy, planning and implementation approaches, but it is not currently defined in the bill language.
The current definition of "tribal organization" in the code section related to the SNC does not reflect an up-to-date accounting of tribes in the area. Adding groups listed on the contact list of California Native American tribes maintained by the Native American Heritage Commission will ensure that all appropriate groups are authorized to interact with the SNC and the WIP.
Currently, two members of the Senate and two members of the Assembly are appointed to meet with the SNC and participate in its activities. This bill would require that one member from each house represent a district either partially or wholly located within the SNC boundary, and one member from each house represent a district located outside the SNC boundary, ensuring that appointed members bring both regional and statewide perspectives to the SNC.
Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0003852
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
CONSENT
Bill No: AB 2849
:
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/26/18
AYES: Hertzberg, Stone, Allen, Hueso, Jackson, McGuire, Monning, Stern, Vidak
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/25/18 - See last page for vote
SOURCE: Sierra Business Council
DIGEST:
This bill codifies the Sierra Nevada Watershed Improvement Program in statute at the Sierra Nevada Conservancy (SNC), updates the SNC’s definition of “tribal organization”, and modifies eligibility criteria for legislative representatives to the SNC’s governing board.
Existing law:
- Defines the Sierra Nevada Region as the area lying with the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tuolumne, and Yuba with the geographic boundaries as specified.
- Establishes the SNC in the Natural Resources Agency to work in collaboration with local governments and interested parties to provide increased opportunities for tourism and recreation, protect the region’s resources, reduce the risk of natural disasters such as wildfires, and balance environmental preservation with the local economic well-being.
- Requires the SNC to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, and land management and administrative costs.
- Requires the governing board of the SNC to consist of 13 voting members and 3 nonvoting liaison advisors. Additionally, two members from the Senate and two members from the Assembly are required to meet with the SNC and participate in its activities.
- Authorizes the SNC to make grants or loans to public agencies, nonprofit organizations, and tribal organizations. Tribal organizations are defined as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is listed on the Federal Register.
This bill codifies the existing Sierra Nevada Watershed Improvement Program (WIP) in statute at the SNC, updates the SNC’s definition of “tribal organization”, and modifies eligibility criteria for legislative representatives to the SNC’s governing board. Specifically, this bill:
- Establishes WIP and requires the SNC to include updates on the program in its existing annual report.
- Revises and updates the definition of “tribal organization” to include those listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe and to conform to the current definition of a federal tribe.
- Specifies that one appointee each from the Senate and Assembly shall represent a district that falls within the SNC boundary and one appointee from each house shall represent a district from outside of the SNC boundary.
Background
The Sierra Nevada covers about 25% of California’s land area and it the state’s principal watershed. The SNC provides funding and technical assistance for local projects and supports collaborative projects in partnership with local government, nonprofit organizations, and tribal entities.
The Sierra Nevada WIP is a collaborative project organized by the SNC and the U.S. Forest Service. The primary goal of the program is to restore the health of Sierra Nevada watershed, which provides more than 60% of California’s developed water supply. The Sierra Nevada watershed also stores massive amounts of carbon, provides crucial habitat to hundreds of species, provides world-class recreational opportunities, and is a major producer of wood products and hydroelectric power. The health of this critical watershed has been at risk due to prolonged drought, a century of fire suppression, widespread tree mortality due to insect attacks and disease, and an increase in large, damaging wildfires. The WIP provides essential capacity to coordinate regional restoration efforts.
Related/Prior Legislation
AB 985 (Dahle, Chapter 89, Statutes of 2015) required two members of the Senate and two members of the Assembly to meet with the SNC and participate in its activities.
AB 2600 (Leslie, Chapter 726, Statues of 2004) established the Sierra Nevada Conservancy.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
Sierra Business Council (source)
Bear Yuba Land Trust
East Bay Municipal Utility District
Eastern Sierra Land Trust
The Nature Conservancy
Off Road Vehicle Legislative Coalition
Placer Land Trust
Sierra Foothill Conservancy
Sierra Nevada Alliance
Truckee Donner Land Trust
UC Berkeley – Sagehen Creek Field Station
None received
ARGUMENTS IN SUPPORT: According to the author, the bill helps the SNC by addressing 3 key issues:
“1) Recognize the Watershed Improvement Program (WIP) in statute: The WIP is an existing collaborative effort to restore the health of Sierra Nevada forests, watersheds, and ecosystems, and to reduce wildfires. Identifying this program in statute will help SNC to recruit additional participation, funding, and partners within state government and beyond.
