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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.