Bill Text: CA AB2193 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Habitat Restoration and Enhancement Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-26 - Chaptered by Secretary of State - Chapter 604, Statutes of 2014. [AB2193 Detail]

Download: California-2013-AB2193-Introduced.html

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BILL NUMBER: AB 2193	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 20, 2014

   An act to add Chapter 6.5 (commencing with Section 1650) to
Division 2 of the Fish and Game Code, relating to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2193, as introduced, Gordon. Habitat Restoration and
Enhancement Act.
   Existing law establishes the Department of Fish and Wildlife in
the Natural Resources Agency, administered by the Director of Fish
and Wildlife. Existing law requires the director to administer
various programs for the protection and conservation of fish and
wildlife resources.
   This bill would enact the Habitat Restoration and Enhancement Act
and require the director to approve a habitat restoration or
enhancement project, as defined, if specified conditions are met as
determined by the director. The act would create the Habitat
Restoration and Enhancement Fund within the Fish and Game
Preservation Fund and authorize the department to enter into an
agreement to accept funds to achieve the purposes of the Habitat
Restoration and Enhancement Act and deposit those funds into that
account. The act would authorize the department to impose a schedule
of fees for projects, based on the cost of a project, sufficient to
recover all reasonable administrative and implementation costs of the
department relating to the project, but not to exceed fees adopted
by the department for standard lake or streambed alteration
agreements for projects of comparable cost. Moneys in the account
would be available to the department, upon appropriation, for the
purposes of administering and implementing the Habitat Restoration
and Enhancement Act.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature finds and declares all of the
following:
   (1) California is home to over 300 animal and plant species listed
as either threatened or endangered by the state and federal
governments. Some of these species' populations are so low that
recovery actions must be taken immediately to avoid further
population declines or extinctions of the species.
   (2) Historic and continued degradation of our state's ecosystems,
whether in remote areas or in our cities, continues to impact the
habitats of these protected species and other animals and plants.
   (3) Tremendous demand exists for small-scale ecosystem restoration
projects aimed to benefit these species, yet current regulatory
mechanisms do not allow many willing private landowners and local
governments to efficiently access the necessary environmental
permits.
   (4) Demand for these environmentally beneficial projects far
outpaces the regulatory approval process. As a result, hundreds of
small-scale projects designed to benefit California's most vulnerable
species and natural habitats are not being implemented.
   (5) Expedited and coordinated agency permitting processes for
small-scale restoration projects have been shown to greatly boost the
number and geographic distribution of environmentally beneficial
projects across California-projects that cumulatively improve water
quality and aid in the recovery of salmon and steelhead populations,
migratory birds, and other sensitive species.
   (b) It is the intent of the Legislature in enacting this measure
to provide for substantial permitting efficiency and thereby
encourage increased implementation of voluntary, environmentally
beneficial, small-scale habitat restoration projects that do all of
the following:
   (1) Provide an individual and cumulative net environmental
benefit.
   (2) Incorporate measures to protect against any short-term
substantial, or potentially substantial, adverse change in any of the
physical conditions within the area affected by the project.
   (3) Follow applicable preexisting state and federal agency
permits, certifications, and exemptions.
  SEC. 2.  Chapter 6.5 (commencing with Section 1650) is added to
Division 2 of the Fish and Game Code, to read:
      CHAPTER 6.5.  HABITAT RESTORATION AND ENHANCEMENT ACT


