California Senate Bill SB1148 Amended / Bill

 BILL NUMBER: SB 1148AMENDED BILL TEXT AMENDED IN SENATE MAY 29, 2012 AMENDED IN SENATE MARCH 29, 2012 INTRODUCED BY Senator Pavley FEBRUARY 21, 2012 An act to amend Sections 711, 713, 714, 3031, 6596, 6596.1, 7149, and 7149.05 of, and to add Sections 711.1 and 711.5 to, the Fish and Game Code, and to amend Section 65042 of the Government Code, relating to fish and wildlife resources. LEGISLATIVE COUNSEL'S DIGEST SB 1148, as amended, Pavley. Fish and Game Commission: Department of Fish and Game. (1) The Sacramento-San Joaquin Valley Wetlands Mitigation Bank Act of 1993 provides for the establishment of wetlands mitigation bank sites to increase the total wetlands acreage and values within the Sacramento-San Joaquin Valley. This bill would  authorize   require  the Department of Fish and Game to establish  a fee to be charged to any entity applying to the department to establish a conservation bank or mitigation bank, as defined, including, but not limited to, a mitigation bank pursuant to the act   prescribed fees for existing and new conservation or mitigation banks  , to be set in an amount necessary to pay costs incurred by the department in providing conservation and mitigation banking program services  to the applicant  . The bill would require the department to deposit revenues of those fees in a separate dedicated account within the Fish and Game Preservation Fund. The bill would require the department to ensure on an ongoing basis that accurate information about mitigation and conservation banks, as prescribed, is available on its Internet Web site or an appropriate federal or state agency designated Internet Web site that is linked to the department's Internet Web site. (2) Under existing law, the changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services is used as the index to determine an annual rate of increase or decrease in the fees for hunting and fishing licenses, stamps, permits, and tags. Under existing law, the department issues lifetime sportsman's licenses, hunting licenses, sport fishing ocean enhancement stamps, commercial fishing ocean enhancement stamps, commercial fishing ocean enhancement validations, sport fishing ocean enhancement validations, and sport fishing licenses, and existing law establishes base fees for those entitlements, adjusted annually pursuant to the index. This bill would require the Fish and Game Commission to establish base fees for lifetime sportsman's licenses, hunting licenses, sport fishing ocean enhancement stamps and validations, commercial fishing ocean enhancement stamps and validations, and sport fishing licenses for the 2013 license year, and would require those fees to be adjusted annually thereafter according to the index. The bill would require the commission to issue lifetime sportsman's licenses. (3) Existing law relating to the Office of Planning and Research requires every officer, agency, department, or instrumentality of state government to cooperate in the preparation and maintenance of the State Environmental Goals and Policy Report and to ensure that their entity's functional plan is consistent with specified state planning priorities and annually demonstrate, when requesting infrastructure as specified, how the plans are consistent with those priorities. Existing law requires those entities to comply with any request for advice, assistance, information, or other material. This bill would specify that the subject entities include certain trustee agencies. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1.  (a)     The Legislature finds and declares the following:   (a)    The department and other state entities have authorized private and public conservation and mitigation banks to serve an important function of managing the mitigation provided by private applicants when aquatic or terrestrial mitigation is required as a condition of a permit from a public agency. Conservation and mitigation banks provide parcels of land that provide habitat for specified species. The banks offer credits to those with a mitigation responsibility associated with a permit granted by a public agency that requires compensation for impacts to wetlands, threatened or endangered species, and other sensitive resources. The California policy on conservation banks was established in 1995 by the Natural Resources Agency and the California Environmental Protection Agency. Other mitigation banking policies have been entered into by and between state agencies and federal wildlife agencies including the United States Fish and Wildlife Service, the United States Army Corps of Engineers, and the United States Environmental Protection Agency. (b) The Department of Fish and Game has properly excluded from mitigation and conservation banks those lands that do not support significant biological resources or that cannot sustain their biological viability. The department has also excluded other lands from eligibility as mitigation banks, including, but not limited to, lands that are themselves mitigation for previous projects, lands designated as parks or open space or set aside by a legal settlement, and lands acquired by a public entity. (c)  The Legislature finds and declares that greater   Greater  transparency of mitigation and conservation banks is required to ensure that the mitigation requirements of affected regulatory programs and permitting decisions are fully met and that the accounting mechanisms used by mitigation banks to provide for species are scientifically valid with appropriate public oversight. The  Legislature also finds and declares that  private and public mitigation banks or the private and public entities to whom credits are sold should fully fund the administrative and regulatory costs of the Department of Fish and Game or other public agencies relating to the provision of banks. (d) The Department of Fish and Game has found