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

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

---

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

---

BILL NUMBER: AB 2087	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 22, 2016
	AMENDED IN ASSEMBLY  MAY 31, 2016
	AMENDED IN ASSEMBLY  APRIL 5, 2016

INTRODUCED BY   Assembly Member Levine

                        FEBRUARY 17, 2016

   An act to add Chapter 9 (commencing with Section 1850) to Division
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   an initial 
period of up to  5   10  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, that measurably advance the conservation objectives of an
approved framework and that meet other specified requirements, to be
used to 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, to reduce adverse impacts to fish  and   or
 wildlife  resources   resources, or both,
 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. To create these mitigation credits, the
bill would require a person or entity to enter into a mitigation
credit agreement with the department that meets specified
requirements.  The bill would prohibit the release of mitigation
credits for use, sale, or transfer under a mitigation credit
agreement unless the department approves the release in accordance
with certain 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.  The bill would authorize the department to
adopt guidelines and criteria to aid in the implementation of the
mitigation credit provisions and would exempt the adoption of these
guidelines and criteria from the Administrative Procedure 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.  Chapter 9 (commencing with Section 1850) is added to
Division 2 of the Fish and Game Code, to read:
      CHAPTER 9.  REGIONAL CONSERVATION FRAMEWORKS


   1850.  (a) The Legislature finds and declares that it would be
beneficial to identify  wildlife   species 
and habitat conservation 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   ecological  resources, including impacts
to threatened and endangered species, other sensitive species,
natural communities, ecological processes, and wildlife corridors.
   (b) The purpose of this 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   ecological  resources and to
identify  natural resource  conservation actions,
including actions needed to promote resiliency to the impacts of
climate change and other  wildlife and fisheries stressors.
  stressors   to species and habitat. 

   (c) It is further the policy of the state to encourage voluntary
mechanisms to identify and implement advance mitigation actions that
do the following:  
   (1) Can be used to compensate for project impacts, including, but
not limited to, infrastructure and renewable energy projects, more
efficiently.  
   (2) Are effective ecologically.  
   (3) Will help to conserve regionally important biological and
other ecological resources.  
   (c) 
    (d)  In enacting this chapter, it is the intent of the
Legislature to promote conservation planning that identifies 
wildlife, fishery,   species  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 
 stressors. It is further the intent of the Legislature to create
nonregulatory mechanisms to guide  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. 
   (e) In enacting this chapter, it is not the intent of the
Legislature to prescribe or prohibit land uses, establish land use
designations, or to affect the land use authority of any public
agency. 
   1851.  For purposes of this chapter:
   (a) "Areas of Conservation Emphasis" means the biodiversity
analysis completed by the department in 2010, or the latest update of
that analysis.
   (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 focal
species and help to achieve biological goals and objectives for
those focal species. 
   (c) "Conservation easement" means a perpetual conservation
easement that complies with Chapter 4 (commencing with Section 815)
of Title 2 of Part 2 of Division 2 of the Civil Code.  
   (c) 
    (d)  "Focal species" means  those  
native  species within  the   a regional
conservation  framework area that are  both of the
following:   analyzed in the framework and will benefit
from conservation actions set forth in the framework.  
   (1) Endangered, threatened, or candidate species pursuant to
Chapter 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.  
   (d) 
    (e)  "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. If a
habitat enhancement is used to create  a mitigation credit,
"long-term durability"   one or more mitigation credits
pursuant to this chapter, long-term durability  means that the
habitat enhancement will remain in effect for at least as long as the
impact that is being mitigated. 
   (e) "Hydrologic Unit Code Watershed" means a watershed as
described and delineated by the United States Geological Survey.
 
   (f) "Performance-based milestones" means specifically identified
steps in the implementation of a conservation action or habitat
enhancement, such as site protection, initiating implementation,
completing implementation, or achieving performance standards. 

   (g) "Performance standards" means observable or measurable
physical or biological attributes that are used to determine if a
conservation action or habitat enhancement has met its objectives.
 
