Two bills making their way through the California Assembly would create a Sierra Nevada Conservancy. If passed, the conservancy would direct money to help manage the public lands in the mountain range.
The Union photo/Pico van Houtryve
Posted on 04/03/2004 3:32:33 AM PST by calcowgirl
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Two bills making their way through the California Assembly would create a Sierra Nevada Conservancy. If passed, the conservancy would direct money to help manage the public lands in the mountain range. The Union photo/Pico van Houtryve |
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It spans nearly 500 miles, supplies the water that nourishes California’s economy and has provided vocations and vacations for generations, but the Sierra Nevada has no benefactor like the conservancies that care for Lake Tahoe or the state’s vast coastline.
That could change this year, however, if one of the two bills now winding through the Legislature is approved - or if the two morph into one. The bills, AB 2600, authored by a Democrat, and the Republican-drafted AB 1788, would create a Sierra Nevada Conservancy.
The conservancy’s nonregulatory board would coordinate the millions of dollars that flow into the mountain range each year from various sources for a variety of conservation uses. Essentially, it could serve as a clearinghouse for the money, which would go toward the most-needy areas instead of being scattered.
“The Sierra is something that cries out for a conservancy,” said John Laird, a Democrat assemblyman from the central coast who authored AB 2600.
Laird, chairman of the Assembly Select Committee on California Water Needs and Climate Change, said the 28-year-old California Coastal Conservancy has served the region - and the state - well. The Sierra, he said, could use the same help.
“A Sierra Conservancy will give people in the Sierra a seat at the table,” he said. “I think the model of the Coastal Conservancy has worked very, very well.”
Unlike the California Coastal Commission, which regulates land use and issues development permits, the nonregulatory Coastal Conservancy works as an intermediary among local governments, public agencies, nonprofit groups and private landowners to purchase, protect, restore and enhance coastal resources.
Republicans seek bigger role for locals
The Lake Tahoe Conservancy is in Republican Assemblyman Tim Leslie’s district. And while he has supported its efforts over the years, including raising thousands of dollars for environmental projects by supporting the Lake Tahoe license plate program, Leslie’s chief of staff, Jedd Medefind, said his boss is generally hesitant when it comes to creating such entities.
“He had to decide to oppose it on principal or get involved to make things better,” Medefind said about why Leslie brought AB 1788 forward.
Surprisingly, Leslie’s involvement was spurred by none other than the state’s top Republican, Gov. Arnold Schwarzenegger. It may have rankled some of his fellow Republicans, but Schwarzenegger’s environmental action plan pledges to create a Sierra Nevada Conservancy.
“I think this is a case where the governor is showing his independent streak,” Medefind said.
Given that the Legislature is controlled by Democrats, the Republicans are drawing up another version of the conservancy plan. While the two bills differ on the boundaries of the proposed conservancy, the biggest differences are the makeup of its governing board and exactly what kind of input local governments will have.
Laird’s bill would have the conservancy’s seven-member board consult with local agencies on proposed projects. Leslie’s proposal has a 20-member board, including two county supervisors from each of the conservancy’s five subregions.
“At this point, we’re working to convince the Schwarzenegger administration that a form of conservancy that cuts locals out of the decision process is unacceptable,” Medefind said.
Conservancy control issues
The Sierra Fund, a Nevada City-based foundation that links donors with conservation projects, is a main proponent of a conservancy for the mountain range and is supporting Laird’s bill. But Izzy Martin, the fund’s Sierra Nevada campaign director and former Nevada County supervisor, said that to increase the chances that the conservancy proposal passes, there is hope that the two bills will become one.
Still, how the issues of local control versus regional and state priorities play out will be key.
The last effort to create a conservancy for the Sierra was derailed two years ago. Although it sailed through the Assembly, it never made it to the Senate floor for a vote. What scuttled the bill were differences on the makeup of the governing board and whether individual counties and towns could opt in or out of the conservancy.
“The more pertinent argument is that already, hundreds of millions of dollars are being spent in the region, and the Sierra doesn’t have a say,” Martin said. “There is no defined, formal role for where the money is being spent.”
Despite Assemblyman Leslie’s aversion to conservancies, Medefind agreed that one could help tackle some of the issues facing the Sierra, like forest and watershed health.
“It conceivably could become an excellent forum to address serious issues,” he said.
Staff from Leslie and Laird’s offices have been in communication on the two bills, and it’s “definitely conceivable” that the bills could come together, Medefind said.
Because the conservancy idea is something Schwarzenneger is behind, Laird agreed that bipartisan support might be easier to come by this time around.
AB 2600 is expected to be heard in the Assembly Natural Resources Committee by April 19.
Legislation:
AB 2600 from Leg InfoAB 1788 from Leg Info
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Prior FR Discussions:
Governor's views on how to lead may ensnare him
Relevant discussion begins HERE:The Colossus of Sacramento
Relevant discussion begins HERE:An Analysis of Arnold Schwarzenegger's Environmental Policy
Posted on 09/23/2003 1:59:55 PM PDT by Carry_Okie
Doomed!
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BILL NUMBER: AB 2600 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Laird
FEBRUARY 20, 2004
An act to add Division 23.3 (commencing with Section 33300) to the
Public Resources Code, relating to the Sierra Nevada Conservancy,
and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 2600, as introduced, Laird. Sierra Nevada Conservancy.
Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state.
This bill would establish the Sierra Nevada Conservancy, to
undertake various activities related to the Sierra Nevada Region, as
defined, and would prescribe the management, powers, and duties of
the conservancy. The bill would create the Sierra Nevada Conservancy
Fund in the State Treasury. Moneys in the fund would be available,
upon appropriation, for the purposes of the conservancy.
The Water Security, Clean Drinking Water, Coastal and Beach
Protection Act of 2002 was an initiative measure approved by the
voters at the November 5, 2002, statewide general election as
Proposition 50. Proposition 50, among other things, provides bond
funds for acquisition of land related to protection of water
supplies.
This bill would appropriate $30,000,000 from Proposition 50 bond
funds to the Secretary of the Resources Agency for the purposes of
acquisition of land or water resources to protect water quality in
the Sierra-Nevada-Cascade Mountain Region.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 23.3 (commencing with Section 33300) is added
to the Public Resources Code, to read:
DIVISION 23.3. SIERRA NEVADA CONSERVANCY
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
33300. This division shall be known, and may be cited, as the
Sierra Nevada Conservancy Act.