that the establishment and use of conservation and mitigation banks may result in added ecological benefits and reduced administrative costs over the more traditional forms of smaller, single-purpose mitigation projects. SEC. 2. The Legislature  further  finds and declares the following: (a) In 2010, the Legislature passed and the Governor signed Assembly Bill 2376, which established a process to develop a strategic vision for the Department of Fish and Game and the Fish and Game Commission. (b) Pursuant to Assembly Bill 2376, the Natural Resources Agency appointed an executive committee, a blue ribbon commission, and a broad-based stakeholder group, and established a public process that is focused on improving and enhancing the capacity of both the department and the commission to protect and manage California's fish and wildlife. (c) All groups and individuals with an interest in improving the work of the department and the commission have been invited to participate in the stakeholder group process. Numerous public meetings have been held and extensive information on the process and the comments received to date are available on the Internet Web site of the Department of Fish and Game. (d) The policy chairs in their respective houses of committees with subject matter  jurisdiction,   jurisdiction  will cooperate with proposed legislation that will address many of the draft recommendations of the California Fish and Wildlife Strategic Vision and other reforms necessary to satisfy the mandate of Assembly Bill 2376. Some of the content of the proposed legislation reflects suggestions contained in the draft interim strategic vision report released by the department and the commission on November 22, 2011. Each bill may be amended from time to time to reflect additional recommendations. (e) It is the intent of the Legislature to focus more of the work of the commission on the implementation of the state's hunting and fishing and other wildlife-related regulations and the professional administration of those laws. Several fees related to hunting and fishing should therefore be reassigned from the department to the commission. It is also the intent of the Legislature to enhance the ability of the department to focus on the management and administration of its lands, its enforcement responsibilities, the conservation programs entrusted to it, and enhancing the scientific basis of conservation decisions made in California. SEC. 3. Section 711 of the Fish and Game Code is amended to read: 711. (a) It is the intent of the Legislature to ensure adequate funding from appropriate sources for the department. To this end, the Legislature finds and declares that: (1) The costs of nongame fish and wildlife programs shall be provided annually in the Budget Act by appropriating money from the General Fund, through nongame user fees, and sources other than the Fish and Game Preservation Fund to the department for these purposes. (2) The costs of commercial fishing programs shall be provided out of revenues from commercial fishing taxes, license fees, and other revenues, from reimbursements and federal funds received for commercial fishing programs, and other funds appropriated by the Legislature for this purpose. (3) The costs of hunting and sportfishing programs shall be provided out of hunting and sportfishing revenues and reimbursements and federal funds received for hunting and sportfishing programs, and other funds appropriated by the Legislature for this purpose. These revenues, reimbursements, and federal funds shall not be used to support commercial fishing programs, free hunting and fishing license programs, or nongame fish and wildlife programs. (4) The costs of managing lands managed by the department and the costs of wildlife management programs shall be supplemented out of revenues in the Native Species Conservation and Enhancement Account in the Fish and Game Preservation Fund. (5) Hunting, sportfishing, and sport ocean fishing license fees shall be adjusted annually to an amount equal to that computed pursuant to Section 713. However, a substantial increase in the aggregate of hunting and sportfishing programs shall be reflected by appropriate amendments to the sections of this code that establish the base sport license fee levels. The inflationary index provided in Section 713 may not be used to accommodate a substantial increase in the aggregate of hunting and sportfishing programs. (6) The costs of a conservation and mitigation banking program, including, but not limited to, costs incurred by the department during its review, approval, establishment, monitoring, and oversight of banks, shall be reimbursed from revenues of conservation and mitigation bank application fees imposed pursuant to Section 711.5. (b) The director and the Secretary of the Resources Agency shall, with the department's annual budget submittal to the Legislature, submit a report on the fund condition, including the expenditures and revenue, for all accounts and subaccounts within the Fish and Game Preservation Fund. The department shall also update its cost allocation plan to reflect the costs of program activities. (c) For purposes of this article, "substantial increase" means an increase in excess of 5 percent of the Fish and Game Preservation Fund portion of the department's current year support budget, excluding cost-of-living increases provided for salaries, staff benefits, and operating expenses. SEC. 4. Section 711.1 is added to the Fish and Game Code, to read: 711.1. The department shall ensure on an ongoing basis that accurate information about mitigation and conservation banks is available on its Internet Web site or an appropriate federal or state agency designated Internet Web site that is linked to the department' s Internet Web site. The available information shall include, but not be limited to, the total credits available from the bank, the total credits