   (f) 
    (h)  "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 focal species is
maintained.
   (2) Providing secure, perpetual funding for management of the
 land.   land, monitoring, and enforcement.
 
   (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.
 
   (h) 
    (i)  "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. 
   (i) "Stress" and "stressor" mean a degraded ecological condition
resulting directly or indirectly from negative impacts of pressures,
for example, habitat fragmentation.  
   (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.

   1852.  (a) The department may approve a regional conservation
framework pursuant to this 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
 provide voluntary guidance for one or more of the following
in ways that will enhance the long-term viability of native 
   inform actions that would advance the  
conservation of focal  species, habitat, and other natural
 resources:   resources and to provide voluntary
guidance for one or more of the following: 
   (1) Identification of wildlife and habitat conservation
priorities, including actions needed to address the impacts of
climate change and other wildlife stressors.
   (2) Investments in  natural   ecological
 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,   Important
 habitat, and other natural and seminatural resource
conservation elements within the framework area,  including, but
not limited to, habitat connectivity and existing protected areas,
 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 
focal species and  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,  federal
 habitat conservation plan,  state or   federal
 recovery plan,  and   or  other 
approved  conservation  or recovery plan  
strategy  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.
  the framework's focal species. 
   (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.
   (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 
 Use  standard or prevalent vegetation classifications and
standard  ecological subdivision   ecoregional
 classifications for terrestrial and aquatic  data.
  data to enable and promote consistency among regional
conservation assessments throughout California. 
   (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   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 an Internet Web portal
and  that  would allow stakeholders to generate queries of
conservation values  in subregions  within the
region.
   1853.  (a) The department may prepare or approve a regional
conservation framework, or approve the framework with amendments, for
 a   an initial  period of up to 
five   10  years after finding that the framework
meets the requirements of Section 1852.  The department may
extend the duration of an approved regional conservation framework
for   additional periods of up to 10 years after finding
that the framework continues to meet the requirements of Section
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 1852 and the intended uses and
scope of the framework. It is the intent of this 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 meetings 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.   If preparation of a regional conservation
framework was initiated before January 1, 2017, the public meetings
required under this section may be held after January 1, 2017, if
they are held at least 30 days before the framework is submitted to
the department for approval.  
   (2) At least 30 days before holding public meetings to distribute
information about the development of a draft regional conservation
framework, a public agency proposing a framework shall provide notice
of the regional conservation framework public meetings as follows:
 
   (A) On the public agency's Internet Web site and any relevant
LISTSERV.  
   (B) To each county or city within or adjacent to the regional
conservation framework area.  
   (C) To each public agency, organization, or individual who has
filed a written request for the notice.  
   (2) 
    (3)  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. 
   (3) Within 
    (4)     After a draft regional conservation
framework is submitted to the department for approval, the
department shall have 30 days within which to deem the draft regional
conservation framework complete or to explain to   the
public agency submitting the framework what is needed to complete the
framework. 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. 
   (e) The department shall require the use of consistent metrics
that incorporate both the area and quality of habitat and other
natural resources in relation to a regional conservation framework's
conservation objectives to measure the net change resulting from the
implementation of conservation actions and habitat enhancements.