2) Update Legislative Liaison requirements: AB 2849 ensures that at least one liaison from each house comes from a district outside of the SNC region, which will help awareness of SNC and Sierra Nevada watershed benefits beyond its own boundaries.
3) Update the definition of “tribal organizations”: SNC awards grant funding to tribal organizations tribes to further its mission of protecting the Sierra Nevada region. AB 2849 ensures that “tribal organization” includes both federally recognized and California Native American Heritage Commission listed tribes in SNC’s statute.”
ASSEMBLY FLOOR: 71-0, 5/25/18
AYES: Acosta, Aguiar-Curry, Baker, Berman, Bigelow, Bloom, Bonta, Burke, Caballero, Calderon, Carrillo, Cervantes, Chau, Chávez, Chen, Chiu, Choi, Chu, Cooley, Cooper, Cunningham, Dahle, Daly, Eggman, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kamlager-Dove, Kiley, Lackey, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Rodriguez, Rubio, Salas, Santiago, Mark Stone, Thurmond, Ting, Voepel, Weber, Wood, Rendon
NO VOTE RECORDED: Travis Allen, Arambula, Brough, Levine, Mullin, Steinorth, Waldron
8/8/18 16:49:45
**** END ****
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Robert Hertzberg, Chair
2017 - 2018 Regular
Bill No: AB Hearing Date: June 26, 2018
Author: | Mark Stone | ||
Version: | April 30, 2018 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Teresa Feo | ||
Subject: Sierra Nevada Conservancy: watershed improvement: tribal organization
BACKGROUND AND EXISTING LAW
The Sierra Nevada Region is defined as the area lying with the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tuolumne, and Yuba with the geographic boundaries as specified. The Sierra Nevada covers about 25% of California’s land area and it the state’s principal watershed.
Existing law establishes the Sierra Nevada Conservancy (SNC) as a state agency in the Natural Resources Agency to work in collaboration with local governments and interested parties to provide increased opportunities for tourism and recreation, protect the region’s resources, reduce the risk of natural disasters such as wildfires, and balance environmental preservation with the local economic well-being. The SNC is required to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, and land management and administrative costs.
Existing law requires the governing board of the SNC to consist of 13 voting members and 3 nonvoting liaison advisors. Additionally, two members from the Senate and two members from the Assembly are required to meet with the SNC and participate in its activities.
Existing law authorizes the SNC to make grants or loans to public agencies, nonprofit organizations, and tribal organizations. Tribal organizations are defined as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is listed on the Federal Register.
The SNC provides funding and technical assistance for local projects and supports collaborative projects in partnership with local government, nonprofit organizations, and tribal entities. The Sierra Nevada Watershed Improvement Program (WIP) is a collaborative project organized by the SNC and the U.S. Forest Service. The primary goal of WIP is to restore the health of Sierra Nevada watershed, which provides more than 60% of California’s developed water supply.
PROPOSED LAW
This bill would:
- Establish the Sierra Nevada Watershed Improvement Program in statute
- Revise and update the definition of “tribal organization” to include those listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe and to conform to the current definition of a federal tribe.
- Specify that one appointee each from the Senate and Assembly shall represent a district that falls within the SNC boundary and one appointee each from the Senate and Assembly shall represent a district from outside of the SNC boundary.
ARGUMENTS IN SUPPORT
According to the author, “Sierra Nevada forests and watersheds need protection and restoration. Ongoing drought, a century of fire suppression, widespread tree mortality due to insect attacks and disease, and a changing climate have hurt the Sierra Nevada forest and watershed ecosystems. This measure helps the Sierra Nevada Conservancy (SNC) address these issues through three key changes to the law:
1) Recognize the Watershed Improvement Program (WIP) in statute: The WIP is an existing collaborative effort to restore the health of Sierra Nevada forests, watersheds, and ecosystems, and to reduce wildfires. Identifying this program in statute will help SNC to recruit additional participation, funding, and partners within state government and beyond.
2) Update Legislative Liaison requirements: AB 2849 ensures that at least one liaison from each house comes from a district outside of the SNC region, which will help awareness of SNC and Sierra Nevada watershed benefits beyond its own boundaries.
