This chapter shall be known and may be cited as the Keene-Nejedly California Wetlands Preservation Act.
Chapter 7Wetlands Preservation
Section § 5810
This section simply states that the official name of this chapter is the Keene-Nejedly California Wetlands Preservation Act. It's a title designation.
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Section § 5811
This law emphasizes the importance of preserving California's wetlands due to their economic, aesthetic, and scientific value. The state recognizes the need for ongoing public policy to maintain these wetlands for future generations.
The original wetland protection plan from 1979, which was meant to last until 2000, needs an update to guide conservation efforts through 2020. California has developed successful partnerships, combining public and private efforts, to protect, restore, and manage wetlands effectively. Private landowners' involvement is crucial for the sustainability of wetlands.
Additionally, thanks to funding from Propositions 12 and 13 in 2000, California has significant financial resources dedicated to wetlands conservation. The law calls for an updated strategy that state agencies should share with the public and other agencies to incorporate into their conservation and budgetary planning.
The Legislature hereby finds and declares all of the following:
(a)CA Public Resources Code § 5811(a) The remaining wetlands of this state are of increasingly critical economic, aesthetic, and scientific value to the people of California, and that the need exists for an affirmative and sustained public policy and program directed at their preservation, restoration, and enhancement, in order that wetlands shall continue in perpetuity to meet the needs of the people.
(b)CA Public Resources Code § 5811(b) Although the state established a specific plan in 1979 for the protection, acquisition, restoration, preservation, and management of wetlands to be implemented through the year 2000, a need to update this plan now exists, and the process should include the identification of priorities for wetland conservation through the year 2020.
(c)CA Public Resources Code § 5811(c) California has established a successful program of regional, cooperative efforts to protect, acquire, restore, preserve, and manage wetlands. These programs include, but are not limited to, the Central Valley Habitat Joint Venture, the San Francisco Bay Joint Venture, the Southern California Wetlands Recovery Project, and the Inter-Mountain West Joint Venture. These public-private partnerships, wherever practicable, shall be the primary means of achieving the objectives of this chapter.
(d)CA Public Resources Code § 5811(d) Active and voluntary involvement by private landowners in wetlands conservation, restoration, and enhancement contributes significantly to the long-term availability and productivity of wetlands in the state.
(e)CA Public Resources Code § 5811(e) With the passage of Propositions 12 and 13 in March 2000, the people of California have provided the state with unprecedented financial resources to acquire, restore, preserve, and manage wetlands. There is a pressing need for state agencies that are responsible for wetlands conservation to develop and disseminate a wetlands conservation strategy for review by the general public, for use by the Legislature in the annual budget process, for use by local public agencies in pursuing local and regional wetlands conservation programs, and for use by state agencies updating existing programs for acquiring, restoring, preserving, and managing wetlands resources.
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Section § 5812
This section defines the terms used in this chapter. First, 'Agency' refers to the Resources Agency. Second, 'Departments' include the Department of Parks and Recreation, the Department of Fish and Game, and the California Coastal Conservancy.
As used in this chapter, unless the context clearly requires a different meaning, the following terms mean:
(a)CA Public Resources Code § 5812(a) “Agency” means the Resources Agency.
(b)CA Public Resources Code § 5812(b) “Departments” means the Department of Parks and Recreation, the Department of Fish and Game, and the California Coastal Conservancy.
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Section § 5813
This section makes it clear that the chapter doesn't change or replace any existing laws about wetlands at local, state, or federal levels. It also doesn't impose new obligations on private landowners or on lands owned by the Department of Defense regarding wetlands management. Essentially, it says no new rules are being added for wetlands through this chapter.
Additionally, it allows departments to purchase partial interests in land, like development rights, if it helps protect and preserve wetlands for public benefit.
(a)CA Public Resources Code § 5813(a) Nothing in this chapter abrogates or supersedes any existing local, state, or federal law or policy pertaining to wetlands, or establishes maximum or minimum standards or any other requirement for wetlands fill or mitigation. Additionally, nothing in this chapter shall be construed to create any new legal obligations for private landowners, or for lands owned by the United States Department of Defense, for wetlands inventories, wetlands management requirements, or any other regulatory requirements pertaining to wetlands use or conversion.
(b)CA Public Resources Code § 5813(b) Any of the departments may acquire interests in real property less than the fee, including, but not limited to, acquisition of development rights, when it determines that acquisition of the lesser interest will accomplish the purposes of this chapter in furthering the public’s interest in the protection, preservation, restoration, and enhancement of wetlands.
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Section § 5814
This section requires the agency to update California’s wetlands inventory to prepare a study aimed at maximizing the habitat value of wetlands. The study should explore restoration and enhancement opportunities for publicly-owned wetlands, ways to protect existing wetlands, and recreational benefits. Additionally, it should look into public-private partnerships for managing wetlands on private lands and identify significant wetlands not yet publicly owned but with potential sellers. The study will provide data for the California Continuing Resources Investment Strategy Project and consider federal wetlands resources and conservation efforts. Collaboration with local and federal agencies, and willing landowners is essential. The completed study must be submitted to the Legislature by January 1, 2003, presenting a comprehensive plan for wetland conservation and funding needs.
(a)CA Public Resources Code § 5814(a) The agency shall update all of the state’s existing wetlands inventory resources in order to prepare a study to accomplish the following goals:
(1)CA Public Resources Code § 5814(a)(1) To identify the restoration and enhancement opportunities in the state for wetlands in public ownership.
