Bill Text: CA AB720 | 2023-2024 | Regular Session | Amended
Bill Title: California Rangeland, Grazing Land, and Grassland Protection Program: grants for local programs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2023-09-01 - In committee: Held under submission. [AB720 Detail]
Download: California-2023-AB720-Amended.html
|
Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 720
| Introduced by Assembly Member Addis |
February 13, 2023 |
An act to amend Section 5011 of the Public Resources Code, relating to state parks. Sections 10331, 10335, 10335.5, 10336, 10337, 10342, 10343, and 75055 of, to amend and renumber Section 10344 of, to add the headings of Part 1 (commencing with Section 10330) and Part 2 (commencing with Section 10334) to Division 10.4 of, and to add Part 3 (commencing with Section 10350) to Division 10.4 of, the Public Resources Code, and to amend Section 79707 of the Water Code, relating to grazing land.
LEGISLATIVE COUNSEL'S DIGEST
AB 720, as amended, Addis.
State parks: discount programs: Golden Bear Pass. California Rangeland, Grazing Land, and Grassland Protection Program: grants for local programs.
The Rangeland, Grazing Land, and Grassland Protection Act requires the Wildlife Conservation Board to carry out the California Rangeland, Grazing Land, and Grassland Protection Program to protect California’s rangeland, grazing land, and grasslands through the use of conservation easements. Under existing law, the program provides for grants for the acquisition of conservation easements to protect, restore, or enhance rangeland, grazing land, or grassland, and sustain the character of specified property.
This bill would expand the California Rangeland, Grazing Land, and Grassland Protection Program by requiring the board to administer a program to award grants to eligible entities, as defined, to administer, plan, and implement local
programs to enhance or restore California’s private rangelands, as specified. The bill would authorize the board to develop program grant guidelines. The bill would require the board and any program grantee, in evaluating proposed projects, to evaluate the ability of the project to meet the purposes of the California Rangeland, Grazing Land, and Grassland Protection Program and to consider specified selection criteria. The bill would permit the board to authorize a program grantee to use not more than 30% of the grant moneys for specified administrative, outreach, and assistance purposes relating to the grant program. The bill would require each program grantee, on or before a date determined by the board in the grant agreement, to submit to the board an annual report describing and evaluating the implementation of the project and the use of the grant moneys for the project during the previous year, as specified.
This bill would recast certain
provisions of the Rangeland, Grazing Land, and Grassland Protection Act and make conforming changes.
Existing law authorizes the Department of Parks and Recreation to collect fees, rents, and other returns for use of any state park system area, as provided. Existing law establishes the “Golden Bear Pass” as a discount program available to persons who meet specified criteria for the use of state park facilities. Existing law requires the department to waive, until July 1, 2024, the $5 fee to obtain the “Golden Bear Pass.”
This bill would make a nonsubstantive change regarding the “Golden Bear Pass” discount program.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The heading of Part 1 (commencing with Section 10330) is added to Division 10.4 of the Public Resources Code, to read:PART 1. General Provisions
SEC. 2.
Section 10331 of the Public Resources Code is amended to read:10331.
The California Rangeland, Grazing Land, and Grassland Protection Program is hereby established to protect California’s rangeland, grazing land, and grasslands through the use of conservation(a) To prevent the conversion of rangeland, grazing land, and grassland to nonagricultural uses.
(b) To protect the
long-term sustainability of livestock grazing.
(c) To ensure continued wildlife, water quality, watershed, and open-space benefits to the State of California from livestock grazing.
SEC. 3.
The heading of Part 2 (commencing with Section 10334) is added to Division 10.4 of the Public Resources Code, to read:PART 2. Conservation Easements
SEC. 4.
Section 10335 of the Public Resources Code is amended to read:10335.
Funds expended pursuant to thisSEC. 5.
Section 10335.5 of the Public Resources Code is amended to read:10335.5.