3) Update the definition of “tribal organizations”: SNC awards grant funding to tribal organizations tribes to further its mission of protecting the Sierra Nevada region. AB 2849 ensures that “tribal organization” includes both federally recognized and California Native American Heritage Commission listed tribes in SNC’s statute.”
ARGUMENTS IN OPPOSITION
None received
COMMENTS
The Watershed Improvement Program: The WIP creates a unifying framework to focus resources towards improving resilience in an important watershed for the state. The forested Sierra Nevada watershed supplies water for much of the state, stores massive amounts of carbon, provides crucial habitat to hundreds of species, provides world-class recreational opportunities, and is a major producer of wood products and hydroelectric power. The health of this critical watershed is at risk due to prolonged drought, a century of fire suppression, widespread tree mortality due to insect attacks and disease, and an increase in large, damaging wildfires. The WIP provides essential capacity to coordinate regional restoration efforts.
Tribal definition: The current definition of “tribal organization” in the code section related to the SNC does not reflect a complete accounting of tribes located within California. Including groups listed on the contact list of California Native American tribes maintained by the Native American Heritage Commission will ensure that all appropriate groups are authorized to interact with the SNC and the WIP.
Annual Report. Section 33350 of the Public Resources Code requires the SNC to make an annual report to the Legislature and to the Secretary of the Natural Resources Agency regarding expenditures, and land management and administrative costs. Committee staff has discussed the bill with the author’s staff and proposes an amendment to require the SNC to specifically include the activities of the WIP in their annual report. Although costs are beyond the scope of this Committee’s jurisdiction, Committee staff notes that the SNC has included WIP activities in previous annual reports already. [Amendment 1]
Recent related legislation
SB 5 (De León, Chapter 852, Statutes of 2017) created the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 (the recently-passed Proposition 68). This bond includes funds to implement the Watershed Improvement Program.
AB 985 (Dahle, Chapter 89, Statutes of 2015) requires two members of the Senate and two members of the Assembly to meet with the SNC and participate in its activities.
AB 2600 (Leslie, Chapter 726, Statues of 2004) established the Sierra Nevada Conservancy.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 6 after line 4 add “(d) the conservancy shall include the activities of the Sierra Nevada Watershed Improvement Program in its annual report as described in Section 33350”
SUPPORT
Sierra Business Council (sponsor)
Bear Yuba Land Trust
East Bay Municipal Utility District
Eastern Sierra Land Trust
The Nature Conservancy
Off Road Vehicle Legislative Coalition
Placer Land Trust
Sierra Foothill Conservancy
Sierra Nevada Alliance
Truckee Donner Land Trust
UC Berkeley – Sagehen Creek Field Station
OPPOSITION
None Received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2849
Author:(Mark Stone and Dahle)
As Amended Ver:April 30, 2018
Majority vote
Committee | Votes | Ayes | Noes |
Natural Resources | 10-0 | Muratsuchi, Acosta, Chau, Eggman, Flora, Limón, McCarty, Melendez, Mark Stone, Reyes | |
Appropriations | 16-0 | Gonzalez Fletcher, Bigelow, Bloom, Mathis, Calderon, Carrillo, Chau, Eggman, Fong, Friedman, Gallagher, Eduardo Garcia, Nazarian, Obernolte, Quirk, Reyes |
SUMMARY: Creates the Sierra Nevada Watershed Improvement Program (WIP) in statute; updates the definitions for tribal organizations; and, includes geographic specifications for Sierra Nevada Conservancy (SNC) appointments. Specifically, this bill:
- Creates the WIP in statute to protect, conserve, and restore the health and resilience of watersheds and communities in the Sierra Nevada Region, as defined.
- Defines "tribal organization" as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both.
- Requires Members of the Legislature appointed to meet with the conservancy to represent districts for specified geographic regions.
- Authorizes SNC to test new funding, policy, planning, and implementation approaches in areas covered by the program.
EXISTING LAW:
- Defines the Sierra Nevada Region (region) as the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, with specific geographic boundaries in each county specified.
- Establishes the Sierra Nevada Conservancy, which is tasked with nine specific purposes including increasing tourism and recreational opportunities, protecting the region's resources, and balancing environmental preservation with local residents' economic well-being.
