California 2013-2014 Regular Session Status: Enacted

SB 749 — Habitat protection: endangered species.

Last action — Chaptered by Secretary of State. Chapter 387, Statutes of 2013.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2013. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

(1) Existing law authorizes the Department of Fish and Wildlife to enter into contracts or other agreements with nonprofit conservation groups, as specified, for the management and operation of department-managed lands, defined to include public shooting grounds, state marine recreational management areas, ecological reserves, and wildlife management areas. Existing law states that it is the policy of the state to maintain sufficient populations of all species of wildlife and native plants and the habitat necessary to insure their continued existence at the optimum levels possible to insure, among other things, the policy to perpetuate native plants and all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to humanity. The California Constitution establishes the Fish and Game Commission and provides for the delegation to the commission of powers relating to the protection and propagation of fish and game, including the conservation and enhancement of bird habitat. This bill would authorize the department to lease department-managed lands for agricultural activities, as specified. The bill would authorize, upon appropriation by the Legislature, the moneys collected from those agricultural leases to be used to support the management, maintenance, restoration, and operations of department-managed lands. The bill would require the department to annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including anticipated habitat conditions in the hunting areas on Type A and Type B Wildlife Areas, as defined under the commission's regulations, through public meetings or other public outreach. In complying with these provisions, the bill would authorize the department to hold regional meetings on its hunting programs for several different wildlife areas. (2) The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. This bill, until January 1, 2017, would establish an alternate process for the review of a petition, including public hearings and public comment. (3) The California Endangered Species Act also provides, until January 1, 2014, that the accidental take of candidate, threatened, or endangered species resulting from acts that occur on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act. This bill would make a technical change to these provisions and extend this exception to January 1, 2020. The bill would define "accidental" for these purposes. (4) The California Endangered Species Act, until January 1, 2014, provides for the development and implementation of a recovery strategy pilot program for coho salmon. This bill would extend these provisions to January 1, 2017. (5) Existing law regulates water transfers and, among other things, allows a permittee or licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change, would not injure any legal user of the water, and would not unreasonably affect fish, wildlife, or other instream beneficial uses. This bill would, when agricultural lands are being idled in order to provide water for transfer and an amount of water is determined to be made available by that idling, require landowners to be encouraged to cultivate or retain nonirrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat, as specified. (6) Existing law requires the Department of Water Resources to prepare a water transfer guide which is required to include specified information. This bill would revise the contents of the water transfer guide to include fish and wildlife issues related to the transfer of water in preparing or revising the water transfer guide.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 387, Statutes of 2013.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1 p.m.

  4. Assembly amendments concurred in. (Ayes 39. Noes 0. Page 2381.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 78. Noes 0. Page 3174.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Page 2948.)

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 17. Noes 0.) (August 30).

  11. Set, first hearing. Referred to APPR. suspense file.

  12. From committee with author's amendments. Read second time and amended. Re-referred to Com. on APPR.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 15. Noes 0.) (July 2).

  15. From committee with author's amendments. Read second time and amended. Re-referred to Com. on W.,P. & W.

  16. Referred to Com. on W.,P. & W.

  17. In Assembly. Read first time. Held at Desk.

  18. Read third time. Passed. (Ayes 39. Noes 0. Page 1108.) Ordered to the Assembly.

  19. Read second time. Ordered to third reading.

  20. From committee: Do pass. (Ayes 7. Noes 0. Page 1020.) (May 23).

  21. Set for hearing May 23.

  22. Placed on APPR. suspense file.

  23. Set for hearing April 29.

  24. Read second time and amended. Re-referred to Com. on APPR.

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 0. Page 467.) (April 9).

  26. Set for hearing April 9.

  27. From committee with author's amendments. Read second time and amended. Re-referred to Com. on N.R. & W.

  28. Hearing postponed by committee.

  29. Set for hearing April 23.

  30. Referred to Com. on N.R. & W.

  31. Read first time.

  32. From printer. May be acted upon on or after March 25.

  33. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on

Sponsors (1)

