Bill Text: CA AB1514 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 1514 (Prior Session Legislation)

Introduced

Bill Title: Natural community conservation planning agreements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-01-23 - Referred to Com. on W.,P. & W. [AB1514 Detail]

Download: California-2013-AB1514-Introduced.html

BILL NUMBER: AB 1514	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Gonzalez

                        JANUARY 15, 2014

   An act to amend Section 2810 of the Fish and Game Code, relating
to natural community conservation planning.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1514, as introduced, Gonzalez. Natural community conservation
planning agreements.
   The Natural Community Conservation Planning Act authorizes the
Department of Fish and Wildlife to enter into a specified agreement
with any person or public entity for the purpose of preparing a
natural community conservation plan, in cooperation with a local
agency that has land use permit authority over the activities
proposed to be addressed in the plan, to provide comprehensive
management and conservation of multiple wildlife species, including,
but not limited to, those species listed as endangered or threatened.
The act authorizes any person, or any local, state, or federal
agency, independently, or in cooperation with other persons, to
undertake natural community conservation planning.
   The bill would also require an agreement to implement a natural
community conservation plan to identify all lands within the planning
area that are classified by the State Geologist as containing
mineral deposits of regional or statewide significance. The bill
would require the agreement, if classified mineral resources are
found to exist on lands within the planning area, to include
participation by the State Geologist, as specified. The bill would
require the State Geologist to evaluate, among other plan principles,
and, if feasible, to recommend, exclusion from the planning area of
lands containing identified mineral resources or, when reclamation
practices are proposed that would render the reclaimed lands suitable
for future inclusion within the planning area, temporary exclusion
until the mineral resources are developed.
   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.  Section 2810 of the Fish and Game Code is amended to
read:
   2810.  (a) The department may enter into an agreement with any
person or public entity for the purpose of preparing a natural
community conservation plan, in cooperation with a local agency that
has land use permit authority over the activities proposed to be
addressed in the plan, to provide comprehensive management and
conservation of multiple wildlife species, including, but not limited
to, those species listed pursuant to Article 2 (commencing with
Section 2070) of Chapter 1.5. The agreement shall include a provision
specifying the amount of compensation, if any, payable to the
department pursuant to Section 2829.
   (b) The agreement shall meet all of the following conditions:
   (1) The agreement shall be binding upon the department, other
participating federal, state, and local agencies, and participating
private landowners.
   (2) The agreement shall define the geographic scope of the
conservation planning area.
   (3) The agreement shall identify a preliminary list of those
natural communities, and the endangered, threatened, candidate, or
other species known, or reasonably expected to be found, in those
communities, that are intended to be the initial focus of the plan.
   (4) The agreement shall identify preliminary conservation
objectives for the planning area.
   (5) The agreement shall establish a process for the inclusion of
independent scientific input to assist the department and plan
participants, and to do all of the following:
   (A) Recommend scientifically sound conservation strategies for
species and natural communities proposed to be covered by the plan.
   (B) Recommend a set of reserve design principles that addresses
the needs of species, landscapes, ecosystems, and ecological
processes in the planning area proposed to be addressed by the plan.
   (C) Recommend management principles and conservation goals that
can be used in developing a framework for the monitoring and adaptive
management component of the plan.
   (D) Identify data gaps and uncertainties so that risk factors can
be evaluated.
   (6) The agreement shall require coordination with federal wildlife
agencies with respect to the federal Endangered Species Act (16
U.S.C. Sec. 1531 et seq.).
   (7) The agreement shall encourage concurrent planning for wetlands
and waters of the United States.
   (8) The agreement shall establish an interim process during plan
development for project review wherein discretionary projects within
the plan area subject to Division 13 (commencing with Section 21000)
of the Public Resources Code that potentially conflict with the
preliminary conservation objectives in the planning agreement are
reviewed by the department prior to, or as soon as possible after the
project application is deemed complete pursuant to Section 65943 of
the Government Code and the department recommends mitigation measures
or project alternatives that would help achieve the preliminary
conservation objectives. As part of this process, information
developed pursuant to paragraph (5) of subdivision (b) of Section
2810 shall be taken into consideration by the department and plan
participants. Any take of candidate, threatened, or endangered
species that occurs during this interim period shall be included in
the analysis of take to be authorized under an approved plan. Nothing
in this paragraph is intended to authorize take of candidate,
protected, or endangered species.
   (9) The agreement shall establish a process for public
participation throughout the plan development and review pursuant to
Section 2815. 
   (10) (A) The agreement shall, pursuant to subdivision (e) of
Section 2801, identify all lands within the planning area that are
classified by the State Geologist as containing mineral deposits of
regional or statewide significance within the meaning of paragraph
(2) of subdivision (b) of Section 2761 of the Public Resources Code.
 
   (B) (i) If classified mineral resources exist on lands within the
planning area, the agreement shall include participation by the State
Geologist, who shall be responsible for recommending plan principles
that promote the conservation and development of the identified
mineral resources for the benefit of the region or the state while
minimizing impacts to wildlife.  
   (ii) The State Geologist shall evaluate, among other plan
principles, and, if feasible, recommend, exclusion from the planning
area of lands containing identified mineral resources or, when
reclamation practices are proposed that would render the reclaimed
lands suitable for future inclusion within the planning area,
temporary exclusion until the mineral resources are developed. 
   (c) The approval of the planning agreement is not a project
pursuant to Division 13 (commencing with Section 21000) of the Public
Resources Code.
   (d) Prior to department approval of the planning agreement, the
public shall have 21 calendar days to review and comment on the
proposed planning agreement.