RES 88187 - Laserfiche WebLink

2722. (a) Whenever the application of the criteria specified in ~ection 272'1 results in the identification of two or m~re parcels of land that are essentially indistinguishable as to their quality, preference shall be given to the parcel on which exists the species that is more threatened or more endangered. (b) Whenever the application of the criteria specified in Section 2721 results in the identification of two or more*parceis of land that are essentially indistinguishable as to their quality and the degree of threat to, or endangerment of, the species existing on them, preference shall be given to the parcel on which exists the best example of the species. As used in this ' subdivision, "best example" means the parcel of land and the wildlife inhabiting it which, in balancing all the factors present, represents, as determined by the board, the stronger combination of all of the following: the better condition, higher quality, easier defensibility, greater likelihood of long-term viability, and the lesser costs to be incurred by the department in operating and maintaining the parcel. 2723. (a) Of the total amount available pursuant to subdivision (a) of Section 2720, not more than five million dollars ($5,000,000) may be encumbered for any single acquisition project. In enacting this limitation, the people of California recognize that there are a number of important projects meeting the criteria of this chapter but whose acquisition cost would most likely exceed this limitation. Therefore, in these instances any acquisition cost in excess of this limitation may be met by a donation by the owner, donations of funds from private sources, or other funds from state or nonstate sources. (b) The qualification for or allocation of a grant or grants to a local agency under Section 2720 shall not preclude eligibility for an additional allocation of grant funds to the same local agency pursuant to Section 2720 of this code or Section 5907 of the Public Resources Code. 2724. (a) In choosing among two or more parcels of land to be acquired, enhanced, restored, or protected with funds available pursuant to subdivision (b) or (c) of Section 2720, preference shall be given to acquiring, enhancing, restoring, or protecting the parcel that will result in the least cost to the department for operating and maintaining the land. (b) Funds available pursuant to subdivisions (b) and (c) of Section 2720 may be encumbered only for lands which constitute habitat that is subject to destruction, drastic modification, or significant curtailment of habitat values. 2725. No funds available pursuant to this chapter shall be encumbered for any lands that, due to their degraded character, will not sustain plants or wildlife or will not afford protection to a natural community on a long-term basis. 2726. With respect to any lands which may be acquired, enhanced, restored, or protected with funds under this chapter and which could also be eligible for funds under Chapter 7 (commencing with Section 2600), funds under this chapter shall not be encumbered for those lands until it is determined by the Wildlife Conservation Board that funds are not likely to be available for those lands under that Chapter 7. 2727. No funds available for appropriation under this chapter may be encumbered for any purpose described in Section 1353 of the Fish and Game Code. 2728. An annual amount, not to exceed three hundred fifty thousand dollars ($350,000) may be appropriated from the fund in the 1988-89 through 1998-99 fiscal years, in an amount to be determined in each annual appropriation, to the Wildlife Conservation Board for expenditure for costs incurred by the board and the department in administenng this chapter, including, but not limited te, preacquisition studies, planning, appraisals, surveys, and closing costs. The Wildlife Conservation Board and the department may augment, as needed, any mount thus appropriated with any funds appropriated to it from any other source. 2729. (a) For the purpose ofadministering this chapter, the Wildlife Conservation Board and the Department of Fish and Game shall augment its existing staff, whenever possible, by contracting for those services necessary for the admin- istration of this chapter. Any contract shall, however, be entered into only pursuant to Sections 19130 to 19132, inclusive, of the Government Code and shall be only for the minimum period necessary for completion of the particular project or projects for which the contract was entered into. (b) Due to the limited duration of the program authorized by this chapter, in the event some services cannot be provided by contract, any personnel directly hired by the Wildlife Conservation Board for the administration of this chapter shall be hired, to the extent permitted by Article 2 (commencing with Section 190801 of Chapter 6 of Part 2 of Division 5 of Title 2 of the Government Code, as limited-term appointments. SEC. 4. (a) If the people of California approve a bond act, other than this act, at either the Direct Primary Election on June 7, 1988, or the General Election on November 8, 1988, which includes at least one hundred sixty-five million dollars ($165,000,000) for the purposes specified in subdivision (a) of Section 5907 of the Public Resources Cede, as proposed by this act, subdivision (a) of Section 5907 of the Public Resources Code, as proposed by this act, shall not become operative. That subdivision shall otherwise become operative on November 9, 1988. The Legislature may appropriate funds pursuant to subdivision (a) of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become operative. (b) If the people of California approve a bond act, other than this act, at either the Direct Primary Election on June 7, 1988, or the General Election on November 8, 1988, which includes at least fifty-five million dollars ($55,000,000) for the purposes specified in paragraph (2) of subdivision (b) of Section 5907 of the Public Resources Code, as proposed by this act, paragraph (2) of subdivision (b) of Section 5907 of the Public Resources Code, as proposed by this act, shall not become operative. That paragraph shall otherwise become operative on November 9, 1988. The Legislature may appro- priate funds pursuant to paragraph (2) of subdivision (b) of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become operative. (c) If the people of Califorma approve a bond act, other than this act, at either the Direct Primary Election'on June 7, 1988, or the General Election on November 8, 1988, which includes at least thirty million dollars ($30,000,000) for the purposes specified in paragraph (1) of subdivision (d) of Section 5907 of the Public Resources Code. as proposed by this act, paragraph (1) of subdivision (d) of Section 5907 of the Public Resource Code. as proposed by this act, shall not become operative. That paragraph shall otherwise become operative on November 9, 1988. The Legislature may appropriate funds pursuant to paragraph (1) of subdivision (d) of Section 5907 in the Budget Act for the 1988-89 fiscal year if those pro'~isions become operative. (d) If the people of California approve a bond act, other than this act. at either the Direct Primary Election on June 7, 1988, or the General Election on November 8. 1988. which includes at least thirty million dollars I$~0,000.000) for the purposes specified in paragraph (4) of subdivision (e) of Section 5907 of the Publi~ Resources Code, as proposed by this act, paragraph (4)of subdivision (e) of Section 5907 of the Public Resources Code, as proposed by this act, shall not become operative. That paragraph shall otherwise become operative on November 9, 1988. The Legislature may appropriate funds pursuant to paragraph (4) of subdivision (e) of Section 5907 in the Budget Act for the 1988-89 fiscal year if those provisions become operative. (e) If the people of California approve a bond act, other than this act, at either the Direct Primary Election on June 7, 1988, or the General Election on November 8, 1988, which includes at least fifty million dollars ($50,000,000} for the purposes specified in Chapter 7.5 I commencing wi ~b Seerich 2709) of Divisior-. 3 of th~ Fish and Game Code, as proposed by thin act, Chapter 7.5 (commencing with Section 2t~ 00) of Division 3 of the Fish and Game Code, as proposed by this act, shall not become operative. That chapter shall otherwise become operative on November 9, 1988. The Legislature may appropriate funds pursuant to Chapter 7.5 (commencing with Section 2700) of Division 3 of the Fish and Game Code in the Budget Act tbr the 1988-89 fiscal year if those provisions become operative. SEC. 5. If any provision of this act or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the initiative which can be given effect without the invalid provision or application, and to this end the provisions of this initiative are severable. SEC. 6. The Legislature may amend this act, by statute passed in each house of the Legislature by rollcall vote entered in the journal, two-thirds of the membership concurring, if the statute is consistent with the purposes of this act. However, no allocation of funds may be reallocated except in accordance with Sections 5919 and 5922 of the Public Re- sources Code. No changes shall be made in the way in which funds are appropriated pursuant to Sections 5907 and 5921 of the Public Resources Code.