(a) Any eligible projects funded under this(b) Of the total amount of funds derived from the proceeds of bonds and appropriated by Section 2 of the act adding this division, Chapter 984 of the Statutes of 2002,
the board may not expend more than 5 percent for associated programmatic costs.
SEC. 6.
Section 10336 of the Public Resources Code is amended to read:10336.
The board may adopt guidelines to implement the conservation easement program, including the establishment of procedures and a schedule for submittal of applications for grants and a requirement that conservation easements be monitored not less than every two years. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines adopted pursuant to this section.SEC. 7.
Section 10337 of the Public Resources Code is amended to read:10337.
A conservation easement may be acquired pursuant to this(a) The productivity or potential productivity of the land.
(b) The long-term economic viability of the property.
(c) The threat to the property of urban or intensified rural development.
(d) The presence of scenic open-space or viewshed, historic, or archeological values, or unique geologic features.
(e) The presence of water resources, including groundwater recharge.
(f) The presence of vegetation with ecological significance, such as oak woodlands, forests, riparian corridor, or native vegetation.
(g) The quality of the soil.
(h) The location of the property relative to an urban sphere of influence.
(i) The location of the property relative to other properties preserved by conservation easements.
(j) Whether protecting this property will assist in protecting other lands.
(k) The geographic concentration of other rangelands, grazing lands, and grasslands.
SEC. 8.
Section 10342 of the Public Resources Code is amended to read:10342.
Any conservation easement, money, or other asset acquired pursuant to thisSEC. 9.
Section 10343 of the Public Resources Code is amended to read:10343.
(a) Nothing in this(b) Nothing in this division part diminishes any existing land or water right held by an existing easement holder in any property for which acquisition of a conservation easement is proposed.
(c) An existing mineral rights holder, as identified in the public records in the county where the property is located, shall be given notice of intent to purchase a conservation easement. The notice may be given by any means authorized by statute.
SEC. 10.
Section 10344 of the Public Resources Code is amended and renumbered to read:10344.10333.
The board may coordinateSEC. 11.
Part 3 (commencing with Section 10350) is added to Division 10.4 of the Public Resources Code, to read:PART 3. Grants for Local Programs
10350.
For purposes of this part, the following definitions apply:(a) “Certified rangeland manager” has the same meaning as defined in Section 1651 of Title 14 of the California Code of Regulations.
(b) “Eligible entity” means a regional conservancy, resource conservation district, nonprofit organization, local governmental agency, state agency, federal agency, California Native American tribe, or other entity as identified by the board.
(c) “Local program” means a local program implemented by a program grantee within a defined area of consistent or connected ecosystem values to meet the
purposes of this division.
(d) “Management plan” includes, but is not limited to, a conservation or grazing plan prepared pursuant to this part or adopted by the federal Natural Resources Conservation Service, or other applicable habitat management plan that meets the purposes of this division.
(e) “Private rangeland” means land not owned, operated, or managed by a local, state, or federal governmental entity, authority, or public corporation on which the existing vegetation, whether growing naturally or through management, is suitable for grazing or browsing of domestic livestock for at least a portion of the year.
(f) “Program” means the grant program established pursuant to Section 10351.
(g) “Program grantee” means an eligible entity awarded a grant to administer, plan, and implement local programs to meet the purposes of this division.
(h) “Project” means an agreement between a program grantee and a landowner or lessee of private rangelands to award grant moneys to the landowner or lessee to implement conservation ranching practices on the subject property that meet the purposes of this division.
(i) “Regional conservancy” means the Baldwin Hills Conservancy, California Tahoe Conservancy, Coachella Valley Mountains Conservancy, Sacramento-San Joaquin Delta Conservancy, San Diego River Conservancy, San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, San Joaquin River Conservancy, Santa Monica Mountains Conservancy, Sierra Nevada Conservancy, State Coastal Conservancy, or any other
conservancy established by law.
(j) “Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with Section 9001).