- Requires the governing board to consist of 13 voting members and three nonvoting liaison advisors. Six voting members are required to be from each of the six subregions in the Sierra Nevada, selected by representatives from the county boards of supervisors in each subregion. Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules are selected to represent statewide interests.
- Requires an additional three nonvoting liaison advisors representing the National Park Service, the US Forest Service, and the US Bureau of Land Management.
- Requires an additional two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, to meet with the conservancy and participate in its activities.
- Defines "tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time.
FISCAL EFFECT: The Assembly Appropriations Committee estimates no additional state costs.
COMMENTS: The Sierra Nevada Conservancy (SNC) is a California state agency created by bi-partisan legislation and signed into law in 2004. The SNC was created with the understanding that the environmental, economic, and social well-being of the Sierra Nevada and its communities are closely linked and that the region and the State of California would benefit from an organization providing a strategic direction. The Sierra Nevada covers about 25% of California's land area and is the state's principal watershed.
The SNC provides funding and technical assistance for local projects and supports collaborative projects in partnership with local government, nonprofit organizations, and tribal entities. Activities supported by SNC include, but are not limited to, aiding in the preservation of working landscapes, reducing the risk of natural disasters such as wildfire, protecting and improving water and air quality, assisting the Regional economy, enhancing public use and enjoyment of lands owned by the public, providing increased opportunity for tourism and recreation in the Region; and protecting, conserving, and restoring the Region's physical, cultural, archaeological, historical, and living resources. SNC's programs are financed by the California Environmental License Plate Fund; Proposition 84, The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coast Protection Bond Act, and Proposition 1.
The Sierra Nevada Watershed Improvement Program (WIP) is a collaborative project organized by SNC and the US Forest Service and creates a unifying framework to focus resources towards improving resilience in California's primary watersheds. Over 60% of the water in the state's developed water systems originates in the Sierra Nevada, where it falls as snow and rain and is eventually used by residents, agriculture, and other businesses/industries across the state. In addition to supplying water, the region's forested watersheds store massive amounts of carbon, provide crucial habitat to hundreds of species, provide world-class recreational opportunities enjoyed by millions, are major producers of wood products and hydroelectric power, and serve as the home and workplace for many California residents. Maintaining these benefits depends on ensuring watershed health across the region. Since the region that encompasses the SNC Region is made up of all or part of 22 counties covering over 25 million acres, WIP provides essential coordination capacity. Putting this program into statute will help it access the necessary funds to administer its programs. The WIP includes the Tahoe-Central Sierra Initiative Area, which is operated in partnership with the Tahoe Conservancy. Since this area is not entirely contained by the SNC boundaries, it is currently specified in the bill as an area where SNC is authorized to test new funding, policy, planning and implementation approaches, but it is not currently defined in the bill language.
The current definition of "tribal organization" in the code section related to the SNC does not reflect an up-to-date accounting of tribes in the area. Adding groups listed on the contact list of California Native American tribes maintained by the Native American Heritage Commission will ensure that all appropriate groups are authorized to interact with the SNC and the WIP.
Currently, two members of the Senate and two members of the Assembly are appointed to meet with the SNC and participate in its activities. This bill would require that one member from each house represent a district either partially or wholly located within the SNC boundary, and one member from each house represent a district located outside the SNC boundary, ensuring that appointed members bring both regional and statewide perspectives to the SNC.
Analysis Prepared by: Dylan Chapple / NAT. RES. / (916) 319-2092 FN: 0003009
Date of Hearing: May 23, 2018
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 2849
Author:(Mark Stone) – As Amended Ver:April 30, 2018
Policy Committee: | Natural Resources | Vote: | 10 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill codifies the Sierra Nevada Watershed Improvement Program (WIP) at the Sierra Nevada Conservancy (SNC), to protect, conserve, and restore the health and resilience of watersheds and communities in the Sierra Nevada Region, as defined. Additionally, this bill:
- Defines “tribal organization” as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both.
- Requires Members of the Legislature appointed to meet with the SNC to represent districts from specified geographic regions.
- Authorizes the SNC to test new funding, policy, planning, and implementation approaches in areas covered by the WIP.
- Specifies this bill shall not be construed as requiring the Legislature to appropriate additional funds.
FISCAL EFFECT:
No additional state costs.