33301. The Legislature finds and declares all of the following:
(a) The Sierra Nevada Region provides 65 percent of California's
developed water supply and nearly all of the water supply for western
Nevada. As California's principal watershed, the region is the
critical source of water for urban and rural parts of northern and
southern California.
(b) The Sierra Nevada Region is a globally significant area,
including many national and state parks, the highest peaks in the 50
contiguous states, and large, pristine open-space areas that are open
for public use.
(c) The Sierra Nevada Region is an important part of the state's
economy, providing substantial agricultural products, timber
resources, mining, tourism, and recreation.
(d) In cooperation with local governments, private business,
nonprofit organizations, and the public, a Sierra Nevada Conservancy
can help do all of the following:
(1) Provide increased opportunities for tourism and recreation.
(2) Protect, conserve, and restore the region's physical,
cultural, and historical resources.
(3) Improve the public's understanding of the resources of the
region.
(4) Protect water quality from degradation.
(5) Assist the local economy, including providing increased
economic opportunities.
33302. 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 agency.
(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 that has among its
principal charitable purposes preservation of land for scientific,
historic, educational, recreational, scenic, or open-space
opportunities, protection of the natural environment, preservation or
enhancement of wildlife, or preservation of cultural and historical
resources.
(f) "Region" or "Sierra Nevada Region" means the Sierra
Nevada-Cascade Mountain Region, as described in subdivision (e) of
Section 5096.347, 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) "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.
CHAPTER 2. SIERRA NEVADA CONSERVANCY
33320. There is in the Resources Agency the Sierra Nevada
Conservancy, which is created as a state agency for all of the
following purposes:
(a) To protect and enhance natural diversity; natural resources;
open space; working landscapes, including forests, woodlands, and
agricultural and range lands; riparian areas; watersheds; wildlife
habitat; recreational opportunities; interpretive facilities; public
access; and the unique cultural, artistic, and historic resources,
within the Sierra Nevada Region.
(b) To assist local economies by increasing tourism and
recreation, and by preserving resource economies.
(c) To protect and improve water quality.
(d) To support development and implementation of collaborative and
cooperative resource conservation planning efforts.
(e) To support the development and dissemination of educational
information on the region's resources.
(f) To support the development and dissemination of technical
information and expertise.
(g) To assist in program development and implementation.
(h) To facilitate collaboration between the state and other public
agencies, local residents and groups, and organizations throughout
the state, that are dependent on the resources of the region, in
seeking and developing solutions to the resource conservation
challenges facing the region.
(i) To work in cooperation with federal, state, and local
governments, and nonprofit organizations, as well as to cooperate in
regional efforts with local and state organizations in Nevada, in
designing and implementing projects to carry out the purposes of this
division.
33321. (a) The board shall consist of seven voting members and
three nonvoting members, appointed as follows:
(1) The seven voting members of the board shall consist of all of
the following:
(A) The Secretary of the Resources Agency, or his or her designee.
(B) The Director of Finance, or his or her designee.
(C) One public member appointed by the Governor.
(D) Two public members appointed by the Speaker of the Assembly.
(E) Two public members appointed by the Senate Committee on Rules.
(2) The three ex officio, nonvoting members of the board 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 Department of
Agriculture 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) Each of the voting members appointed under subparagraphs (C),
(D), and (E) of paragraph (1) of subdivision (a) shall have
background and experience that will assist the conservancy to achieve
its purposes.
33322. A voting member who is appointed under paragraph (1) of
subdivision (a) of Section 33321 shall serve a term of four years.
For a voting member appointed under subparagraph (D) or (E) of
paragraph (1) of subdivision (a) of Section 33321, the term of the
first appointment shall be for two years. A vacancy on the board
shall be filled by the appointing authority within 60 days from the
occurrence of the vacancy.
33323. (a) The voting members appointed under paragraph (1) of
subdivision (a) of Section 33321 who are not state employees shall be
compensated for attending up to 12 meetings of the conservancy per
year at the rate of one hundred dollars ($100) per scheduled meeting
day.
(b) All members of the board shall be reimbursed for their actual
and necessary expenses, including travel expenses, incurred in
attending meetings of the conservancy and carrying out the duties of
their office.
33324. The voting members of the board shall elect from the
voting members a chairperson, vice-chairperson, and other officers as
necessary. Officers' term of office shall be two years, and they
may be reelected to those positions. If the office of the
chairperson or vice-chairperson becomes vacant prior to the
expiration of the term, a new chairperson or vice-chairperson, as the
case may be, may be elected by the voting members of the board to
serve for the remainder of that term.
33325. (a) A majority of the total voting membership of the board
shall constitute a quorum for the transaction of the business of the
conservancy. If a quorum is present, a majority vote of the members
present shall be binding with respect to all matters acted on by the
conservancy.
(b) The board shall adopt rules, regulations, and procedures for
the conduct of business by the conservancy.
33326. The conservancy may establish advisory boards or
committees, and may engage in public outreach using advanced forms of
technology, in order to facilitate the decisionmaking process.
Members of advisory boards or committees may be reimbursed for the
actual and necessary expenses, including travel expenses, that they
incur in attending regular meetings of the advisory board or
committee to which they belong.
33327. The conservancy shall establish and maintain a
headquarters office. The conservancy may rent or own real and
personal property, and equipment, pursuant to applicable statutes and
regulations.
33328. The board shall determine the qualifications, and shall
appoint and fix the salary, of an executive officer of the
conservancy, and shall employ other staff as necessary to execute the
powers and functions provided for under this division.
33329. The conservancy may enter into contracts with private
entities and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
33330. The conservancy's expenses for support and administration
may be paid from the conservancy's operating budget and any other
funding sources available to the conservancy.
33331. The conservancy shall conduct business in accordance with
the requirements of the Bagley-Keene Open Meeting Act (Article 9
(commencing with Section 11120) of Chapter 1 of Part 1 of Division 3
of Title 2 of the Government Code).
CHAPTER 3. POWERS, DUTIES, AND LIMITATIONS
33340. The conservancy's jurisdiction is limited to the Sierra
Nevada Region, except as provided in Section 33341.
33341. The conservancy shall carry out projects and activities to
further the purposes of this division within the region, and, upon a
finding of statewide or regional importance and need, in adjacent
riparian corridors and other associated or related natural open-space
areas.