available when the bank was created, the amount of current available credits per species and habitat type, the amount of current credits withdrawn per species and habitat type, the balance of credits available per species and habitat type, a specific description of the credits that have been awarded and for what species or purpose, the status of the species and habitat at the mitigation or conservation bank, the bank's long-term management plans, and the complete annual monitoring reports required by departmental policy. SEC. 5. Section 711.5 is added to the Fish and Game Code, to read: 711.5. (a) As used in this section: (1) "Conservation bank" means a publicly or privately owned and operated site on which habitat for threatened, endangered, or other special status species has been, or will be, established to do any of the following: (A) Compensate for take or other adverse impacts caused by activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3. (B) Reduce, to less than substantial, impacts to fish or wildlife resources caused by activities authorized pursuant to Section 1602. (C) Compensate for impacts to the environment pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (D) Establish mitigation in advance of adverse impacts. (2) "Mitigation bank" has the same meaning as "bank site" or "mitigation bank site  ,  " as defined in Section 1777.2. (b)  (1)    The department  may   shall  establish a fee to be charged to any entity applying to the department to establish a conservation bank or mitigation bank as described in subdivision (a), including, but not limited to, a mitigation bank pursuant to Chapter 7.8 (commencing with Section 1775), to be set in an amount necessary to pay costs incurred by the department in providing conservation and mitigation banking program services to the applicant, including, but not limited to, bank review, approval, establishment, monitoring, and oversight.  The   (2) The department shall also establish a fee to be charged to all entities participating in a conservation or mitigation bank as of January 1, 2013, to be set in an amount necessary to pay costs incurred by the department in providing conservation and mitigation banking program services to the bank, including, but not limited to, bank monitoring and oversight.   (3)     The  department may adjust the  fee   fees in paragraphs (1) and (2)  pursuant to subdivision (c) of Section 713. The department shall deposit revenues of fees imposed pursuant to this section in a separate dedicated account within the Fish and Game Preservation Fund. (c) The fee  imposed in paragraph (1) of subdivision (b)  shall apply to all new bank applications, including, but not limited to, draft and final prospectuses, agreements, instruments, and amendments if the department is not already signatory to the bank. (d) The department may adopt regulations to administer the  fee   fees in subdivision (b)  . (e) A conservation bank or a mitigation bank shall not be operative, vested, or final, and bank credits shall not be issued, until the applicable fee imposed pursuant to this section is paid to the department. SEC. 6. Section 713 of the Fish and Game Code is amended to read: 713. (a) The changes in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, shall be used as the index to determine an annual rate of increase or decrease in the fees for licenses, stamps, permits, tags, or other entitlements issued by the department. (b) (1) The department shall determine the change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services, as published by the United States Department of Commerce, for the quarter ending March 31 of the current year compared to the quarter ending March 31 of the previous year. The relative amount of the change shall be multiplied by the current fee for each license, stamp, permit, tag, or other entitlement issued by the department. (2) The product shall be rounded to the nearest twenty-five cents ($0.25), and the resulting amount shall be added to the fee for the current year. The resulting amount shall be the fee for the license year beginning on or after January 1 of the next succeeding calendar year for the license, stamp, permit, tag, or other entitlement that is adjusted under this section. (c) Notwithstanding any other provision of law, the department may recalculate the current fees charged for each license, stamp, permit, tag, or other entitlement issued by the department, to determine that all appropriate indexing has been included in the current fees. This section shall apply to all licenses, stamps, permits, tags, or other entitlements, that have not been increased each year since the base year of the 1985-86 fiscal year. (d) The commission, with respect to any license, stamp, permit, tag, or other entitlement issued by the commission shall comply with subdivisions (a) to (c), inclusive. (e) The calculations provided for in this section shall be reported to the Legislature with the Governor's Budget Bill. (f) The Legislature finds that all revenues generated by fees for licenses, stamps, permits, tags, and other entitlements, computed under this section and used for the purposes for which they were imposed, are not subject to Article XIII B of the California Constitution. (g) The department and the commission shall, at least every five years, analyze all fees for licenses, stamps, permits, tags, and other entitlements issued by it to ensure the appropriate fee amount is charged. Where appropriate, the department shall recommend to the Legislature or the commission that fees established by the commission or the Legislature be adjusted to ensure that those fees are appropriate. SEC. 7. Section 714 of the Fish and Game Code is amended to read: 714. (a) The commission shall issue lifetime sportsman's licenses pursuant to this section. A lifetime sportsman's license authorizes the taking of birds, mammals, fish, reptiles, or amphibia