COMMENTS:
Background and Purpose.
The Sierra Nevada Conservancy (SNC) was established in 2006 to increase tourism and recreational opportunities, protect the region’s resources, and balance environmental preservation with local residents’ economic well-being. The Sierra Nevada region covers about 25% of California’s land area and is the state’s principal watershed.
The Sierra Nevada Watershed Improvement Program (WIP) is a collaborative project organized by the SNC and the US Forest Service to focus resources on improving resilience in California’s primary watersheds. According to the author, “by putting WIP into statute, SNC will have an increased capacity to fund, collaborate, and improve the health of the Sierra Nevada watershed.”
The current definition of “tribal organization” in the SNC’s enabling statute does not reflect an up-to-date accounting of tribes in the area. Adding groups listed on the contact list of California Native American tribes maintained by the Native American Heritage Commission will ensure that all appropriate groups are authorized to interact with the SNC and the WIP.
Currently, two members of the Senate and two members of the Assembly are appointed to meet with the SNC and participate in its activities. This bill requires one member from each house to be from a legislative district either partially or wholly within the SNC boundary, which would ensure that the appointed members represent stakeholders in the areas covered by the SNC.
Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081
Date of Hearing: April 23, 2018
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Al Muratsuchi, Acting Chair
ABPCA Bill Id:AB 2849 (
Author:Mark Stone) – As Amended Ver:April 12, 2018
SUBJECT: Sierra Nevada Conservancy: watershed improvement: tribal organization
SUMMARY: Creates the Sierra Nevada Watershed Improvement Program (WIP) in statute; updates the definitions for tribal organizations; and, requires that one of the members from each house appointed to serve on the Sierra Nevada Conservancy (SNC) represent areas covered by the SNC.
EXISTING LAW:
- Defines the Sierra Nevada Region (region) as the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Tehama, Tulare, Tuolumne, and Yuba, with specific geographic boundaries in each county specified.
- Establishes the Sierra Nevada Conservancy, which is tasked with nine specific purposes including increasing tourism and recreational opportunities, protecting the region’s resources, and balancing environmental preservation with local residents’ economic well-being.
- Requires the governing board to consist of thirteen voting members and three nonvoting liaison advisors. Six voting members are required to be from each of the six subregions in the Sierra Nevada, selected by representatives from the county boards of supervisors in each subregion. Three members appointed by the Governor, one member appointed by the Speaker of the Assembly, and one member appointed by the Senate Committee on Rules are selected to represent statewide interests.
- Requires an additional three nonvoting liaison advisors representing the National Park Service, the US Forest Service, and the US Bureau of Land Management.
- Requires an additional two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, to meet with the conservancy and participate in its activities.
- Defines “tribal organization as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time.
THIS BILL:
- Creates the WIP in statute to protect, conserve, and restore the health and resilience of watersheds and communities in the Sierra Nevada Region, as defined.
- Defines “tribal organization” as an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe and either recognized by the United States and identified within the most current Federal Register, or listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe, or both.
- Requires Members of the Legislature appointed to meet with the conservancy to represent districts for specified geographic regions.
- Authorizes SNC to test new funding, policy, planning, and implementation approaches in areas covered by the program.
FISCAL EFFECT: Unknown.
COMMENTS:
- Author Statement:
Under current law, the SNC may grant funds and carry out projects and activities to support efforts that improve the environmental, economic, and social well-being throughout its region boundaries and across California. To that end, the WIP already exists as a program under the existing duties of SNC, but it is not explicitly described in statute. In 2015, WIP was launched as a state-federal partnership. The idea was to create a holistic watershed restoration initiative to connect the wide range of agencies and interests that benefit from the Sierra Nevada region. California Natural Resources Agency (CNRA) Secretary John Laird entered into a Memorandum of Understanding (MOU) with U.S. Forest Service (USFS) Regional Forester Randy Moore, pledging a cooperative relationship in implementing WIP. SNC is the lead state agency in this effort. WIP is designed to better describe, and thus better fund, watershed restoration efforts in the Sierra region to serve the entire state.