33342. (a) The conservancy may acquire, from willing sellers or
transferors, real property, or any interest therein, and may hold
that property or interest, to carry out the purposes of this
division. Acquisition of real property pursuant to this subdivision
may be carried out by purchase pursuant to the Property Acquisition
Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2
of the Government Code), exchange, gift, donation, or dedication, or
any combination thereof.
(b) In planning and carrying out property acquisition under this
division, the conservancy shall, as appropriate, consult and
coordinate its activities with other public agencies, local land
trusts, and other entities, dedicated to land conservation or
involved with the management of public lands.
33343. Notwithstanding Section 11005.2 of the Government Code or
any other provision of law, the conservancy may lease, rent, sell,
exchange, or otherwise transfer, real property or an interest,
option, or contractual right, therein, as well as a vested right
severable therefrom, that has been acquired under this division, to a
person or entity, subject to terms and conditions in furtherance of
the conservancy's purposes.
33344. (a) The conservancy shall take whatever actions are
reasonably necessary and incidental to the management of lands or
interests in land under its ownership or control, and may initiate,
negotiate, and participate in agreements for the management of those
lands or interests with public agencies or private individuals or
entities.
(b) The conservancy may improve, restore, or enhance lands for the
purpose of protecting the natural environment or to otherwise meet
the objectives of this division, and may carry out the planning and
design of those improvements or other measures.
(c) The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity, for the
construction, management, or maintenance of facilities authorized by
the conservancy.
33345. (a) The conservancy may make grants or loans to public
agencies, nonprofit organizations, and tribal organizations in order
to carry out the purposes of this division. Grant or loan funds
shall be disbursed to a recipient entity only after the entity has
entered into an agreement with the conservancy, on the terms and
conditions specified by the conservancy.
(b) When awarding grants or making loans pursuant to this
division, the conservancy may require repayment of those funds on the
terms and conditions it deems appropriate. Proceeds from the
repayment or reimbursement of amounts granted or loaned by the
conservancy shall be deposited in the Sierra Nevada Conservancy Fund.
33346. In the case of a grant of funds to a nonprofit
organization for land acquisition, the agreement between the
conservancy and the recipient nonprofit organization shall require
all of the following:
(a) The purchase price of an interest in real property acquired by
the nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(b) The terms under which the interest in real property is
acquired shall be subject to the conservancy's approval.
(c) An interest in real property to be acquired under the grant
may not be used as security for a debt unless the conservancy
approves the transaction.
(d) The transfer of an interest in the real property shall be
subject to approval of the conservancy, and a new agreement
sufficient to protect the public interest shall be entered into
between the conservancy and the transferee.
(e) A deed or instrument by which the nonprofit organization
acquires an interest in real property under the grant shall include a
power of termination on the part of the state, subject to the
requirements of Chapter 5 (commencing with Section 885.010) of Title
5 of Part 2 of Division 2 of the Civil Code. The deed or instrument
shall provide that the state may exercise the power of termination by
notice in the event of the nonprofit organization's violation of the
purpose of the grant through breach of a material term or condition
thereof, and that, upon recordation of the notice, full title to the
interest in real property identified in the notice shall immediately
vest in the state.
(f) A deed or instrument by which the nonprofit organization
acquires an interest in real property under the grant shall provide
that the conveyance is subject to a remainder interest vested in the
state. If the existence of the nonprofit organization is terminated
for any reason, the remainder shall become a present interest and
full title to the real property shall immediately vest in the state,
or in another public agency or a nonprofit organization designated by
the conservancy to which the state has conveyed its interest.
33347. The conservancy shall adopt guidelines setting priorities
and criteria for projects, based upon its assessment of program
requirements, institutional capabilities, and funding needs
throughout the region.
33348. The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
33349. Subject to applicable provisions of Division 2 (commencing
with Section 66410) of Title 7 of the Government Code, the
conservancy may merge or split parcels of land, adjust boundary
lines, or take similar actions necessary to facilitate the
acquisition and management of land.
33350. The conservancy may expend funds under this division to
conduct research and monitoring in connection with development and
implementation of the program administered under this division.
33351. The conservancy may conduct or participate in educational
programs to advance the purposes of this division.
33352. The conservancy may receive gifts, donations, subventions,
grants, rents, royalties, and other financial assistance and funds
from public and private sources. All funds or income received by the
conservancy shall be deposited in the Sierra Nevada Conservancy Fund
for expenditure for the purposes of this division.
33353. The conservancy may fix and collect fees for any service
it renders. The amount of a fee may not exceed the conservancy's
reasonable costs and expenses of providing the service rendered. All
fees received by the conservancy shall be deposited in the Sierra
Nevada Conservancy Fund for expenditure for the purposes of this
division.
33354. Proceeds from a lease, rental, sale, exchange, or transfer
of land, or an interest or option therein, and all other income,
shall be deposited in the Sierra Nevada Conservancy Fund for
expenditure for the purposes of this division.
33355. The Sierra Nevada Conservancy Fund is hereby created in
the State Treasury. Moneys in the fund shall be available, upon
appropriation by the Legislature, only for the purposes of this
division.
SEC. 2. Of the funds available for the purposes of Section 79544
of the Water Code, the sum of thirty million dollars ($30,000,000) is
hereby appropriated from the Water Security, Clean Drinking Water,
Coastal and Beach Protection Fund of 2002, established by Section
79510 of the Water Code, to the Secretary of the Resources Agency
pursuant to Section 79544 of the Water Code.
BILL NUMBER: AB 1788 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Leslie
JANUARY 5, 2004
An act to add Division 23.3 (commencing with Section 33300) to the
Public Resources Code, relating to the Sierra Nevada Conservancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1788, as introduced, Leslie. Sierra Nevada Conservancy.
Existing law establishes various conservancies to acquire, manage,
and direct the management of, and conserve public lands in the
state.
This bill would establish the Sierra Nevada Conservancy to acquire
and direct the management of public lands within the Sierra Nevada
Region, as defined, and would prescribe the membership, powers, and
duties of the conservancy. The bill would specify that certain of
its provisions would not become operative until the Legislature
appropriates funds necessary to carry out those provisions, or until
a bond act approved by the voters of this state includes an
allocation of funds for the purposes of the bill.
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. Division 23.3 (commencing with Section 33300) is added
to the Public Resources Code, to read:
DIVISION 23.3. SIERRA NEVADA CONSERVANCY
CHAPTER 1. GENERAL PROVISIONS
33300. This division shall be known, and may be cited, as the
Sierra Nevada Conservancy Act.