anywhere in this state in accordance with law for purposes other than profit for the life of the person to whom issued unless revoked for a violation of this code or regulations adopted pursuant to this code. A lifetime sportsman's license is not transferable. A lifetime sportsman's license does not include any special tags, stamps, or other entitlements. (b) A lifetime sportsman's license may be issued to residents, as follows: (1) To a person 62 years of age or over upon payment of a base fee as determined pursuant to subdivision (g). (2) To a person 40 years of age or over and less than 62 years of age upon payment of a base fee as determined pursuant to subdivision (g). (3) To a person 10 years of age or over and less than 40 years of age upon payment of a base fee as determined pursuant to subdivision (g). (4) To a person less than 10 years of age upon payment of a base fee as determined pursuant to subdivision (g). (c) This section does not require a person less than 16 years of age to obtain a license to take fish, reptiles, or amphibians for purposes other than profit or to obtain a license to take birds or mammals, except as required by law. (d) This section does not exempt an applicant for a license from meeting other qualifications or requirements otherwise established by law for the privilege of sport hunting or sport fishing. (e) Upon payment of a base fee as determined pursuant to subdivision (g), a person holding a lifetime hunting license or lifetime sportsman's license shall be issued annually one deer tag application pursuant to subdivision (a) of Section 4332 and five wild pig tags issued pursuant to Section 4654. Lifetime privileges issued pursuant to this subdivision are not transferable. (f) Upon payment of a base fee as determined pursuant to subdivision (g), a person holding a lifetime hunting license or lifetime sportsman's license shall be entitled annually to the privileges afforded to a person holding a state duck stamp or validation issued pursuant to Section 3700 or 3700.1 and an upland game bird stamp or validation issued pursuant to Section 3682 or 3682.1. Lifetime privileges issued pursuant to this subdivision are not transferable. (g) The commission shall establish base fees for lifetime sportsman's licenses described in this section in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to those licenses. The base fees specified in this section are applicable commencing January 1, 2013, and shall be adjusted annually thereafter pursuant to Section 713. SEC. 8. Section 3031 of the Fish and Game Code is amended to read: 3031. (a) A hunting license, granting the privilege to take birds and mammals, shall be issued to any of the following: (1) A resident of this state, 16 years of age or older, upon the payment of a base fee as determined pursuant to subdivision (b). (2) A resident or nonresident, who is under 16 years of age on July 1 of the licensing year, upon the payment of a base fee as determined pursuant to subdivision (b), regardless of whether that person applies before or after July 1 of that year. (3) A nonresident, 16 years of age or older, upon the payment of a base fee as determined pursuant to subdivision (b). (4) A nonresident, 16 years of age or older, valid only for two consecutive days upon payment of the fee set forth in paragraph (1). A license issued pursuant to this paragraph is valid only for taking resident and migratory game birds, resident small game mammals, fur-bearing mammals, and nongame mammals, as defined in this code or in regulations adopted by the commission. (5) A nonresident, valid for one day and only for the taking of domesticated game birds and pheasants while on the premises of a licensed game bird club, or for the taking of domesticated migratory game birds in areas licensed for shooting those birds, upon the payment of a base fee as determined pursuant to subdivision (b). (b) The commission shall establish base fees for hunting licenses described in subdivision (a) in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to those licenses. The base fees specified in this section are applicable to the 2013 license year, and shall be adjusted annually thereafter pursuant to Section 713. SEC. 9. Section 6596 of the Fish and Game Code is amended to read: 6596. (a) In addition to a valid California sport fishing license and any other applicable license stamp issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement stamp permanently affixed to his or her fishing license. A sport fishing ocean enhancement stamp shall be issued upon payment of a base fee established by the commission in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the stamp. A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149 is not subject to this subdivision. (b) In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish therefrom, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement stamp issued for that vessel that has not been suspended or revoked. (c) Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement stamp issued to that person that has not been suspended or revoked. (d) The commission shall establish a base fee for a commercial fishing ocean enhancement stamp in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the stamp. (e) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System. (f) The base fees specified in this section are applicable to the 2013 license year, and shall be adjusted annually thereafter pursuant to Section 713. SEC. 10. Section 6596.1 of the Fish and Game Code is amended to read: 6596.1. (a) In addition to a valid California sport fishing license and any other applicable license validation issued pursuant to this code, a person taking fish from ocean waters south of a line extending due west from Point Arguello for purposes other than for profit shall have a valid sport fishing ocean enhancement validation permanently affixed to his or her fishing