Bill Text: CA AB2087 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Regional conservation investment strategies.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 455, Statutes of 2016. [AB2087 Detail]

Download: California-2015-AB2087-Amended.html

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BILL NUMBER: AB 2087	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 5, 2016

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 17, 2016

   An act to add  Article 4   Chapter 9 
(commencing with  Section 2090) to Chapter 1.5 of 
 Section 1850) to  Division  3   2
 of the Fish and Game Code, relating to fish and wildlife.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2087, as amended, Levine. Regional conservation frameworks.
   Existing law establishes the Department of Fish and Wildlife in
the Natural Resources Agency. Under existing law, the department has
jurisdiction over the conservation, protection, and management of
fish, wildlife, native plants, and habitat necessary for biologically
sustainable populations of those species. The California Endangered
Species Act prohibits the taking of an endangered, threatened, or
candidate species, except as specified. Under the act, the department
may authorize the take of listed species if the take is incidental
to an otherwise lawful activity and the impacts are minimized and
fully mitigated.  Existing law prohibits an entity from
substantially diverting or obstructing the natural flow of, or
substantially changing or using any material from the bed, channel,
or bank of, any river,   stream, or lake, or from depositing
certain material where it may pass into any river, stream, or lake,
without first notifying the department of that activity, and entering
into a lake or streambed alteration agreement if required by the
department to protect fish and wildlife resources. 
   This bill would authorize the department, or any other public
agency, to propose a regional conservation framework that would be
required to contain specified information, including a regional
conservation assessment. The bill would authorize the department to
approve a regional conservation framework, or approve the framework
with amendments, for a period of up to 5 years after certain public
meetings and a public comment period regarding the proposed framework
have been held and after it finds that the framework meets certain
requirements. The bill would authorize a conservation action, as
defined, and a habitat enhancement, as defined,  implemented
in accordance with   that measurably advance  
the conservation objectives of  an approved framework  and
that meet   other specified requirements,  to be used
to  fulfill, in whole or in part, compensatory mitigation
requirements set forth in an incidental take permit issued by the
department   create mitigation credits that may be used,
within the framework area, to compensate for take or other adverse
impacts of activities authorized  pursuant to the California
Endangered Species  Act or compensatory mitigation
requirements established by any state or local agency  
Act, to reduce adverse impacts to fish and wildlife resources from
activities authorized pursuant to a lake or streambed alteration
agreement to less   than substantial, or to mitigate
significant effects on the environment  pursuant to the
California Environmental Quality  Act or any regulatory
program within the agency's jurisdiction, as prescribed. The
  Act. To create these mitigation credits, the 
bill would also authorize a conservation action or habitat
enhancement implemented in accordance with an approved framework to
be used to create mitigation credits under a written mitigation
credit agreement between the department and the person or entity.
  require a person or entity to enter into a mitigation
credit agreement with the department that meets specified
requirements. The bill would authorize the department to collect fees
from a person or entity that proposes to enter into a mitigation
credit agreement, and from a public agency that proposes a framework,
to pay for all or a portion of the department's costs relating to
the mitigation credit agreement or proposed framework. 
   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.    Article 4 (commencing with Section
2090) is added to Chapter 1.5 of Division 3 of the Fish and Game
Code, to read:

      Article 4.  Regional Conservation Frameworks


   SECTION 1.    Chapter 9 (commencing with Section
1850) is added to Division 2 of the   Fish and Game Code
  , to read: 
      CHAPTER  9.    REGIONAL CONSERVATION FRAMEWORKS