33301. The Legislature finds and declares all of the following:
(a) The Sierra Nevada Region is a globally significant repository
of natural resources and natural diversity that combines pristine
wilderness and other open space with working landscapes, and is of
unique cultural and historic importance. Preservation of this unique
natural and cultural resource benefits both the natural and human
environments and the economic well-being of the entire state.
(b) The Sierra Nevada Region is the source of a major and critical
supply of water resources for the entire state, and provides other
important goods and services to the state, including recreation,
tourism, and forest and agricultural products. The state is
committed to conserving those resources and to preserving the quality
of life that those resources help to make possible within the state
and the region through a policy of sustainable resource management.
(c) The Sierra Nevada Region possesses a unique environment, which
comprises a large portion of the state's mixed conifer forests and
oak woodlands, as well as a grand variety of plant and wildlife
species that can only be found, or whose primary habitat is situated,
within the region.
(d) There are many groups and agencies working together to achieve
a sustainable balance between economic and environmental needs
within the Sierra Nevada Region, and a Sierra Nevada Conservancy can
accomplish all of the following:
(1) Provide assistance to public agencies, nonprofit
organizations, and community-based and other groups operating within
the region.
(2) Assess the region's resource and environmental needs.
(3) Facilitate collaborative resource conservation efforts.
(4) Identify the highest priority projects and initiatives for
which funding is needed.
(5) Undertake efforts to enhance public access to and enjoyment of
lands purchased by the public.
(6) Utilize opportunities to match state investments with funds
from other sources.
(7) Support efforts that advance both environmental preservation
and the economic well being of Sierra residents in a complimentary
manner.
(8) Build public understanding of the Sierra Nevada's importance
to California's history, ecology, economy, and quality of life.
CHAPTER 2. DEFINITIONS
33310. For purposes of this division, the following definitions
apply:
(a) "Conservancy" means the Sierra Nevada Conservancy.
(b) "Fund" means the Sierra Nevada Conservancy Fund.
(c) "Governing board" means the governing board of the
conservancy.
(d) "Local public agency" means a city, county, district, or joint
powers agency.
(e) "Nonprofit organization" means any private, nonprofit
organization that qualifies for exempt status under Section 501(c)(3)
of the United States Internal Revenue Code of 1986, and that has
among its principal charitable purposes the preservation of land for
scientific, historic, educational, recreational, scenic or open-space
opportunities, the protection of the natural environment, the
preservation or enhancement of wildlife, or efforts to provide for
the appropriate use and enjoyment of public lands.
(f) "Region" or "Sierra Nevada Region" means a region consisting
of the Counties of Alpine, Amador, Butte, Calaveras, El Dorado,
Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Mono, Nevada, Placer,
Plumas, Sierra, Tehama, Tulare, Tuolumne, and Yuba, excluding both of
the following:
(1) The Lake Tahoe Region as defined in Section 66905.5 of the
Government Code.
(2) The San Joaquin River Parkway as described in Section 32510.
(g) "Core Sierra Nevada Region" refers generally to the area
bounded on the south by State Route 58 and Tehachapi Creek; on the
west by ____; on the north by the northern perimeters of the
Manton/Battle Creek, Feather River, Eagle Lake, and Honey Lake
watersheds; and on the east by the eastern boundary of the State of
California, State Route 395, and State Route 14 south of Olancha,
excluding both of the following:
(1) The Lake Tahoe Region as defined in Section 66905.5 of the
Government Code.
(2) The San Joaquin River Parkway as described in Section 32510.
(h) "Subregions" refers to the five subregions within the Sierra
Nevada Region, described as follows:
(1) The north Sierra subregion, comprising the Counties of Butte,
Plumas, Sierra, and Tehama.
(2) The north central Sierra subregion, comprising the Counties of
El Dorado, Nevada, Placer, and Yuba.
(3) The south central Sierra subregion, comprising the Counties of
Amador, Calaveras, Mariposa, and Tuolumne.
(4) The east Sierra subregion, comprising the Counties of Alpine,
Inyo, Lassen, and Mono.
(5) The south Sierra subregion, comprising the Counties of Fresno,
Kern, Madera, and Tulare.
(i) "Tribal organization" means the recognized governing body of a
Native American tribe, or a legally established organization of
Native Americans that is either controlled, sanctioned, or chartered
by a Native American tribe governing body or that is democratically
elected by the adult members of the Native American community to be
served by the organization, and that includes the maximum
participation of Native Americans in all phases of its activities.
CHAPTER 3. SIERRA NEVADA CONSERVANCY
33320. The Sierra Nevada Conservancy is hereby created as a state
agency within the Resources Agency for all of the following
purposes:
(a) To protect and enhance natural diversity and natural
resources, open space, working landscapes such as forests, woodlands,
and agricultural and range lands, riparian areas, watersheds,
wildlife habitat, recreational opportunities, interpretive
facilities, public access, and the unique cultural and historic
resources within the region.
(b) To support the development and implementation of collaborative
and cooperative resource conservation planning efforts and, in so
doing, to help public agencies, communities, local organizations and
businesses, and landowners achieve complimentary environmental and
socioeconomic objectives.
(c) To support the development and distribution of technical
information and expertise to assist in program development and
implementation.
(d) To facilitate collaboration between the state and other public
agencies, and local residents and groups, in seeking and developing
solutions to the resource conservation challenges facing the region.
CHAPTER 4. ORGANIZATION
33330. (a) The governing board of the conservancy shall consist
of 20 voting and 3 nonvoting members, as follows:
(1) The voting members of the conservancy shall consist of the
following:
(A) Two members shall represent each of the five subregions, and
each of those members shall be a member of the board of supervisors
of a county located within that subregion, and whose district is at
least partially contained within the core Sierra Nevada Region,
appointed by a joint resolution adopted by a majority of the boards
of supervisors of the counties within that subregion. Each member
may authorize an alternate of their choosing. The alternate shall
also be a supervisor within the same subregion as the member, and
their district shall be a least partially contained within the core
Sierra Nevada Region.
(B) Six public members appointed by the Governor, at least three
of whom shall have their primary residence within the core Sierra
Nevada Region.
(C) One public member appointed by the Speaker of the Assembly.
(D) One public member appointed by the Senate Committee on Rules.
(E) The Secretary of the Resources Agency, or his or her designee.