(2)CA Public Resources Code § 5814(a)(2) To identify means of protecting and enhancing existing wetlands in public ownership and to identify additional recreational benefits and opportunities that are compatible with the primary goal of maximizing the habitat value of wetlands.
(3)CA Public Resources Code § 5814(a)(3) To identify opportunities for voluntary public-private partnerships for wetlands restoration, enhancement, and management on private lands.
(4)CA Public Resources Code § 5814(a)(4) To identify those wetlands of particular significance in the state that are not currently in public ownership for which there is believed to be a willing seller.
(5)CA Public Resources Code § 5814(a)(5) To identify additional recreational benefits that can be provided on existing, restored, or newly created wetlands in public ownership or for which there is a cooperative agreement for public use by a private landowner and a local, state, or federal agency.
(6)CA Public Resources Code § 5814(a)(6) To provide a basis for the inclusion of wetlands data and information in the California Continuing Resources Investment Strategy Project (CCRISP), which was funded in the Budget Act of 2000.
(7)CA Public Resources Code § 5814(a)(7) To identify, utilizing existing resources, wetlands on lands owned by federal agencies in California and those wetlands that are protected by existing wetlands management and conservation mandates imposed by federal law.
(8)CA Public Resources Code § 5814(a)(8) To identify, in conjunction with the Office of Planning and Research, those instances where lead agencies have adopted mitigation measures pursuant to Division 13 (commencing with Section 21000), or natural community conservation plans prepared pursuant to Chapter 10 (commencing with Section 2800) of the Fish and Game Code, that utilize or reference wetland resources located on lands owned by the United States Department of Defense.
(b)CA Public Resources Code § 5814(b) The agency shall consult and cooperate with counties cities, other appropriate state and federal agencies with an interest in wetlands resources, and willing landowners in conducting the study. The study shall be submitted to the Legislature not later than January 1, 2003, and shall set forth, for consideration by the Legislature, a plan for the acquisition, protection, preservation, restoration, and enhancement of wetlands, including funding requirements and the priority status of specific proposed wetlands projects.
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Section § 5815
This law requires that when an agency is making a plan for prioritizing wetlands, they need to consider and align with local agencies' plans for conservation, recreation, and open-space. The agency should also look for opportunities to work together with local agencies to protect and preserve wetlands whenever possible.
The agency, in preparing the wetlands priority plan and program pursuant to Section 5814, shall give particular recognition to the conservation, recreation, and open-space plans and programs of local agencies, and shall, wherever feasible and appropriate, identify and devise cooperative means for planning and for the protection and preservation of wetlands by local agencies.
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Section § 5815.5
This law states that when gathering data for a wetlands inventory, the agency and departments should use existing information as their first choice. If they need more detailed data from the ground, they must get permission from private landowners before entering their property to collect it.
In compiling data for the wetlands inventory required by Section 5814, the agency and the departments shall, as a first priority, rely on existing sources of information and data. If the agency determines that ground surveys are needed to supplement or correct aerial and satellite imagery, the agency and the department shall obtain the permission of any private landowner before entering his or her property to gather information to complete the wetlands inventory.
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Section § 5816
This law directs the responsible agency to focus on protecting and preserving wetlands that are located in or next to state parks or other state lands mainly used for wildlife habitats. These areas are given special attention to ensure their conservation.
The agency shall give particular recognition to opportunities for protecting and preserving wetlands lying within, or adjacent to, existing units of the state park system or other state-owned lands protected and managed primarily as wildlife habitat.
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Section § 5817
This law allows state departments to partner with cities, counties, and districts to manage and protect wetlands. These agreements must ensure that wetlands are preserved and allow people to enjoy them. Specifically, agreements made by the Department of Fish and Game must comply with rules set by the Fish and Game Commission regarding public use of these areas.
Any of the departments may enter into operating agreements with cities, counties, and districts for the management and control of wetlands, or interests in wetlands, acquired pursuant to this chapter. However, any agreement shall ensure the protection and preservation of the wetlands and ensure the right of use and enjoyment of the wetlands by the people of the state. Further, any agreement entered into by the Department of Fish and Game pursuant to this section shall provide that public use of lands and waters subject to the agreement shall be in accordance with regulations adopted by the Fish and Game Commission.
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Section § 5818
This law states that any property purchases made under this chapter must follow the rules and procedures outlined in the Property Acquisition Law found in the Government Code.
All acquisitions made pursuant to this chapter shall be subject to the Property Acquisition Law (Part 11 (commencing with Section 15850), Division 3, Title 2 of the Government Code).
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Section § 5818.1
The Coastal Wetlands Fund is a special interest-earning fund set up in the State Treasury, managed by the Department of Fish and Game. It is designed to support activities related to coastal wetlands.
However, as of June 30, 2024, this fund will be dissolved, and any remaining funds or obligations will be transferred to the General Fund.
(a)CA Public Resources Code § 5818.1(a) The Coastal Wetlands Fund is hereby established in the State Treasury and shall be an interest-bearing fund administered by the Department of Fish and Game.
(b)CA Public Resources Code § 5818.1(b) Effective June 30, 2024, the Coastal Wetlands Fund, established pursuant to subdivision (a), is abolished and any remaining balance, assets, liabilities, and encumbrances shall revert to the General Fund.
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