    2090.   1850.   (a) The Legislature
finds and declares that  there is a need   it
would be beneficial  to identify wildlife and habitat
conservation  needs   initiatives  at a
regional scale, including actions needed to address the impacts of
climate change and other wildlife stressors, in order to guide 
voluntary  investments in conservation, infrastructure planning,
sustainable communities strategies, and compensatory mitigation for
impacts to natural resources, including impacts to threatened and
endangered species, other sensitive species, natural communities,
ecological processes, and wildlife corridors.
   (b) The purpose of this  article   chapter
 is to promote the  voluntary  conservation of natural
resources, including biodiversity and ecological processes, in order
to maintain the continued viability of biological communities and to
enhance their resiliency to climate change and other threats. In
order to further this goal, it is the policy of the state  to
encourage voluntary mechanisms  to conserve biological and other
natural resources and to identify natural resource conservation
 needs,   actions,  including actions
needed to promote resiliency to the impacts of climate change and
other wildlife and fisheries stressors.
   (c) In enacting this  article,   chapter,
 it is the intent of the Legislature to promote conservation
planning that identifies wildlife, fishery, and habitat conservation
needs, including actions needed to promote the resiliency to the
impacts of climate change and other wildlife stressors, in order to
guide  voluntary  investments in conservation,
infrastructure and land use planning, and compensatory mitigation for
impacts to natural resources, including impacts to threatened and
endangered species, other sensitive species, natural communities,
ecological processes, and connectivity.
    2091.   1851.   For purposes of this
 article:   chapter: 
   (a) "Areas of Conservation Emphasis" means the biodiversity
analysis completed by the department in 2010, or the latest update of
that analysis. 
   (b) "California Essential Habitat Connectivity Project" means the
final report prepared jointly by the department and the Department of
Transportation in February 2010.  
   (c) 
    (   b)  "Conservation action" means the
permanent protection of habitat, and restoration and management
actions on permanently protected habitat that help to offset the
impacts of threats to  covered   focal 
species and help to achieve biological goals and objectives for those
 covered   focal  species.  A
conservation action may include, but is not limited to, a
conservation action implemented as part of a natural community
conservation plan approved by the department pursuant to Chapter 10
(commencing with Section 2800) of Division 3, purchase of credits
from a conservation or mitigation bank approved by the department
pursuant to Chapter 7.9 (commencing with Section 1797) of Division 2,
or purchase of credits from an in-lieu fee program approved by the
department.  
   (d) "Covered 
    (   c)     "Focal  species"
means those species within the  covered  
framework  area that are both of the following:
   (1) Endangered, threatened, or candidate species pursuant to
 this chapter   Cha   pter 1.5
(commencing with Section 2050) of Division 3  or other sensitive
species.
   (2) Analyzed within and protected by conservation actions set
forth within the framework. 
   (e) 
    (   d)  "Habitat enhancement" means an action
to improve the quality of wildlife habitat, or to address risks or
stressors to wildlife, that  has long-term   durability
but  does not involve land acquisition or the permanent
protection of habitat, such as improving in-stream flows to benefit
fish species, enhancing habitat connectivity, or invasive species
control or eradication.  A habitat enhancement may include,
but is not limited to, a habitat enhancement implemented as part of a
natural community conservation plan approved by the department
pursuant to Chapter 10 (commencing with Section 2800) of Division 3,
purchase of credits from a conservation or mitigation bank approved
by the department pursuant to Chapter 7.9 (commencing with Section
1797) of Division 2, or purchase of credits from an in-lieu fee
program approved by the department.  If a habitat
enhancement is used to create   a mitigation credit 
 , "long-term durability" means that the habitat enhancement will
remain in effect for at least as long as the impact that is being
mitigated.  
   (f) 
    (   e)  "Hydrologic Unit Code Watershed" means
a watershed as described and delineated by the United States
Geological Survey. 
   (g) 
    (   f)  "Permanently protect" means doing both
of the following:
   (1) Recording a conservation easement, in a form approved in
advance in writing by the department, or establishing perpetual
protection of land in a manner substantially similar to a
conservation easement and approved in advance in writing by the
department, that prevents development, prohibits inconsistent uses,
and ensures that habitat for  covered   focal
 species is maintained.
   (2) Providing secure, perpetual funding for management of the
land. 
   (h) 
    (   g)  "Pressure" means an anthropogenic or
natural driver that could significantly change ecological conditions.
Pressures may be positive or negative depending on intensity,
timing, and duration. 
   (i) 
    (   h)  "Sensitive species" means any special
status species identified by a state or federal agency, and any
species for which the department has determined that listing as
endangered, threatened, or a candidate is reasonably foreseeable
within the term of the framework. 
   (j) 
    (   i)  "Stress" and "stressor" mean a degraded
ecological condition resulting directly or indirectly from negative
impacts of pressures, for example, habitat fragmentation. 
   (k) 
    (   j)  "USDA Ecological Subsection" means a
subsection as described and delineated by the United States
Department of Agriculture, the Forest Service and the Natural
Resource Conservation Service.
   2092.   1852.   (a) The department may
approve a regional conservation framework pursuant to this 
article.   chapter.  A regional conservation
framework may be proposed by the department or any other public
agency.