(F) The Director of Finance, or his or her designee.
(2) There shall be three nonvoting members of the conservancy, who
shall consist of the following persons:
(A) A representative of the National Park Service, designated by
the United States Secretary of the Interior.
(B) A representative of the United States Forest Service,
designated by the United States Secretary of Agriculture.
(C) A representative of the United States Bureau of Land
Management, designated by the United States Secretary of the
Interior.
(b) The voting members appointed under subparagraph (A), (B), (C),
or (D) of paragraph (1) of subdivision (a) shall be representative
of the many communities of interest that benefit from the Sierra
Nevada's natural resources, and shall include individuals whose
background and experience will help the conservancy to achieve its
purposes.
33331. (a) The term of each member appointed under subparagraph
(A) of paragraph (1) of subdivision (a) of Section 33330 shall be for
up to two years, but may not extend beyond the member's term of
office as a county supervisor. Members may serve more than one term.
(b) Any member who is appointed under subparagraph (B), (C), or
(D) of paragraph (1) of subdivision (a) of Section 33330 shall serve
at the pleasure of the appointing power.
(c) Any member who is a designee under subparagraph (E) or (F) of
paragraph (1) of subdivision (a) of Section 33330, or who is a
nonvoting member, shall serve at the pleasure of the designating
official.
33332. The voting members of the governing board of the
conservancy shall elect from the voting members a chair, vice-chair,
and other officers as they deem necessary, each of whose term of
office shall be two years, and who may be reelected to those
positions. If the office of the chair or vice-chair becomes vacant
prior to the expiration of the regular term, then a new chair or
vice-chair, as the case may be, may be elected by the voting members
of the governing board to serve for the remainder of that term. Any
vacancy on the governing board shall be filled by the appointing
authority within 60 days from the occurrence of the vacancy.
33333. A majority of the total voting membership of the governing
board, excluding appointive positions that are not filled, shall
constitute a quorum for the transaction of the business of the
conservancy. If a quorum is present, except as otherwise provided in
this division, a majority vote of the members present shall be
binding on the conservancy with respect to all matters voted upon.
The governing board may not transact the business of the conservancy
if a quorum is not present at the time a vote is taken. The
governing board shall adopt rules, regulations, and procedures for
the transaction of the business of the conservancy. All meetings of
the board shall be held in accordance with the Bagley-Keene Open
Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1
of Part 1 of Division 3 of Title 2 of the Government Code).
33334. The conservancy may establish advisory boards or
committees, and may engage in public outreach using advanced forms of
technology, in order to facilitate the decisionmaking process.
Members of advisory boards or committees may be reimbursed for the
actual and necessary expenses, including travel expenses, that they
incur in attending regular meetings of the advisory board or
committee.
33335. The voting members appointed under subparagraphs (A) to
(D), inclusive, of paragraph (1) of subdivision (a) of Section 33330
shall be compensated for attending up to 12 meetings of the
conservancy per year at the rate of one hundred dollars ($100) per
day, and all members of the conservancy shall be reimbursed for their
actual and necessary expenses, including travel expenses, incurred
in attending meetings of the conservancy and carrying out the duties
of their office. Meetings shall be held within the region.
33336. The conservancy shall establish and maintain a
headquarters office within the region. For the purposes of
administrative functions, the conservancy may rent or own real and
personal property, and equipment, pursuant to applicable statutes and
regulations.
33337. The governing board shall determine the qualifications,
and shall appoint and fix the salary of, the executive officer of the
conservancy, and shall employ other staff as necessary to execute
the powers and functions provided for under this division.
33338. In order to fill the position of executive director, an
individual shall be approved by a vote of no less than two-thirds of
the voting members present at a meeting of the governing board at
which a quorum is present. If, at any point, seven or more voting
members submit in writing to the governing board chair a request for
a vote regarding the retention of the executive director, a vote
shall be taken at the governing board's next meeting as to whether or
not the executive director shall retain his or her position. If a
quorum is present, two-thirds of the voting members present at that
next meeting shall vote to retain, or the executive director shall be
removed from his or her position immediately, and the governing
board shall commence a search for a replacement.
33339. The conservancy may enter into contracts with private
entities and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
33340. The conservancy's expenses for support and administration
may be paid from the conservancy's operating budget and any other
funding sources available to the conservancy.
CHAPTER 5. POWERS AND DUTIES
33350. The conservancy's jurisdiction shall be limited to the
Sierra Nevada Region. The conservancy shall carry out projects and
activities to further the purposes of this division within the core
Sierra Nevada Region and, with an affirmative vote of 14 or more
voting members of the governing board, in adjacent riparian corridors
and other associated or related natural open-space areas within the
region.
33351. (a) The conservancy may acquire, from willing sellers or
transferors, real property, and any interest therein, and may hold
the property or interest, to carry out the purposes of this division.
Acquisition of real property pursuant to this section may be
carried out by purchase pursuant to the Property Acquisition Law
(Part 11 (commencing with Section 15850) of Division 3 of Title 2 of
the Government Code), or by exchange, gift, donation, or dedication,
or any combination thereof.
(b) Notwithstanding any other provision of this division, the
conservancy may not authorize the acquisition of any real property or
interest therein or a conservation easement, or the granting of
funds to a nonprofit organization for the purpose of such
acquisition, without first establishing a management plan for that
property detailing how the land will be managed, by whom the land
will be managed, and the funding source for costs related to the
management of the land.
(c) Notwithstanding any other provision of this division, the
conservancy may authorize the acquisition of any real property or
interest therein or a conservation easement, or the granting of funds
to a nonprofit organization for the purpose of such acquisition,
only after a resolution in support of that acquisition and the land
management plan applicable to the acquisition has been approved by
the county or city that exercises general planning authority and
jurisdiction over the parcel.
(d) The conservancy may not exercise the power of eminent domain.
(e) The conservancy may not levy a tax, or regulate land use
except on lands it owns, manages or controls. The conservancy shall
be subject to all laws, regulations, and general and specific plans
of the legislative body of any city or county in which the
conservancy proposes to take action.
(f) In planning and carrying out property acquisitions under this
division, the conservancy shall, as appropriate, coordinate its
activities with other public agencies.
33352. Nothing in this act shall be interpreted to grant the
board any regulatory or governing authority over any ordinance or
regulatory measure adopted by a city, county, or special district
that pertains to land use, water rights, or environmental quality.