   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  or decreases
 the authority or jurisdiction of the department  to
regulate   regarding  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) Modify in any way the standards for issuance of incidental
permits or concurrence determinations pursuant to Section 2081 or
2080.1, issuance of take authorizations pursuant to Section 2835, or
the issuance of lake or streambed alteration agreements pursuant to
Section 1602.  
   (1) 
    (2)  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.   the
regiona   l conservation framework provides substantial
evidence in connection with any determination of whether a proposed
project may or may not result in significant environmental effects
and does not in any way limit a lead agency's or responsible agency's
discretion to determine, based on project-specific information,
whether a proposed project may or may not result in significant
environmental effects.  
   (2) 
    (3)  Prohibit or authorize any project or project
impacts. 
   (3) 
    (4)  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) 
    (5)  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) 
    (6)  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) 
    (7)  Have a binding or mandatory regulatory effect on
private landowners or project proponents.
   1855.  (a) A conservation action or habitat enhancement that
measurably advances the conservation objectives of an approved
regional conservation framework may be used to 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 to create  these  mitigation credits, a
conservation action or habitat enhancement shall be implemented 
successfully  in advance of the impacts.  The  
requirements of this section apply only to the generation of
mitigation credits under mitigation credit agreements pursuant to
this section. 
   (b) For a conservation action or habitat enhancement identified in
a regional conservation framework to be used to create mitigation
credits pursuant to this section, the regional conservation framework
shall include, in addition to the requirements of Section 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  tracking the progress of, and 
evaluating the effectiveness  of   of, 
conservation actions and habitat enhancements identified in the
framework  in  offsetting identified threats to focal
species and  to achieve   in achieving  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   at least once every
five years  to incorporate the best available scientific
information and analyses.
   (c) A mitigation credit created in accordance with an approved
regional conservation framework may be used for the following:
   (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  
or  wildlife resources   resources, or
both,  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) 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.
 
   (d) 
    (   e)  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, sell, or otherwise transfer the mitigation  credits,
  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 a draft mitigation credit agreement to the
department for its review, revision, and approval. The department may
enter into a mitigation credit agreement if it determines that the
mitigation credit agreement  provides   does
 all of the following: 
   (1) The person or entity's contact information.  

   (2) A description of the proposed conservation action or habitat
enhancement.  
   (1) Provides contact information for, and establishes the
qualifications of, the person or entity entering into the agreement,
the entity that will manage the site of the conservation action or
habitat enhancement, and any contractors or consultants.  
   (2) Fully describes the proposed conservation actions or habitat
enhancements. 
   (3)  A   Identifies the location of the
conservation actions or habitat enhancements, including a 
location map, address, and size of the site where the proposed
conservation action or habitat enhancement will be implemented.
   (4)  Color   Provides 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:  
   (5) Explains how the mitigation credits will be created,
including, but not limited to, information regarding proposed
ownership arrangements, long-term management strategy, and any phases
of implementation.  
   (6) Includes a natural resources evaluation that documents biotic
and abiotic baseline conditions, including past, current, and
adjacent land uses, vegetation types, species information,
topography, hydrology, and soil types.  
   (7) Identifies public lands and permanently protected lands in the
vicinity of the conservation actions or habitat enhancements. 

   (A) The proposed 
    (8)     Fully describes 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 
    (9)     Explains  how the proposed
conservation  action  actions  or habitat
 enhancement is consistent with   enhancements
will measurably advance conservation objectives of  the regional
conservation  framework, including how the action will help
to achieve the framework's biological goals and objectives. 
 framework that have not yet been achieved.  
   (D) Metrics 
    (10)     Identifies 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.  The net ecological gain from the implementation of
conservation actions and habitat enhancements shall be reported using
consistent metrics that measure the increment of gain in the area
and quality of habitat or other natural resource values compared to
baseline conditions, and measures the increment of gain in relation
to the regional conservation framework's conservation objectives.
 
   (E) The proposed 
    (11)     Describes the proposed 
landownership of the site  or sites  of the conservation
 action   actions  or habitat 
enhancement.   enhancements.  
                                              (F) How the site of the
conservation action will be permanently protected and managed in
perpetuity, including, if applicable, a draft conservation easement.
 
   (12) Includes a template conservation easement for the sites of
any conservation action and an explanation of how the long-term
durability of the sites of any habitat enhancements will be ensured.
 