   1650.  This chapter shall be known, and may be cited, as the
Habitat Restoration and Enhancement Act.
   1651.  As used in this chapter:
   (a) "Adopted species recovery plan" means a guidance document
published by a government agency that identifies recovery actions,
based upon the best scientific and commercial data available,
necessary for the protection and recovery of listed species.
   (b) "Fish passage guidelines" means the department's California
Salmonid Stream Habitat Restoration Manual, the National Marine
Fisheries Service, Southwest Region, Guidelines for Salmonid Passage
at Stream Crossings, either of those documents as they may be
subsequently amended or updated, or salmonid fish passage project
guidelines subsequently adopted by the department, the National
Marine Fisheries Service, or both.
   (c) "Habitat restoration or enhancement project" means a project
with the primary purpose of accomplishing one or more of the
following:
   (1) Stream or river bank revegetation, the primary purpose of
which is to improve habitat.
   (2) Stream or river bank stabilization with native vegetation or
other bioengineering techniques, or both, to reduce or eliminate
erosion and sedimentation.
   (3) Modification, replacement, or removal of existing fish passage
barriers to improve water quality and fish passage, including
associated bridge installation. Examples of fish passage barriers
include, but are not limited to, road crossings and fords, or both;
small permanent, flashboard, and seasonal dams; weirs, sills, and
aprons; and poorly designed, undersized, or failed culverts.
   (4) Placement or installation of anchored and unanchored large
wood, rootwads and other in-stream habitat structures that benefit
native fish by enhancing habitat, increasing stream channel
complexity, or both.
   (5) Erosion control, invasive species removal, and native
revegetation activities for the purpose of improving water or habitat
quality for species, or both.
   (6) Installation of fencing for the purpose of excluding or
managing livestock to protect the bed and banks of streams, or other
sensitive habitats.
   (7) Restoration of freshwater and tidal hydrologic functions in
wetlands and estuaries to improve fish and wildlife habitat.
   (8) Creation of off-channel habitat to restore historic rearing
and flow refugia for native fisheries and other aquatic species.
   (9) Restoration of floodplains to restore natural hydrologic
function, including levee and dike setback and breaching.
   (10) Restoration and maintenance of existing off-stream ponds to
benefit native amphibian and other species.
   (11) Other habitat restoration projects requiring permits from the
department whose primary purpose is to recover listed species, and
are included in a species recovery plan or priority habitat and
related species recovery actions, as determined by the director.
   (d) "Project proponent" means a person, public agency, or
nonprofit organization seeking to implement a habitat restoration or
enhancement project.
   1652.  (a) Notwithstanding any other law, the director shall
approve a habitat restoration or enhancement project if the project
will maintain existing levels of human health and safety protection,
including, but not limited to, flood protection, and meets all of the
following requirements:
   (1) The project purpose is voluntary habitat restoration and is
not required as mitigation.
   (2) The project meets the requirements of Section 15333 of Title
14 of the California Code of Regulations.
   (3) The project complies with one or more of the following:
   (A) Adopted species recovery plans.
   (B) Fish passage guidelines.
   (C) The department's California Salmonid Stream Habitat
Restoration Manual.
   (D) Scientifically researched studies, guidance documents, and
practice manuals that describe best available habitat restoration or
enhancement methodologies that are utilized or approved by the
department.
   (4) The project will not result in cumulative negative
environmental impacts that are significant when viewed in connection
with the effects of past, current, or probable future projects.
   (b) The director's approval of a habitat restoration or
enhancement project pursuant to subdivision (a) shall be in lieu of
any other permit, license, or other approval issued by the
department, including, but not limited to, those issued pursuant to
Chapter 1.5 (commencing with Section 2050) of Division 3, Chapter 10
(commencing with Section 1900) of Division 2, and Chapter 6
(commencing with Section 1600) of Division 2.
   (c) The director's approval of a habitat restoration or
enhancement project pursuant to subdivision (a) shall constitute an
action taken by a regulatory agency, as authorized by state law, to
ensure the maintenance, restoration, or enhancement of a natural
resource where the regulatory process involves procedures for the
protection of the environment.
   (d) Within 60 days after the director receives a written request
to approve a habitat restoration or enhancement project containing
the information required pursuant to subdivision (e), the director
shall determine whether substantial evidence exists that the project
is consistent with subdivision (a).
   (e) A written request to approve a habitat restoration or
enhancement project shall contain all of the following:
   (1) The name, address, title, organization, telephone number, and
email address of the natural person or persons who will be the main
point of contact for the project proponent.
   (2) A full description of the habitat restoration and enhancement
project that includes the design criteria used for the project,
restoration or enhancement methods, an estimate of temporary
restoration or enhancement-related disturbance, project schedule, and
how the project will result in a net benefit to any affected
species.
   (3) An assessment of the project area that provides a description
of the existing flora and fauna and the potential presence of
sensitive species or habitat.
   (4) A description of the environmental protection measures
incorporated into the project design, including, but not limited to,
measures to avoid and minimize impacts to water quality and
potentially present species protected by state and federal law, and
findings that no potentially significant negative effects on the
environment, as defined in Section 15382 of Title 14 of the
California Code of Regulations, will result from the project.
   (5) Substantial evidence to support a conclusion that the project
meets the criteria set forth in this section. Substantial evidence
shall cite relevant design criteria and environmental protection
measures found in the documents specified in paragraph (3) of
subdivision (a).
   (f) (1) If the director determines at any time that the project is
no longer consistent with subdivision (a), due to a material change
between the project as submitted and the project being implemented or
a change in the environmental circumstances in the area of
implementation, the director shall notify the project proponent in
writing and project implementation shall be suspended. Written notice
from the director shall be delivered in person, by certified mail,
or by electronic communication to the project proponent and shall
specify the reasons why approval of the project was suspended. The
approval for a project shall not be revoked pursuant to this
subdivision unless it has first been suspended pursuant to this
subdivision.
   (2) Within 30 days of receipt of a notice of suspension, the
project proponent may file an objection with the director. Any
objection shall be in writing and state the reasons why the project
proponent objects to the suspension. The project proponent may
provide additional environmental protection measures, design
modifications, or other evidence that the project is consistent with
subdivision (a) and request that the notice of suspension should be
lifted and approval granted.
   (3) The director shall revoke approval or lift the suspension of
project approval within 30 days after the end of the objection period
in paragraph (2).
   1653.  (a) The Habitat Restoration and Enhancement Account is
hereby created in the Fish and Game Preservation Fund.
   (b) The department may enter into an agreement to accept funds
from any public agency, person, business entity, or organization to
achieve the purposes of this chapter. The department shall deposit
any funds so received in the account. The funds received shall
supplement existing resources for projects and programs.
   (c) The department may impose a schedule of fees for projects,
based on the cost of a project, sufficient to recover all reasonable
administrative and implementation costs of the department relating to
the project, but not to exceed fees adopted by the department
pursuant to Chapter 6 (commencing with Section 1600) of Division 2
for standard lake or streambed alteration agreements for projects of
comparable cost.
   (d) Moneys in the account shall be available to the department,
upon appropriation by the Legislature, for the purposes of
administering and implementing this chapter.