   (b) The purpose of a regional conservation framework shall be to
 guide   provide voluntary guidance for 
one or more of the following in ways that will enhance the long-term
viability of native species, habitat, and other natural resources:
   (1) Identification of wildlife and habitat conservation 
needs,   priorities,  including actions needed to
address the impacts of climate change and other wildlife stressors.
   (2) Investments in natural resource conservation.
   (3) Infrastructure planning.
   (4) Identification of conservation priorities for land use
planning.
   (5) Identification of priority locations for compensatory
mitigation for impacts to species and natural resources.
   (c) A regional conservation framework shall include all of the
following:
   (1) An explanation of the conservation purpose of and need for the
framework.
   (2) The geographic area of the framework and rationale for the
selection of the area.
   (3) The focal species included in, and their current known or
estimated status within, the framework.
   (4) Other important species, habitat, and other natural and
seminatural resource conservation elements within the framework area,
and an explanation of the criteria, data, and methods used to
identify those important conservation elements.
   (5) A summary of historic, current, and projected future stressors
and pressures in the framework area on the focal species, habitat,
and other natural resources.
   (6) Conservation goals and measurable objectives for the important
conservation elements identified in the framework that address or
respond to the identified stressors and pressures.
   (7) Conservation actions, including a description of the general
amounts and types of habitat that, if restored or enhanced and
permanently protected, could achieve the conservation goals and
objectives.
   (8) A description of how the conservation actions and habitat
enhancements were prioritized and selected in relation to the
conservation goals and objectives.
   (9) An explanation of how the framework is consistent with or
complements any natural community conservation plan, habitat
conservation plan, recovery plan, and other conservation or recovery
plan that overlaps with the framework area.
   (10) A description of how the framework's conservation goals and
objectives provide for adaptation opportunities against the effects
of climate change for species covered by the framework.
   (11) Incorporation and reliance on, and citation of, the best
available scientific information, and a brief analysis of gaps in
relevant scientific information.
   (12) A regional conservation assessment that provides context at
an ecoregional or subecoregional scale for the development of the
framework. If a regional conservation assessment has already been
prepared, the regional conservation framework may incorporate the
assessment by reference, and shall update or supplement the
assessment as necessary for the framework. A regional conservation
assessment shall do all of the following:
   (A) Identify and summarize relevant regional pressures, stressors,
and conservation priorities, including priority conservation areas
and habitat connectivity values, included in all of the following:
   (i) Conservation plans, such as the State Wildlife Action Plan and
natural community conservation plans.
   (ii) Analyses designed to identify areas of high biological
diversity, such as the Areas of Conservation Emphasis.
   (iii) Analyses designed to identify areas of high value for
habitat  connectivity, such as the California Essential
Habitat Connectivity Project.   connectivity. 
   (B) Identify the best available scientific information and
analyses, including geospatial information regarding the distribution
of species and natural communities.
   (C) Use spatial analysis to identify ecological relationships
between existing protected areas and priority conservation areas.
   (D) Enable and promote consistency among regional conservation
assessments throughout California by using standard or prevalent
vegetation classifications and standard ecological subdivision
classifications for terrestrial and aquatic data.
   (E) Be consistent with approved natural community conservation
plans, regional habitat conservation plans, and recovery plans within
the ecoregion or subecoregion included in the assessment.
   (F) Briefly assess the climate change vulnerability of identified
priority conservation areas.
   (G) Compile input and summary priority data in a consistent format
that could be uploaded for interactive use in  a 
 an Internet  Web portal and would allow stakeholders to
generate queries of conservation values in subregions within the
region.
    2093.   1853.   (a) The department may
prepare or approve a regional conservation framework, or approve the
framework with amendments, for a period of up to five years after
finding that the framework meets the requirements of Section 
2092.   1852. 
   (b) The level of detail necessary for each regional conservation
framework shall be at the discretion of the department and shall be
assessed independently for each framework, taking into account the
requirements of Section  2092   1852  and
the intended uses and scope of the framework. It is the intent of
this  article   chapter  to establish
general guidelines and requirements that allow sufficient flexibility
to develop each regional conservation framework based on the best
available information regarding the framework area.
   (c) (1) Prior to submitting a draft regional conservation
framework to the department for approval, a public agency proposing a
framework shall hold at least two public meetings to allow
interested persons and entities to receive information about the 
proposed  draft framework  early in the process of
preparing it  and to have an adequate opportunity to provide
written and oral comments. At least one of the public meetings shall
be held at a location within the framework area.  A public agency
shall provide public notice of the me   etings that shall
include, at a minimum, notice to the county clerk of each county
within the geographical scope of the framework, with a request to
post the notice in the office of the county clerk, and publication in
  at least one newspaper of general circulation.  