(k) “Subject property” means a property, or portion of a property, proposed to be covered by the grant.
10351.
(a) As part of the California Rangeland, Grazing Land, and Grassland Protection Program, the board shall administer a program to award grants to eligible entities to administer, plan, and implement local programs to enhance or restore California’s private rangelands.(b) Any funds appropriated to the board for purposes of this division on or after January 1, 2024, except for bond funds, may be used to award grants pursuant to this part.
(c) The board shall use not more than 5 percent of the moneys appropriated for purposes of the division for its costs to administer this part.
10352.
(a) The board may develop program grant guidelines, which shall include eligibility and selection criteria that further the purposes of this division.(b) In evaluating proposed projects, the board and any program grantee shall evaluate the ability of the project to meet the purposes of this division and shall consider the following selection criteria:
(1) The potential for restoring, enhancing, and protecting biodiversity on the subject property.
(2) Threats to the subject property, including risk of destruction, drastic modification, or
significant curtailment of habitat values.
(3) The proximity of the subject property to a state wildlife area, national wildlife refuge, or land enrolled in a conservation easement or wildlife conservation program.
(4) Additional environmental benefits to natural resource values such as climate resilience, stewardship of healthy soils, wildfire resilience, protection of wetland and riparian areas, conservation of special status species, and groundwater recharge.
(5) The potential to increase the diversity and abundance of native species and decrease the abundance of invasive species.
(6) The ability of the program grantee to ensure that the management
plan and local program will be completed and managed by individuals with adequate expertise in rangeland management to meet the purposes of this division.
(7) The project is managed by a socially disadvantaged farmer or rancher as defined in Section 512 of the Food and Agricultural Code or a beginning farmer or rancher as defined in Section 3430.602 of Title 7 of the Code of Federal Regulations.
(c) The board may authorize a program grantee to use not more than 30 percent of the grant for all of the following purposes:
(1) To assist the board in the design, outreach, implementation, and monitoring of the program.
(2) To assist landowners or lessees of private rangelands in the design and implementation
of projects.
(3) To provide direct technical assistance to landowners or lessees of private rangelands to access grant moneys.
(4) To assist landowners or lessees of private rangelands in the preparation of management plans.
(5) To contract for technical assistance providers to assist landowners or lessees to prepare, implement, and monitor management plans.
(d) (1) The board shall require a management plan prepared pursuant to this part be completed by a person or entity with adequate expertise in rangeland management to meet the purposes of this division, which may include a person who is a certified rangeland manager, or a person
supervised by a certified rangeland manager.
(2) The board shall require a management plan prepared pursuant to this part to include science-based goals and actions and measurable outcomes to maintain or improve the ecological function of the rangeland, including, but not limited to, supporting a diversity and abundance of native species and other benefits, such as climate resilience.
(e) All practices funded pursuant to this part shall be consistent with biodiversity conservation management, including conserving and managing native plant communities.
10353.
At a minimum, each application for a project shall contain all of the following:(a) The designation of the landowner of record and any lessee, and the legal description and the assessor’s parcel number of the subject property.
(b) A proposed management plan that would meet the purposes of this division. In the absence of a management plan at the time of the project application or award, the landowner or any lessee shall agree to cooperate with the program grantee and the board to create a management plan as part of the grant agreement.
(c) Any additional
requirements that the board determines are desirable to effectuate the purposes of this division.
10354.
(a) On or before a date determined by the board in the grant agreement, a program grantee shall submit to the board an annual report describing and evaluating the implementation of a project funded pursuant to this part and the use of the grant moneys for the project during the previous year.(b) The report shall include, but not be limited to, all of the following:
(1) A description of activities taken to meet the objectives of the grant.
(2) The number of acres impacted by the project.
(3) The aggregate number of acres receiving benefits from the project.
(4) The benefits provided by the project, including benefits to native species, or other natural resource concerns such as climate resilience, stewardship of healthy soils, wildfire resilience, protection of wetland and riparian areas, conservation of special status species, and groundwater recharge.