  • Wolk

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Beall — Yea
Huff — Yea
Leno — Yea
Lieu — Yea
Roth — Yea
Torres — Yea
Wolk — Yea
Wright — Yea
Wyland — Yea
Cannella — Yea
Evans — Yea
Fuller — Yea
De León — Yea
Hancock — Yea
Hernandez — Yea
Anderson — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Knight — Yea
Lara — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Steinberg — Yea
Vidak — Yea
Walters — Yea
Corbett — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bigelow — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Mansoor — Yea
Nestande — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Frazier — Yea
Gordon — Yea
Campos — Yea
Hagman — Yea
Chau — Yea
Allen — Yea
Bonilla — Yea
Logue — Yea
Morrell — Yea
Mullin — Yea
Alejo — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Daly — Yea
Donnelly — Yea
Eggman — Yea
Nazarian — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Skinner — Yea
Wagner — Yea
Wieckowski — Yea
Wilk — Yea
Gray — Yea
Mitchell — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Gatto — Yea
Gomez — Yea
Harkey — Yea
Chesbro — Yea
Levine — Yea
Maienschein — Yea
Medina — Yea
Melendez — Yea
Pan — Yea
Perea — Yea
Williams — Yea
Dickinson — Yea
Fox — Yea
Yamada — Yea
Gorell — Yea
Hall — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Democratic 1000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bradford — Yea
Harkey — Yea
Holden — Yea
Campos — Yea
Bocanegra — Yea
Donnelly — Yea
Quirk — Yea
Wagner — Yea
Weber — Yea
Gatto — Yea
Eggman — Yea
Linder — Yea
Pan — Yea
Gomez — Yea
Hall — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 11000
Democratic 2000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Rendon — Yea
Frazier — Yea
Gatto — Yea
Gomez — Yea
Bigelow — Yea
Bocanegra — Yea
Gray — Yea
Williams — Yea
Yamada — Yea
Gonzalez — Yea
Beth Gaines — Yea
Allen, Benjamin Democratic Yea
Fong, Mike Democratic Yea
Dahle, Megan Republican Yea
Patterson, Joe Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 36000
Democratic 3000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Beall — Yea
Block — Yea
Leno — Yea
Price — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Cannella — Yea
De León — Yea
Corbett — Yea
Fuller — Yea
Correa — Yea
Anderson — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Huff — Yea
Knight — Yea
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Yea
Pavley — Yea
Roth — Yea
Torres — Yea
Emmerson — Yea
Evans — Yea
Wyland — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Hancock — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass.

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Hill — Yea
Walters — Yea
De León — Yea
Lara — Yea
Steinberg — Yea
Beth Gaines — Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 749 do?
(1) Existing law authorizes the Department of Fish and Wildlife to enter into contracts or other agreements with nonprofit conservation groups, as specified, for the management and operation of department-managed lands, defined to include public shooting grounds, state marine recreational management areas, ecological reserves, and wildlife management areas. Existing law states that it is the policy of the state to maintain sufficient populations of all species of wildlife and native plants and the habitat necessary to insure their continued existence at the optimum levels possible to insure, among other things, the policy to perpetuate native plants and all species of wildlife for their intrinsic and ecological values, as well as for their direct benefits to humanity. The California Constitution establishes the Fish and Game Commission and provides for the delegation to the commission of powers relating to the protection and propagation of fish and game, including the conservation and enhancement of bird habitat. This bill would authorize the department to lease department-managed lands for agricultural activities, as specified. The bill would authorize, upon appropriation by the Legislature, the moneys collected from those agricultural leases to be used to support the management, maintenance, restoration, and operations of department-managed lands. The bill would require the department to annually provide an opportunity for licensed hunters to comment and make recommendations on the public hunting programs, including anticipated habitat conditions in the hunting areas on Type A and Type B Wildlife Areas, as defined under the commission's regulations, through public meetings or other public outreach. In complying with these provisions, the bill would authorize the department to hold regional meetings on its hunting programs for several different wildlife areas. (2) The California Endangered Species Act requires the Fish and Game Commission to establish a list of endangered species and a list of threatened species, and requires the department to recommend, and the commission to adopt, criteria for determining if a species is endangered or threatened. Under the act, an interested person may petition the commission to add a species to, or remove a species from, either the list of endangered species or the list of threatened species, and existing law requires the commission to consider the petition at a meeting, as prescribed. This bill, until January 1, 2017, would establish an alternate process for the review of a petition, including public hearings and public comment. (3) The California Endangered Species Act also provides, until January 1, 2014, that the accidental take of candidate, threatened, or endangered species resulting from acts that occur on a farm or a ranch in the course of otherwise lawful routine and ongoing agricultural activities is not prohibited by the act. This bill would make a technical change to these provisions and extend this exception to January 1, 2020. The bill would define "accidental" for these purposes. (4) The California Endangered Species Act, until January 1, 2014, provides for the development and implementation of a recovery strategy pilot program for coho salmon. This bill would extend these provisions to January 1, 2017. (5) Existing law regulates water transfers and, among other things, allows a permittee or licensee to temporarily change the point of diversion, place of use, or purpose of use due to a transfer or exchange of water or water rights if the transfer would only involve the amount of water that would have been consumptively used or stored by the permittee or licensee in the absence of the proposed temporary change, would not injure any legal user of the water, and would not unreasonably affect fish, wildlife, or other instream beneficial uses. This bill would, when agricultural lands are being idled in order to provide water for transfer and an amount of water is determined to be made available by that idling, require landowners to be encouraged to cultivate or retain nonirrigated cover crops or natural vegetation to provide waterfowl, upland game bird, and other wildlife habitat, as specified. (6) Existing law requires the Department of Water Resources to prepare a water transfer guide which is required to include specified information. This bill would revise the contents of the water transfer guide to include fish and wildlife issues related to the transfer of water in preparing or revising the water transfer guide.
Who sponsors SB 749?
SB 749 is sponsored by Wolk and Bill Berryhill.
What is the current status of SB 749?
This bill has been enacted into law. Introduced February 22, 2013. Enacted.
Where can I track SB 749?
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