   (2) At least 60 days before submitting a draft regional
conservation framework to the department for approval, the public
agency proposing the framework shall notify the board of supervisors
in each county within the geographical scope of the framework and
provide the board of supervisors with an opportunity to submit
written comments.  
   (2) 
    (   3)  Within 30 days of deeming a draft
regional conservation framework complete, the department shall make
the draft framework available to the public on its Internet Web site
for review and comment for a period of at least 30 days.
   (d) The department shall make all approved regional conservation
frameworks, including all updates to scientific information and
analyses used in a regional conservation framework, available on its
Internet Web site. 
   1854.  (a) Regional conservation frameworks and mitigation
agreements shall not affect the authority or discretion of any public
agency, except as specifically provided in this chapter. Nothing in
this chapter increases the authority or jurisdiction of the
department to regulate any land use, species, habitat, area,
resource, plan, process, or corridor.
   (b) The approval or existence of a regional conservation framework
or mitigation credit agreement pursuant to this chapter does not do
any of the following:
   (1) Establish a presumption under the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code) that any project's impacts are, or are not,
potentially significant.
   (2) Prohibit or authorize any project or project impacts.
   (3) Create a presumption or guarantee that any proposed project
will be approved or permitted, or that any proposed impact will be
authorized, by any state or local agency.
   (4) Create a presumption that any proposed project will be
disapproved or prohibited, or that any proposed impact will be
prohibited, by any state or local agency.
   (5) Alter or affect, or create additional requirements for, the
general plan of the city, county, or city and county, in which it is
located.
   (6) Have a binding or mandatory regulatory effect on private
landowners or project proponents. 
    2094.   1855.   (a) A conservation
action or habitat enhancement that measurably advances the
conservation objectives of an approved regional conservation
framework may be used to  fulfill, in whole or in part,
compensatory mitigation requirements   create mitigation
credits that can be used to compensate  for impacts to species,
habitat, and other natural resources, as provided in this section.
To be used  for compensatory mitigation,   to
create mitigation credits,  a conservation action or habitat
enhancement shall be implemented in advance of the impacts.
   (b) For a conservation action or habitat enhancement identified in
a regional conservation framework to be used  for
compensatory mitigation purposes   to create mitigation
credits  pursuant to this section, the regional conservation
framework shall include, in addition to the requirements of Section
 2092,   1852,  all of the following:
   (1) An adaptive management and monitoring strategy for conserved
habitat and other conserved natural resources.
   (2) A process for updating the scientific information used in the
framework, and for evaluating the effectiveness of conservation
actions and habitat enhancements identified in the framework
offsetting identified threats to focal species and to achieve the
framework's biological goals and objectives, at least once every five
years.
   (3) Identification of a public or private entity that will be
responsible for the periodic evaluation and for updating the
framework periodically to incorporate the best available scientific
information and analyses.
   (c) A  conservation action or habitat enhancement
implemented   mitigation credit created  in
accordance with an approved regional conservation framework may be
used for the following: 
   (1) To fulfill, in whole or in part, compensatory mitigation
requirements set forth in a permit issued pursuant to subdivision (b)
of Section 2081 if the department determines that the conservation
action or habitat enhancement meets the requirements of Section 2081.
 