(5) A budget and accounting of expenditures of grant funds, including disbursements from the program grant.
(c) The board may require additional monitoring to evaluate the effectiveness of the program. The board may authorize additional grant funds to be used for monitoring and to assess a project’s performance in
meeting the purposes of this division. Metrics for project performance may include, but are not limited to, changes in the abundance or species richness of native species, increased soil health, carbon sequestration, enhanced water quality, or increased resilience to the impacts of climate change.
(d) If a program grantee is awarded grant moneys pursuant to this part for multiple projects, it shall submit a separate report for each project pursuant to this section.
(e) As required by the board in the grant agreement, the program grantee shall submit to the board a final project report consistent with the requirements of this section.
SEC. 12.
Section 75055 of the Public Resources Code is amended to read:75055.
The sum of four hundred fifty million dollars ($450,000,000) shall be available for the protection and conservation of forests and wildlife habitat according to the following schedule:(a) Notwithstanding Section 13340 of the Government Code, the sum of one hundred eighty million dollars ($180,000,000) is continuously appropriated to the board for forest conservation and protection projects. The goal of this grant program is to promote the ecological integrity and economic stability of California’s diverse native forests for all their public benefits through forest conservation, preservation and restoration of productive managed forest lands, forest reserve areas, redwood forests and other forest types, including the conservation of water
resources and natural habitats for native fish, wildlife and plants found on these lands.
(b) (1) Notwithstanding Section 13340 of the Government Code, the sum of one hundred thirty five million dollars ($135,000,000) is hereby continuously appropriated to the board for the development, rehabilitation, restoration, acquisition and protection of habitat that accomplishes one or more of the following objectives:
(A) Promotes the recovery of threatened and endangered species.
(B) Provides corridors linking separate habitat areas to prevent fragmentation.
(C) Protects significant natural landscapes and ecosystems such as old growth redwoods, mixed conifer forests and oak woodlands, riparian and wetland areas, and other significant
habitat areas.
(D) Implements the recommendations of California Comprehensive Wildlife Strategy, as submitted October 2005 to the United States Fish and Wildlife Service.
(2) Funds authorized by this subdivision may be used for direct expenditures or for grants and for related state administrative costs, pursuant to the Wildlife Conservation Law of 1947, Chapter 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code, Code), the Oak Woodland Conservation Act, Article
Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code, Code), and the California Rangeland, Grazing Land and Grassland Protection Act, commencing with Section 10330 of Division 10.4. Part 2 (commencing with Section 10334) of Division 10.4. Funds scheduled in this subdivision may be used to prepare management plans for properties acquired by the Wildlife Conservation Board and for the development of scientific data, habitat mapping and other research information necessary to determine the priorities for restoration and acquisition
statewide.
(3) Up to twenty five million dollars ($25,000,000) may be granted to the University of California for the Natural Reserve System for matching grants for land acquisition and for the construction and development of facilities that will be used for research and training to improve the management of natural lands and the preservation of California’s wildlife resources.
(c) The sum of ninety million dollars ($90,000,000) shall be available to the board for grants to implement or assist in the establishment of Natural Community Conservation Plans, Plans pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(d) The sum of forty five
forty-five million dollars ($45,000,000) shall be available for the protection of ranches, farms, and oak woodlands according the following schedule:
(1) Grazing land protection pursuant to the California Rangeland, Grazing Land and Grassland Protection Act, commencing with Section 10330 of Division 10.4 . Part 2 (commencing with Section 10334) of Division 10.4. . . $15,000,000.
(2) Oak Woodland Preservation pursuant to Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code . . . $15,000,000.
(3) Agricultural land preservation pursuant to the California Farmland Conservancy Program Act of 1995, Article 1 (commencing with Section 10200) of Division 10.2 . (Division 10.2 (commencing with Section 10200)). . . $10,000,000.