By putting WIP into statute, SNC will have an increased capacity to fund, collaborate, and improve the health of the Sierra Nevada watershed. It can better reach the goal of the MOU between the CNRA and USFS to implement the WIP to increase the pace and scale of forest restoration. With AB 2849, the WIP may garner benefits that similar programs have gained as a result of being memorialized in statute (for example, the Coastal Conservancy’s program areas including the San Francisco Bay Area; Urban Waterfront; the San Joaquin River Conservancy’s implementation of the Parkway Task Force Plan). The identification of the program in statute will better equip SNC to recruit participation, additional funding, and partners within state government for more effective implementation, which will ultimately result in improved forest and watershed restoration efforts.
The Tahoe Conservancy is a close partner with SNC and has been working on the Tahoe-Central Sierra Initiative Area with SNC under the existing WIP. By describing this in statute, these efforts can move forward with increased recognition.
- Sierra Nevada Conservancy. The Sierra Nevada Conservancy (SNC) is a California state agency created by bi-partisan legislation and signed into law in 2004. The SNC was created with the understanding that the environmental, economic, and social well-being of the Sierra Nevada and its communities are closely linked and that the region and the State of California would benefit from an organization providing a strategic direction. The Sierra Nevada covers about 25% of California’s land area and is the state’s principal watershed.
The SNC provides funding and technical assistance for local projects and supports collaborative projects in partnership with local government, nonprofit organizations, and tribal entities. Activities supported by SNC include, but are not limited to, aiding in the preservation of working landscapes, reducing the risk of natural disasters such as wildfire, protecting and improving water and air quality, assisting the Regional economy, enhancing public use and enjoyment of lands owned by the public, providing increased opportunity for tourism and recreation in the Region; and protecting, conserving, and restoring the Region’s physical, cultural, archaeological, historical, and living resources. SNC’s programs are financed by the California Environmental License Plate Fund; Proposition 84, The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coast Protection Bond Act, and Proposition 1.
- Watershed Improvement Program. The Sierra Nevada Watershed Improvement Program (WIP) is a collaborative project organized by SNC and the US Forest Service and creates a unifying framework to focus resources towards improving resilience in California’s primary watersheds. Over 60% of the water in the state’s developed water systems originates in the Sierra Nevada, where it falls as snow and rain and is eventually used by residents, agriculture, and other businesses/industries across the state. In addition to supplying water, the region’s forested watersheds store massive amounts of carbon, provide crucial habitat to hundreds of species, provide world-class recreational opportunities enjoyed by millions, are major producers of wood products and hydroelectric power, and serve as the home and workplace for many California residents. Maintaining these benefits depends on ensuring watershed health across the region. Since the region that encompasses the SNC Region is made up of all or part of 22 counties covering over 25 million acres, WIP provides essential coordination capacity. Putting this program into statute will help it access the necessary funds to administer its programs. The WIP includes the Tahoe-Central Sierra Initiative Area, which is operated in partnership with the Tahoe Conservancy. Since this area is not entirely contained by the SNC boundaries, it is currently specified in the bill as an area where SNC is authorized to test new funding, policy, planning and implementation approaches, but it is not currently defined in the bill language.
- Tribal Definitions. The current definition of “tribal organization” in the code section related to the SNC does not reflect an up-to-date accounting of tribes in the area. Adding groups listed on the contact list of California Native American tribes maintained by the Native American Heritage Commission will ensure that all appropriate groups are authorized to interact with the SNC and the WIP.
- Requirements for SNC Members. Currently, two members of the Senate and two members of the Assembly are appointed to meet with the SNC and participate in its activities. This bill would require that one member from each house represent a district either partially or wholly within the SNC boundary, which would ensure that the appointed members represent stakeholders in the areas covered by the SNC.
- Suggested Amendments: The committee may wish to consider an amendment that removes the mention of Tahoe-Central Sierra Initiative Area, since this area will already be covered by the language in this section.
REGISTERED SUPPORT / OPPOSITION:
Support
Bear Yuba Land Trust
Eastern Sierra Land Trust
The Nature Conservancy
The Off Road Vehicle Legislative Coalition
Placer Land Trust
Sierra Business Council
Sierra Foothill Conservancy
Sierra Nevada Alliance
Truckee Donner Land Trust
UC Berkeley Sagehen Creek Field Station
Opposition
None on file.
Analysis Prepared by: Dylan Chapple / NAT. RES. /
Discussed in Hearing
1MIN
Assembly Floor
1MIN
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
2MIN
Assembly Standing Committee on Natural Resources
Bill Co-Author(s):