Bill Text: CA SB39 | 2023-2024 | Regular Session | Chaptered

California Senate Bill 39

Bill Title: Sierra Nevada Conservancy: Sierra Nevada Region: subregions: climate resilience and equity.

Spectrum: Bipartisan Bill

Status: (Passed) 2023-07-13 - Chaptered by Secretary of State. Chapter 70, Statutes of 2023. [SB39 Detail]

Download: California-2023-SB39-Chaptered.html

Senate Bill No. 39

CHAPTER 70

An act to amend Sections 33301, 33302, 33320, and 33322 of the Public Resources Code, relating to resource conservation.

[ Approved by Governor July 13, 2023. Filed with Secretary of State July 13, 2023. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 39, Laird. Sierra Nevada Conservancy: Sierra Nevada Region: subregions: climate resilience and equity.

Existing law establishes the Sierra Nevada Conservancy in the Natural Resources Agency and prescribes the functions and duties of the conservancy with regard to the preservation of specified lands in the Sierra Nevada Region, as defined, and the 6 subregions, as defined, in which the Sierra Nevada Region is located.

This bill would revise and recast the definition of “subregion.” The bill would require the conservancy to support efforts that advance climate resilience and equity. The bill would also revise certain legislative findings related to the conservancy and make nonsubstantive and conforming changes.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO

The people of the State of California do enact as follows:

SECTION 1.

Section 33301 of the Public Resources Code is amended to read:

33301.

The Legislature finds and declares all of the following:

(a) The Sierra Nevada Region is a globally significant area, including many national and state parks, the highest peaks in the 48 contiguous states, and large, pristine areas that are open for public use.

(b) The Sierra Nevada Region is an important part of the state’s economy, providing substantial agricultural products, timber resources, ranching, mining, tourism, and recreation.

(c) The Sierra Nevada Region provides drinking water to 75 percent of Californians 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.

(d) In cooperation with local governments, private businesses, nonprofit organizations, tribal organizations, federal agencies, other California state governmental entities, 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, archaeological, historical, and living resources.

(3) Aid in the preservation of working landscapes.

(4) Reduce the risk of natural disasters, such as wildfires.

(5) Protect and improve water and air quality.

(6) Assist the regional economy through the operation of the conservancy’s program.

(7) Identify the highest priority projects and initiatives for which funding is needed.

(8) Undertake efforts to enhance public use and enjoyment of lands owned by the public.

(9) Support efforts that advance both environmental preservation and the economic well-being of Sierra residents in a complementary manner.

(10) Support efforts that advance climate resilience and equity.

SEC. 2.

Section 33302 of the Public Resources Code is amended to read:

33302.

For purposes of this division, the following terms shall apply:

(a) “Board” means the Governing Board of the Sierra Nevada Conservancy.

(b) “Conservancy” means the Sierra Nevada Conservancy.

(d) “Local public agency” means a city, county, district, or joint powers authority.

(e) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code, and whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division.

(f) (1) “Region” or “Sierra Nevada Region” means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tulare, Tuolumne, and Yuba, described as the area bounded as follows:

(2) On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slope’s blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and up to the southern boundary of the Pit River watershed where Bear Creek Mountain Road and Dry Creek Road intersect; the southern boundary of the Pit River watershed; the western boundary of the upper Trinity watershed in the County of Trinity; on the north by the boundary of the upper Trinity watershed in the County of Trinity and the upper Sacramento, McCloud, and Pit River watersheds in the County of Siskiyou; and within the County of Modoc, the easterly boundary of the Klamath River watershed; and on the north in the County of Modoc by the northern boundary of the State of California; excluding both of the following:

(A) The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as “region.”

(B) The San Joaquin River Parkway, as described in Section 32510.

(g) “Subregions” means the six subregions in which the Sierra Nevada Region is located, described as follows:

(1) The northwest Sierra subregion, comprising the Counties of Shasta, Siskiyou, Tehama, and Trinity.

(2) The northeast Sierra subregion, comprising the Counties of Lassen, Modoc, Plumas, and Sierra.

(3) The north central Sierra subregion, comprising the Counties of Butte, Nevada, Placer, and Yuba.

(4) The south central Sierra subregion, comprising the Counties of Amador, Calaveras, El Dorado, and Tuolumne.

(5) The southeast Sierra subregion, comprising the Counties of Alpine, Inyo, Kern, and Mono.

(6) The southwest Sierra subregion, comprising the Counties of Fresno, Madera, Mariposa, and Tulare.

(h) “Tribal organization” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following:

(1) Recognized by the United States and identified within the most current Federal Register.

(2) Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe.

SEC. 3.

Section 33320 of the Public Resources Code is amended to read:

33320.

There is in the Natural Resources Agency the Sierra Nevada Conservancy, which is created as a state agency to do all of the following, working in collaboration and cooperation with local governments and interested parties:

(a) Provide increased opportunities for tourism and recreation.

(b) Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources.

(d) Reduce the risk of natural disasters, such as wildfires.

(e) Protect and improve water and air quality.

(f) Assist the regional economy through the operation of the conservancy’s program.

(g) Identify the highest priority projects and initiatives for which funding is needed.

(h) Undertake efforts to enhance public use and enjoyment of lands owned by the public.

(i) Support efforts that advance both environmental preservation and the economic well-being of Sierra residents in a complementary manner.

(j) Support efforts that advance climate resilience and equity.

SEC. 4.

Section 33322 of the Public Resources Code is amended to read:

33322.

Members and alternates, if any, shall serve terms as follows:

(a) The members appointed pursuant to subparagraphs (C) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 33321 shall serve at the pleasure of the appointing power.

(b) The members and alternates, if any, appointed under subparagraph (F) of paragraph (1) of subdivision (a) of Section 33321 shall serve, as follows:

(1) Members and alternates in the northwest Sierra subregion, the north central Sierra subregion, and the southeast Sierra subregion shall have terms beginning on January 1 in an odd-numbered year and ending on December 31 of the following even-numbered year. All terms shall be for two years.

(2) Members and alternates in the northeast Sierra subregion, the south central Sierra subregion, and the southwest Sierra subregion shall have terms beginning on January 1 in an even-numbered year and ending on December 31 in the following odd-numbered year. Members and alternates who are initially appointed to the board shall serve for a one-year term for the first year. Subsequent terms shall be for two years.

(c) No member of the board, whose appointment to the board was contingent upon meeting a condition of eligibility under this division, shall serve beyond the time when the member ceases to meet that condition.