33353. (a) Notwithstanding any other provision of this division,
the conservancy may not take any action that does any of the
following:
(1) Interferes or conflicts with the exercise of the powers or
duties of any watermaster, public agency, or other body or entity
responsible for groundwater or surface water management or
groundwater replenishment, as designated or established pursuant to
any adjudication or statute.
(2) Interferes with, obstructs, hinders, or delays the exercise
of, any water right by the owner of a public water system, including,
but not limited to, the construction, operation, maintenance,
replacement, repair, location, or relocation of any well or water
pumping, treatment, or storage facility, pipeline, or other facility
or property necessary or useful to the operation of the public water
system.
(b) The conservancy shall provide written notice to every
California water association likely to bear direct impact from any
proposed action, policy, or project that may affect any water right
or water delivery system at least 45 calendar days prior to the date
set for approval of any of those matters by the conservancy.
(c) As used in this section, "adjudication" means any final
judgment or order entered in any judicial proceeding adjudicating or
affecting water rights, surface water management, or groundwater
management.
(d) The conservancy shall consult with other conservancies within
the Resources Agency prior to implementing any project pursuant to
this division in which there may be a jurisdictional overlap between
those conservancies. Each of those conservancies shall make its best
effort to resolve any issues regarding any project development that
is carried out pursuant to this division in a mutually advantageous
and environmentally beneficial manner. Any dispute between the
conservancies shall be referred to the Resources Agency for
resolution.
33354. Notwithstanding Section 11005.2 of the Government Code or
any other provision of law, the conservancy may lease, rent, sell,
exchange, or otherwise transfer any real property or interest
therein, or interest, option, or contractual right therein, as well
as any vested right severable therefrom, that has been acquired under
this division, to any person or entity, subject to terms and
conditions in furtherance of the conservancy's purposes.
33355. (a) The conservancy may make grants or loans to public
agencies, nonprofit organizations, and tribal organizations, based on
voluntary applications, to carry out the purposes of this division.
(b) When awarding grants or making loans pursuant to this
division, the conservancy may require repayment of those funds on the
terms and conditions it deems appropriate. Proceeds from the
repayment or reimbursement of any amounts granted by the conservancy
shall be deposited in the fund.
(c) Grants to nonprofit organizations for the acquisition of real
property or interests in real property shall be subject to all of the
following conditions:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy approves the terms under which the interest in
land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt incurred by the
nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a grant shall be
subject to the approval of the conservancy and the execution of an
agreement between the conservancy and the transferee sufficient to
protect the interests of the state.
(5) The state shall have a right of entry and power of termination
in and over all interests in real property acquired with state
funds, which may be exercised if any essential term or condition of
the grant is violated.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state, except that, prior
to that termination, another public agency or nonprofit organization
may receive title to all or a portion of that interest in real
property, by recording its acceptance of title, together with the
conservancy's approval, in writing.
(7) Paragraphs (3) to (6), inclusive, shall apply to all transfers
of real property carried out under the provisions of Section 33354.
33356. The conservancy shall adopt guidelines setting priorities
and criteria for projects, based upon its assessment of program
requirements, institutional capabilities, and funding needs
throughout the region.
33357. The conservancy may expend funds and award grants,
pursuant to Section 33361, to facilitate collaborative planning
efforts, and to develop projects and programs that are designed to
further the purposes of this division.
33358. (a) The conservancy shall take whatever actions are
reasonably necessary and incidental to the management of lands or
interests in land under its ownership or control, and may initiate,
negotiate, and participate in agreements for the management of such
land or interests with public agencies or private individuals or
entities.
(b) The conservancy does not have the authority to regulate the
use of land by any other public agency or private landowner.
(c) The conservancy may improve or enhance lands for the purpose
of protecting the natural environment, improving public enjoyment of
or access to public lands, or otherwise meeting the objectives of
this division, and to carry out the planning and design of such
improvements or development.
(d) The conservancy may enter into an agreement with any public
agency for the construction, management, or maintenance of facilities
authorized by the conservancy.
33359. Subject to applicable provisions of Division 2 (commencing
with Section 66410) of Title 7 of the Government Code, the
conservancy may merge or split parcels of land, adjust boundary
lines, or take similar actions needed to facilitate the acquisition
and management of land.
33360. The conservancy may establish and operate mitigation banks
to carry out the purposes of this division.
33361. The conservancy may conduct or participate in educational
programs to advance the purposes of this division.
33362. The Sierra Nevada Conservancy Fund is hereby created.
Moneys in the fund shall be available, upon appropriation by the
Legislature, for the purposes of this division.
33363. The conservancy may receive gifts, donations, subventions,
grants, rents, royalties, and other financial assistance and funds
from public and private sources.
33364. The conservancy may fix and collect fees for any service
it renders. The amount of any fee may not exceed the conservancy's
reasonable cost and expense of providing the service rendered.
33365. Proceeds from any lease, rental, sale, exchange, or
transfer of land or interest or option therein, and any fees shall be
deposited in the fund for expenditure for the purposes of this
division.
33366. The conservancy shall make an annual report to the
Secretary of the Resources Agency and the Legislature including, but
not limited to, current year expenditures for any acquisitions, land
management costs, and administrative costs, as well as objectives and
priorities for the subsequent budget year.
33367. Notwithstanding any other provision herein, Sections
33334, 33335, 33336, 33337, 33339, 33340, 33350, 33351, 33354, 33355,
33356, 33357, 33358, 33359, 33360, 33361, 33364, 33365, and 33366
shall not become operative until the Legislature appropriates funds
necessary to carry out this division, or until a bond act approved by
the voters of this state includes an allocation of funds for the
purposes of this division.
Biography (excerpt - click above for more)
Elected on November 5, 2002, Assemblymember John Laird represents the 27th State Assembly District, which includes portions of Santa Cruz, Monterey, and Santa Clara Counties. Mr. Laird had seventeen years prior service in local elected office, including two terms on the Santa Cruz City Council, two terms as Mayor, and eight years as a Cabrillo College Trustee. He was sworn in as an Assemblymember on December 2, 2002.
Speaker Herb Wesson appointed Mr. Laird to chair the Assembly Environmental Safety and Toxic Materials Committee. The committee has jurisdiction over issues chiefly relating to water and air quality. Measures that come before the committee include protection of drinking water sources, leaking underground storage tanks, pesticides, school safety, coastal water quality, hazardous waste management, air pollution, and the financing and redevelopment of contaminated properties. He is one of only five first-term members to chair a major policy committee.