   (G) How the 
    (13)     Ensures that the 
implementation of the conservation action or habitat enhancement,
including long-term protection and management of the site, will be
 funded.   funded in accordance with Chapter 4.6
(commencing with Section 65965) of Division 1 of Title 7 of the
Government Code   .  
   (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.  
   (14) Includes a template monitoring and long-term adaptative
management plan.  
   (K) An explanation of 
    (15)     Explains the terms and conditions
under which the proposed mitigation credits may be so   ld
or otherwise transferred and  how the proposed mitigation
credits will be accounted for, including the specific methods
proposed for reporting and maintaining  records 
 a record  of credit creation, release, and use, sale, or
transfer. 
   (16) Includes enforcement provisions.  
   (17) Ensures that, for each site on which the conservation actions
or habitat enhancements will be implemented, the following shall be
prepared and submitted to the department for review for adequacy and
approval prior to implementation:  
   (A) Site-specific conservation objectives of the conservation
actions or habitat enhancements and how they reflect a measurable
advancement of the conservation objectives of the regional
conservation framework.  
   (B) Preliminary natural resources surveys that document biotic and
abiotic baseline conditions, including past, current, and adjacent
land uses, vegetation types, species information, topography,
hydrology, and soil types.  
   (C) For conservation actions, the conservation easement that will
be used to permanently protect the site, and for habitat
enhancements, the instrument that will be used to ensure their
long-term durability.  
   (D) A management plan that includes the short-term and long-term
management actions necessary to ensure that the conservation actions
or habitat enhancements achieve their site-specific conservation
objectives.  
   (E) If mitigation credits are proposed to be created from habitat
enhancements or conservation actions that include restoration of
ecological resources, detailed plans, including as-built designs and
ecological performance standards.  
   (F) A property analysis record or other comparable economic
analysis of the funding necessary to support site-specific
maintenance activities, such as monitoring and reporting, in
perpetuity.  
   (G) The sources for, and the terms under which, the endowment for
long-term protection, management, and enforcement will be funded.
 
   (H) A current preliminary report covering the site of the
conservation actions or habitat enhancements that identifies the
owner of the fee simple title and shows all liens, easements, and
other encumbrances and depicts all relevant property lines,
easements, dedications, and other features.  
   (I) A declaration of whether or not the proposed site has been or
is being used as mitigation, is designated or dedicated for park or
open space use, or designated for purposes that may be inconsistent
with habitat preservation.  
   (J) Details of any public funding received for acquisition or
restoration of, or other purposes related to, the proposed site.
 
   (K) A phase I environmental site assessment of the site dated not
more than six months prior to the date of submission to the
department. This assessment shall be performed in accordance with the
ASTM International Standard E1527-05 "Standard Practice for
Environmental Site Assessments: Phase I Environmental Site Assessment
Process" or any successive ASTM International standard active at the
time of the assessment.  
   (18) Includes a proposed credit ledger and credit release schedule
that meets the requirements of subdivision (f).  
   (6) Other information, 
    (19)     Includes any other information,
 analysis, and legal or financial assurances of implementation
as the department deems necessary or appropriate. 
   (f) (1) The release of mitigation credits for use, sale, or
transfer under a mitigation credit agreement shall require the
department's approval in accordance with this subdivision.  

   (2) The release of mitigation credits shall be tied to
performance-based milestones and achievement of ecological
performance standards. The credit release schedule for each
mitigation credit agreement shall reserve a substantial share of the
total credits for release after those ecological performance
standards are fully achieved.  
   (3) The terms of the credit release schedule shall be specified in
the mitigation credit agreement. When conservation actions and
habitat enhancements are implemented and meet the performance-based
milestones specified in the credit release schedule, credits shall be
created in accordance with the credit release schedule. If a
conservation action or habitat enhancement does not meet those
performance-based milestones, the department may suspend the release
of credits, reduce the number of credits, or otherwise modify the
credit release schedule accordingly.  
   (4) In order for mitigation credits to be released, the person or
entity that has entered into a mitigation credit agreement shall
demonstrate to the department that the appropriate performance-based
milestones for credit release have been met. The department shall
determine whether the milestones have been met and the credits may be
released.  
   (e) 
    (   g)  Nothing in this 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). 
   (f) 
    (   h)  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.  Mitigation credits created pursuant to this
section may be used for covered activities under an approved natural
community conservation plan only in accordance with the requirements
of the plan. 
   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. 
   1857.  The department may adopt guidelines and criteria to aid in
the implementation of Section 1855. Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code does not apply to the development, adoption, or amendment of
guidelines or criteria pursuant to this section. These guidelines and
criteria shall be posted on the department's Internet Web site.