   (2) To fulfill, in whole or in part, compensatory mitigation
requirements established by any state or local agency pursuant to the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) or any regulatory
program within the state or local agency's jurisdiction, if the
agency determines that the conservation action or habitat enhancement
meets California Environmental Quality Act requirements for
mitigation for the potential environmental impacts of a proposed
project, as identified in an environmental impact report or a
mitigated negative declaration prepared for the project. 

   (d) The department shall ensure the long-term durability of a
habitat enhancement. If a habitat enhancement is used to provide
compensatory mitigation, the habitat enhancement shall remain in
effect for at least as long as the impact that is being mitigated.
 
   (e) A conservation action or habitat enhancement implemented in
accordance with an approved regional conservation framework may be
used to create mitigation credits under a written mitigation credit
agreement between the department and the person or entity, including
a state or local agency, that implements the conservation action or
habitat enhancement.  
   (1) To compensate for take or other adverse impacts of activities
authorized pursuant to Chapter 1.5 (commencing with Section 2050) of
Division 3 within the regional conservation framework area. 

   (2) To reduce adverse impacts to fish and wildlife resources from
activities authorized pursuant to Chapter 6 (commencing with Section
1600) within the regional conservation framework area to less than
substantial.  
   (3) To mitigate significant effects on the environment within the
regional conservation framework area pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and Guidelines for
Implementation of the California Environmental Quality Act (Chapter 3
(commencing with Section 15000) of Division 6 of Title 14 of the
California Code of Regulations). 
    (d)     To create mitigation credits
pursuant to this section, a person or entity, including a state or
local agency, shall enter into a mitigation credit agreement with the
department.  The mitigation credit agreement shall establish
the type and number of mitigation credits created by the conservation
action or habitat enhancement and the terms and conditions under
which the mitigation credits may be used. The person or entity may
create and use,  or sell   sell,  or
otherwise  transfer,   transfer  the
mitigation  credits to offset environmental impacts,
  credits,  upon department approval that the
credits have been created in accordance with the agreement. To enter
into a mitigation credit agreement with the department, a person or
entity shall submit  the following   a draft
mitigation credit agreement  to the department for its review,
revision, and  approval:   approval. The
department may enter into a mitigation credit agreement if it
determines that the mitigation credit agreement provides all of the
following: 
   (1) The person or entity's contact information.
   (2) A description of the proposed conservation action or habitat
enhancement.
   (3) A location map, address, and size of the site where the
proposed conservation action or habitat enhancement will be
implemented.
   (4) Color aerial and ground-level photographs that reflect current
conditions on the site and surrounding properties.
   (5) A draft of the proposed mitigation credit agreement that
includes an explanation of how the proposed conservation action or
habitat enhancement will be implemented and how the proposed
mitigation credits will be created and used, including all of the
following:
   (A) The proposed type and quantity of mitigation credits and the
supporting rationale.
   (B) A proposed service area defined by a USDA Ecological
Subsection or Hydrologic Unit Code Watershed unit.
   (C) An explanation of how the proposed conservation action or
habitat enhancement is consistent with the regional conservation
framework, including how the action will help to achieve the
framework's biological goals and objectives.
   (D) Metrics or indicators by which the proposed conservation
action or habitat enhancement's contribution to achieving the
framework's conservation goals and objectives can feasibly be
measured with existing technology.
   (E) The proposed landownership of the site of the conservation
action or habitat enhancement.
   (F) How the site of the conservation action will be permanently
protected and managed in perpetuity, including, if applicable, a
draft conservation easement.
   (G) How the implementation of the conservation action or habitat
enhancement, including long-term protection and management of the
site, will be funded.
   (H) A draft of the long-term management plan for the site.
   (I) A draft long-term monitoring and adaptive management plan for
the site.
   (J) Drafts of habitat restoration plans and performance criteria,
if applicable.
   (K) An explanation of how the proposed mitigation credits will be
accounted for, including the specific methods proposed for reporting
and maintaining records of credit creation, release, and use,
 sale   sale,  or transfer.
   (6) Other information, analysis, and legal or financial assurances
of implementation as the department deems necessary or appropriate.

   (f) 
    (e)  Nothing in this  article  
chapter  is intended to limit or impose additional conditions on
the creation or sale of mitigation credits by a conservation bank or
mitigation bank approved by the department pursuant to Chapter 7.9
(commencing with Section  1797) of Division 2.  
1797).  
   (g) 
    (f)  The creation of mitigation credits pursuant to this
section from a conservation action or habitat enhancement
implemented within the plan area of an approved natural community
conservation plan shall not duplicate or replace mitigation
requirements set forth in the natural community conservation plan and
shall require the advance written approval of the plan's
implementing entity. 
   (h) The approval of a regional conservation framework pursuant to
this article does not authorize any project or project impacts, nor
does it create any presumption or guarantee that a proposed project
will be approved or permitted or that a proposed impact will be
authorized by any state or local agency.  
   1856.  The department may collect fees from a person or entity
that proposes to enter into a mitigation credit agreement, and from a
public agency that proposes a regional conservation framework, to
pay for all or a portion of the department's costs relating to the
mitigation credit agreement or proposed framework.