Mr. Laird has also been appointed Chair of the Assembly Select Committee on California Water Needs and Climate Change. The committee will focus on California water systems and how the key parts of the system – such as the Bay/Delta system and Sierra snowpack – could be affected by global climate change.
Assemblmember Laird serves as a member of the following committees: Judiciary; Labor and Employment; Natural Resources; Public Employees, Retirement and Social Security; and Revenue and Taxation. In addition, he has been appointed to the following Assembly Select Committees: Community Colleges; Wetlands; Silicon Valley Housing; Domestic Violence; Sustainability; California Infrastructure; and Equal Access to Preschool.
Mr. Laird has been active with the lesbian and gay community, as a columnist for the Lavender Reader, a commentator on "Closet Free Radio", a founding member of the International Network of Gay and Lesbian Officials--and was an original board member of BAYMEC, the gay and lesbian political action committee for San Mateo, Santa Clara, Monterey and Santa Cruz Counties. He also has served on the Santa Cruz Community Foundation's Advisory Committee for the Lesbian and Gay Grants Partnership.
-------------------------------------------------
TIM LESLIE, Author AB 1788
Assemblymember, 4th Assembly District
Biography (excerpt - click above for more)
In November 2000, Assemblyman Tim Leslie (R-Tahoe City) was elected to represent the Fourth Assembly District, a sprawling area encompassing Alpine, El Dorado, Placer, and part of Sacramento Counties. Prior to his election to the state Assembly, Leslie served for nine-and-a-half years in the state Senate and another four-and-a-half years in the Assembly.
Leslie is a strong conservative recognized for his ability to work with lawmakers of all ideologies. He has distinguished himself throughout his 16 years in the Assembly with his emphasis on improving education and health care, increasing public safety, and protecting the family and the needs of rural Californians. He has also been a trailblazer in the field of consumer privacy rights.
Leslie is respected as one of rural California’s foremost advocates. His most recent victories on behalf of rural California include an expansion of the services provided by rural hospitals and funding to help rural schools pay for the extraordinary costs of keeping schools open during harsh winter weather. Leslie’s Lake Tahoe Special License Plate Program has raised thousands of dollars for environmental projects in the Lake Tahoe basin.
A vast array of organizations have recognized the assemblyman as “Legislator of the Year, including the Regional Council of Rural Counties, the California School Board Association, the Sacramento Taxpayers’ League, the California Rifle and Pistol Association, Women in Timber, the Safari Club, and the California Probation Officers.
Other organizations that have recognized his contributions to making California a better state include: the National Tax Limitation Committee; the Advocates for Highway and Auto Safety; and Mothers Against Drunk Driving. The California Chamber of Commerce honored Assemblyman Leslie for having “one of the best voting records in the Legislature.”
In Spring 2003, the El Dorado County Farm Bureau gave him its annual “Friend of the Farm Bureau” award, and Digital California gave him recognition for supporting and shaping the future of “Digital California” in the Legislature.
Born in Ashland, Oregon, in 1942, Leslie moved to Southern California as a child. He attended Arcadia High School and went on to earn a degree in Political Science at California State University, Long Beach, and Master’s degree in Public Administration from the University of Southern California. In 1964, Leslie and his wife Clydene moved to Northern California, where he began work in both local government and private enterprises.
Prior to entering public service, Leslie was a founding director for the community-based organization, Community Action Against Drug Abuse Task Force. Governor George Deukmejian appointed Leslie in 1985 to the State Advisory Board on Drug Programs. In 1986, Leslie was elected the state Assembly.
The assemblyman serves on the following committees:
Rules
Arts, Entertainment, Sports, Tourism, and Internet Media
Banking & Finance
Transportation
Water, Parks & Wildlife (Vice Chair)
c/o The Sierra Fund
409 Spring Street
Nevada City, CA 95959
info@sierrafund.org
P: 530.265.8454
F: 530.265.8176
The Sierra Fund is a non-profit community foundation providing philanthropic stewardship and charitable support services to support environmental conservation in the Sierra Nevada region. We partner with private donors and public agencies to increase and organize investment in the land, air, water and human resources of the Sierra Nevada.The Sierra Fund
409 Spring Street
Nevada City, CA 95959
Phone: (530) 265-8454
Fax: (530) 265-8176
Email: info@sierrafund.org
Website: SierraFund.orgMichael Funk Chairman of the Board
David Welch Treasurer
Patty Brissenden Director
Martha Davis Director
Dr. Gerald Meral Director
Bill Newsom Director
Drummond Pike Director
The Mono Lake Committee is a non-profit citizen's group dedicated to protecting and restoring the Mono Basin Ecosystem; educating the public about Mono Lake and the impacts on the environment of excessive water use; and promoting cooperative solutions that protect Mono Lake and meet real water needs without transferring environmental problems to other areas.Lee Vining Office and Information Center
Corner of Hwy. 395 & 3rd Street
P.O. Box 29
Lee Vining, CA 93541
(760) 647-6595
Fax: (760) 647-6377
Voice Mail: (760) 647-6386
Lee Vining Chamber of Commerce Information: (760) 647-6629Co-Chair Sally Gaines, Mammoth Lakes
Co-Chair Ed Manning, Davis
Rich Atwater, La Canada
Martha Davis, Riverside
K. Ryan Hiete, Santa Monica
Amy Holm, Los Angeles
David Kanner, Redwood City
Andrea Lawrence, Mammoth Lakes
Guillermo Rodriguez Jr., San Francisco
Tom Soto, Santa Monica
Doug Virtue, San Pedro
| Adro Environmental Amador Land Trust American Land Conservancy American Rivers Butte Environmental Council California-Nevada Conference of Operating Engineers California Oak Foundation California Trout California Wilderness Coalition City of Nevada City Eastern Sierra Advocates Eastern Sierra Land Trust Ebbetts Pass Forest Watch Environment California Environmental Priorities Network Extasia, Inc. Foothill Conservancy Friends of Deer Creek Friends of Hope Valley Friends of the River | Grass Valley Neighbors Jumping Frog Research Institute Mono Lake Committee Mountain Area Preservation Foundation Mountain Lion Foundation Mountain Meadows Conservancy Natural Heritage Institute Placer Land Trust Planning and Conservation League Sacramento Valley Environmental Water Caucus Salmonid Restoration Federation Sequoia Riverlands Trust Sierra Foothills Audubon The Sierra Fund Sierra Nevada Alliance Sierra Buttes Lakes Basin Coalition Sierra Watch Snowlands Network South Yuba River Citizens League Truckee Donner Land Trust Tuolumne River Trust |
According to Sierraconservancy.org , supporters of the Sierra Conservancy (AB 2600) as of March 31, 2004 are as follows:
| Adro Environmental Amador Land Trust American Land Conservancy American Rivers Butte Environmental Council California-Nevada Conference of Operating Engineers California Oak Foundation California Trout California Wilderness Coalition City of Nevada City Eastern Sierra Advocates Eastern Sierra Land Trust Ebbetts Pass Forest Watch Environment California Environmental Priorities Network Extasia, Inc. Foothill Conservancy Friends of Deer Creek Friends of Hope Valley Friends of the River |
Grass Valley Neighbors Jumping Frog Research Institute Mono Lake Committee Mountain Area Preservation Foundation Mountain Lion Foundation Mountain Meadows Conservancy Natural Heritage Institute Placer Land Trust Planning and Conservation League Sacramento Valley Environmental Water Caucus Salmonid Restoration Federation Sequoia Riverlands Trust Sierra Foothills Audubon The Sierra Fund Sierra Nevada Alliance Sierra Buttes Lakes Basin Coalition Sierra Watch Snowlands Network South Yuba River Citizens League Truckee Donner Land Trust Tuolumne River Trust |
By YubaNet
Mar 24, 2004, 16:36
In a short meeting on Monday evening Nevada City councilmembers voted unanimously to endorse AB 2600, also known as the Sierra Nevada Conservancy Act.
