Bill Text: CA SB1244 | 2021-2022 | Regular Session | Amended

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Bill Title: Department of Fish and Wildlife: Public Resources Account.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-19 - May 19 hearing: Held in committee and under submission. [SB1244 Detail]

Download: California-2021-SB1244-Amended.html

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Amended  IN  Senate  March 16, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1244

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Introduced by Senator Cortese

February 17, 2022

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An act to add Section 3700.3 to the Fish and Game Code, relating to wildlife.

LEGISLATIVE COUNSEL'S DIGEST

SB 1244, as amended, Cortese. Wildlife habitat: birds. Department of Fish and Wildlife: Public Resources Account.

Under existing law, the Tobacco Tax and Health Protection Act of 1988, as added by Proposition 99 at the November 8, 1988, statewide general election, establishes the Cigarette and Tobacco Products Surtax Fund and authorizes moneys in the fund to be appropriated for specified purposes. Existing law establishes 6 separate accounts in that fund, including, among others, the Public Resources Account. Existing law requires the Public Resources Account to be available for appropriation only in equal amounts for both programs to protect, restore, enhance, or maintain fish, waterfowl, and wildlife habitat on an equally funded basis and programs to enhance state and local park and recreation resources.

This bill would transfer the moneys appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund for programs to protect, restore, enhance, or maintain waterfowl habitat to the Department of Fish and Wildlife. The bill would require the department to use the moneys received from the Public Resources Account for programs to protect, restore, enhance, or maintain waterfowl habitat, as specified.

Existing law requires a person to procure a hunting license and a state duck hunting validation to take migratory birds, as specified. Under existing law, moneys derived from state duck hunting validations are required to be deposited in the State Duck Stamp Account in the Fish and Game Preservation Fund. Existing law authorizes moneys in the account to be used for, among other things, projects or endowments approved by the Fish and Game Commission for the purpose of protecting, preserving, restoring, enhancing, and developing migratory waterfowl breeding and wintering habitat, evaluating habitat projects, and conducting waterfowl resource assessments and other waterfowl-related research.

This bill would express the intent of the Legislature to enact subsequent legislation relating to protecting, restoring, and enhancing waterfowl habitat.

Digest Key

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

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Bill Text

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

SECTION 1.

 The Legislature finds and declares all of the following:

(a) California is the winter home to more than 60 percent of the migratory waterfowl of the Pacific Flyway, yet 90 percent of the wetland habitat for these waterfowl is either destroyed or adversely impacted.

(b) The loss of wetland habitat in California has resulted in a decline in migratory waterfowl populations.

(c) The significant loss of this unique habitat type has also resulted in dramatic declines in many other fish and wildlife species and has contributed to the listing of over one-half of California’s threatened or endangered species.

(d) In 1986, to address the decline of North American waterfowl populations, the federal governments of the United States, Mexico, and Canada agreed to implement the North American Waterfowl Management Plan. When the plan was established, it identified the seven most important waterfowl habitat regions throughout North America that were in greatest need of wetland restoration. California’s central valley was one of these initial seven priority areas. To carry out the purposes of this plan and address the decline of waterfowl habitat in California’s central valley, state and federal resource agencies joined with private conservation groups and established the Central Valley Habitat Joint Venture. More recently, the San Francisco Bay Joint Venture and the Intermountain West Joint Venture were similarly established to address the significant habitat loss in other areas of the state.

(e) The Department of Fish and Wildlife is a partner in each of these joint ventures and is the lead state resource agency in California’s wetland and waterfowl conservation effort. The department has the staff expertise and programs in place to best deliver waterfowl conservation for the state.

(f) The Tobacco Tax and Health Protection Act of 1988 was established by Proposition 99, as approved by the voters at the November 8, 1988, statewide general election. Among other things, the act created a Cigarette and Tobacco Products Surtax Fund in the State Treasury. The fund consists of six separate accounts, including the Public Resources Account, which makes funding available in equal amounts to both programs that protect, restore, enhance, or maintain fish, waterfowl, and wildlife habitat on an equally funded basis and programs that enhance state and local park and recreation resources.

(g) Because the Department of Fish and Wildlife has statutory powers relating to protecting, restoring, enhancing, and maintaining fish, waterfowl, and wildlife habitat, the department should be the sole agency to expend funds in the Public Resources Account for programs relating to those purposes.

SEC. 2.

 Section 3700.3 is added to the Fish and Game Code, to read:

3700.3.

 (a) Moneys appropriated from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund pursuant to subparagraph (A) of paragraph (5) of subdivision (b) of Section 30122 of the Revenue and Taxation Code for programs to protect, restore, enhance, or maintain waterfowl habitat shall be transferred to the department.

(b) The department shall use the moneys received pursuant to this section for programs to protect, restore, enhance, or maintain waterfowl habitat, including, but not limited to, projects that manage wetland restoration and enhancement activities on Type A and Type B state wildlife areas, as defined in paragraphs (1) and (2) of subdivision (e) of Section 551 of Title 14 of the California Code of Regulations.

SECTION 1.Section 3700.3 is added to the Fish and Game Code, to read:

3700.3.

It is the intent of the Legislature to enact subsequent legislation relating to protecting, restoring, and enhancing waterfowl habitat.