license. A sport fishing ocean enhancement validation shall be issued upon payment of a base fee established by the commission in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the validation. A sport fishing license issued pursuant to paragraph (4) or (5) of subdivision (a) of Section 7149.05 is not subject to this subdivision. (b) In addition to a valid California commercial passenger fishing boat license issued pursuant to Section 7920, the owner of any boat or vessel who, for profit, permits any person to fish therefrom, south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued for that vessel that has not been suspended or revoked. (c) Any person who takes, possesses aboard a boat, or lands any white sea bass for commercial purposes south of a line extending due west from Point Arguello, shall have a valid commercial fishing ocean enhancement validation issued to that person that has not been suspended or revoked. (d) The commission shall establish a base fee for a commercial fishing ocean enhancement validation in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to the validation. (e) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (f) The base fees specified in this section are applicable to the 2013 license year, and shall be adjusted annually thereafter pursuant to Section 713. SEC. 11. Section 7149 of the Fish and Game Code is amended to read: 7149. (a) A sport fishing license granting the privilege to take any fish, reptile, or amphibia anywhere in this state for purposes other than profit shall be issued to any of the following: (1) A resident 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee as determined pursuant to subdivision (d). (2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee as determined pursuant to subdivision (d). (3) A nonresident, 16 years of age or older, for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1). (4) A resident or nonresident, 16 years of age or older, for two consecutive designated calendar days, upon payment of  half   one-half  of the fee set forth in paragraph (1). Notwithstanding Section 1053, more than one two-day license issued for different two-day periods may be issued to, or possessed by, a person at one time. (5) A resident or nonresident, 16 years of age or older, for one designated day, upon payment of a base fee as determined pursuant to subdivision (d). (b) California sport fishing license stamps shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation may be paid to the authorized license agent for issuing the stamps except as provided in Section 1055. (c) This section does not apply to licenses, permits, reservations, tags, or other entitlements issued through the Automated License Data System. (d) The commission shall establish base fees for sport fishing licenses described in subdivision (a) in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to those licenses. The base fees specified in this section are applicable to the 2013 license year, and shall be adjusted annually thereafter pursuant to Section 713. SEC. 12. Section 7149.05 of the Fish and Game Code is amended to read: 7149.05. (a) A sport fishing license granting the privilege to take any fish, reptile, or  amphibia  amphibian  anywhere in this state for purposes other than profit shall be issued to any of the following: (1) A resident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee as determined pursuant to subdivision (d). (2) A nonresident, 16 years of age or older, for the period of a calendar year, or, if issued after the beginning of the year, for the remainder thereof, upon payment of a base fee as determined pursuant to subdivision (d). (3) A nonresident, 16 years of age or older for the period of 10 consecutive days beginning on the date specified on the license upon payment of the fee set forth in paragraph (1). (4) A resident or nonresident, 16 years of age or older, for two designated days, upon payment of  half   one-half of  the fee set forth in paragraph (1). Notwithstanding Section 1053, more than one single day license issued for different days may be issued to, or possessed by, a person at one time. (5) A resident or nonresident, 16 years of age or older, for one designated day upon payment of a base fee as determined pursuant to subdivision (d). (b) California sport fishing license validations shall be issued by authorized license agents in the same manner as sport fishing licenses, and no compensation shall be paid to the authorized license agent for issuing the validations except as provided in Section 1055.1. (c) This section applies only to licenses, permits, reservations, tags, and other entitlements issued through the Automated License Data System. (d) The commission shall establish base fees for sport fishing licenses described in subdivision (a) in an amount sufficient to recover all reasonable administrative and implementation costs of the department and commission relating to those licenses. The base fees specified in this section are applicable to the 2013 license year, and shall be adjusted annually thereafter pursuant to Section 713. SEC. 13. Section 65042 of the Government Code is amended to read: 65042. Every officer, agency, department, or instrumentality of state government, including, but not limited to, all trustee agencies as defined in Section 21070 of the Public Resources Code, shall do all of the following: (a) Cooperate in the preparation and maintenance of the State Environmental Goals and Policy Report. (b) By January 1, 2005, ensure that their entity's functional plan is consistent with the state planning priorities specified pursuant to Section 65041.1 and annually demonstrate to the office, and to the Department of Finance when requesting infrastructure pursuant to subdivision (a) of Section 13102, how the plans are consistent with those priorities. (c) Comply with any request for advice, assistance, information or other material.