The proposed assembly bill is an amendement to the Public Resources Code and is sponsored by Assemblyman John Laird. The Sierra Nevada Conservancy will coordinate investment of existing federal and state monies allocated to water quality and water quantity improvements, watershed restoration, investment in working ranches and farms, recreation and education. Currently, investment in the region’s water, land, forest and human resources is inefficiently administered by more than a dozen state and federal agencies.
Assembly Bill 2600 protects the rights of private property owners by allowing willing buyers to purchase land or easements from willing sellers only. This bill will not allow local governments to interfere in or veto transactions that are supported or sponsored by a private property owner.
The bill creates no new regulatory powers for local, state or federal government agencies and does not mandate new costs by local and county government in the Sierra.
For more information about AB 2600, visit Sierraconservancy.org
Mon, Apr 19, 2004 9:30 am
Sacramento
Sierra Lobby DayJoin the Sierra Nevada Alliance and Sierra Fund on Monday, April 19, 2004 at the Sacramento Capitol for a Sierra Lobby Day
Ensure that California legislators know that Sierra lands, water, wildlife and communities need their support!
The Sierra Fund will provide a delicious breakfast at 9:30 am and participants will get briefings on legislation regarding the Sierra Nevada Conservancy and other bills important to our region. There will be plenty of time for you to visit your own legislators too.
At 1:30, the Assembly Natural Resources Committee will hear AB 2600 the Sierra Conservancy legislation by Assembly Member John Laird and AB 1788 by Assembly Member Tim Leslie . We’d love to pack this hearing room with Sierrans who want AB 2600 and a Sierra Conservancy.
Source: Sierra Nevada Alliance
“A Sierra Conservancy will give people in the Sierra a seat at the table,”Guys, THAT is just another variation of the diabolical and damnable LIE, "We're from the government, we're here to help YOU!" These "conservancies" give give rabid environmentalists power to control YOUR property rights through "consensus" meetings where "people" are RAILROADED through to the wishes of their "leaders". "People" who live in the affected {afflicted?} area have little if anything to say about the "conservation" of their property, AND the "conservation" of the lives they might want to leave their offspring. These governmental "conservancies" are pure unadulterated EVIL!!!!!!!! PLEASE alert all locals. Peace and love, George.
Here's some ammo to show the devastation that mismanagement of the commons has wrought. The ESA and watermelon agencies are creating jungles out of valuable properties.
Sierra Nevada ConservancyState legislation has been introduced to again attempt to create a Sierra Nevada Conservancy. Two bills are now pending in the State Assembly, with a hearing on both set for April 19 in Sacramento with the Assembly Natural Resources Committee. Assemblyman Tim Leslie (R-Tahoe City) introduced AB 1788 on January 5.
Assemblyman John Laird (DSanta Cruz) introduced AB 2600 on February 20. Both bills establish a new state agency known as the Sierra Nevada Conservancy, covering numerous counties but excluding the Lake Tahoe region (it already has a conservancy). The Conservancy would have powers to acquire private land or interests.
In AB 1788, the Conservancy’s operations would be funded either as part of the State Budget or as bond acts allocate monies. In AB 2600, $30 million from Prop 50 would be its funding source. Another notable difference between the two bills is that AB 1788 requires “a resolution in support of that acquisition and the land management plan applicable to the acquisition has been approved by the county or city that exercises general planning authority and jurisdiction over that parcel.” (Section 33351 (c)) CABPRO asked for that when the first Sierra Nevada Conservancy bill was working its way through Sacramento in 2002! However, AB 2600 does not seek support from the local jurisdiction. There are other differences as well. These differences will be presented in the next issue of our newsletter.
Partly as a result of increasing acquisitions for open space and other preservation purposes, Field Director Pat Davison has written a discussion draft supporting property tax reimbursement back to the counties when these private parcels or development rights are taken off the tax rolls. The concept entails adding an additional amount onto the purchase price that represents a one-time lump sum to be given to the affected county.
Although the federal government has a program in place to “pay” counties an amount per acre of federal lands (i.e. PILT = Payment In Lieu of Taxes), the state has no such program. So when expansion of Donner State Park or South Yuba State Park occurs, the state pays the property owner for the land but there is no payment or consideration given to the county that had previously received property tax income from the land.
Some opposition to that concept has arisen, based on the potential that the neighboring property tax value increases because the adjacent property now abuts open space.
No quantification of that potential increase has been done in Nevada County. Also, the suggestion that increased tourism, and more tax revenue, will result from more open space has not been quantified at the local level either.
Your CABPRO Board will be discussing our position on both Conservancy bills and the “property tax reimbursement” concept at future meetings.
Contact the office if you want a copy of the “property tax reimbursement” discussion draft, or download it from our website.
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