(4) To the board for grants to assist farmers in integrating agricultural activities with ecosystem restoration and wildlife protection . . . $5,000,000.
SEC. 13.
Section 79707 of the Water Code is amended to read:79707.
It is the intent of the people that:(a) The investment of public funds pursuant to this division will result in public benefits that address the most critical statewide needs and priorities for public funding.
(b) In the appropriation and expenditure of funding authorized by this division, priority will be given to projects that leverage private, federal, or local funding or produce the greatest public benefit.
(c) A funded project advances the purposes of the chapter from which the project received funding.
(d) In making decisions regarding water resources, state and local water agencies
will use the best available science to inform those decisions.
(e) Special consideration will be given to projects that employ new or innovative technology or practices, including decision support tools that support the integration of multiple jurisdictions, including, but not limited to, water supply, flood control, land use, and sanitation.
(f) Evaluation of projects considered for funding pursuant to this division will include review by professionals in the fields relevant to the proposed project.
(g) To the extent practicable, a project supported by funds made available by this division will include signage informing the public that the project received funds from the Water Quality, Supply, and Infrastructure Improvement Act of 2014.
(h) Projects
funded with proceeds from this division will be consistent with Division 7 (commencing with Section 13000) of this code and Section 13100 of the Government Code.
(i) Projects funded with proceeds from this division will promote state planning priorities consistent with the provisions of Section 65041.1 of the Government Code and sustainable communities strategies consistent with the provisions of subparagraph (B) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code, to the extent feasible.
(j) California’s working agricultural and forested landscapes will be preserved wherever possible. To the extent feasible, watershed objectives included in this division should be achieved through use of conservation easements and voluntary landowner participation, including, but not limited to, the use of easements pursuant to Division 10.2 (commencing with Section 10200)
and
Part 2 (commencing with Section 10334) of Division 10.4 (commencing with Section 10330) of the Public Resources Code and voluntary habitat credit exchange mechanisms.
(a)Any person receiving aid to the aged, blind, or disabled under Chapter 3 (commencing with Section 12000) of Part 3 of Division 9 of the Welfare and Institutions Code, any person receiving aid to families with dependent children under Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code, or any person over 62 years of age whose total monthly income from all sources, including any old age assistance payments, does not exceed the amount specified in subdivision (c) of Section 12200 of the Welfare and Institutions Code for a single person, or in subdivision (d) of that section for married persons, as adjusted pursuant to Section 12201 of that code, upon application therefor and payment of five dollars ($5)
to the Department of Parks and Recreation, shall be issued a “Golden Bear Pass” that is valid for the specified year and entitles the bearer and spouse to free use on any day of the day-use facilities in units of the state park system, except Hearst San Simeon State Historical Monument, Sutter’s Fort State Historic Park, and the California State Railroad Museum, under limitations as may be determined by departmental regulation regarding peak hours and contractual arrangements with vendors. The pass shall entitle the bearer and spouse to have access only to day-use facilities and not to the use of any other facilities.
(b)The department shall not grant half price privileges or offer any discount for the use of state park system facilities on the basis of the pass authorized by this section.
(c)Notwithstanding subdivision (b), the department shall develop and implement, on or before January 1, 1986, a senior discount program for the use of state park system facilities. The program may be modified after January 1, 1991, to include a “Golden Bear Senior Pass” available to any person over 62 years of age for an annual fee fixed by the department, valid for the specified year, and entitling the bearer and spouse to the use of day and camping facilities as specified by the department. The department shall set the fee for the “Golden Bear Senior Pass” and shall specify the facilities and times for which the pass is valid so as to minimize any loss in total annual park revenues to the department.
(d)(1)Notwithstanding subdivision (b), on and after July 1, 2021, the department shall waive the
five-dollar ($5) fee to obtain the “Golden Bear Pass” described in subdivision (a).
(2)This subdivision shall become inoperative on July 1, 2024.
