Bill Text: CA AB516 | 2013-2014 | Regular Session | Amended
Bill Title: Electrical transmission infrastructure: taking of birds, nests, and eggs: permits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB516 Detail]
Download: California-2013-AB516-Amended.html
BILL NUMBER: AB 516 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Brown
FEBRUARY 20, 2013
An act relating to energy. regulation of
energy and wildlife resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 516, as amended, Brown. Renewable energy:
Electrical transmission infrastructure: taking of
birds. birds, nests, and eggs: permits.
Existing law establishes the Department of Fish and Wildlife and
requires the department to enforce and administer the fish and game
laws pursuant to the policies formulated by the Fish and Game
Commission. Existing law makes it is unlawful to take, possess, or
needlessly destroy the nest or eggs of any bird, except as provided.
Existing law makes it is unlawful to take, possess, or destroy any
birds-of-prey or to take, possess, or destroy the nest or eggs of
these birds, except as provided. For these purposes, under existing
law "take" means hunt, pursue, catch, capture, or kill, or attempt to
hunt, pursue, catch, capture, or kill.
This bill would authorize the department to issue a permit to an
applicant to take the nests or eggs of any bird and to take any
birds-of-prey if the take is incidental to the construction of an
electrical transmission infrastructure project, as defined, and if
the applicant satisfies other specified conditions. This bill would
require an application for a permit to be submitted to each regional
manager for the region or regions in which the electrical
transmission infrastructure project will be located and to contain
specified information. This bill would provide that these permits
shall be subject to the Permit Streamlining Act. This bill would
provide that these provisions shall remain in effect until January 1,
2015, or until the date of final adoption of regulations by the Fish
and Game Commission authorizing a permitting program for take of
birds, eggs, and nests protected by the provisions described above,
whichever is sooner.
Under existing law, the department is authorized to issue permits
to take specified birds and animals. A violation of a permit issued
by the department is a crime.
Because this bill would authorize the department to issue a permit
to take birds-of-prey and the nests and eggs of any bird, the
violation of which would be a crime, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Under existing law, the Public Utilities Commission has regulatory
authority over public utilities, including electrical corporations,
as defined, while local publicly owned electric utilities, as
defined, are under the direction of their governing boards. Existing
law establishes various requirements and programs to promote the use
of renewable energy. Existing law establishes the Department of Fish
and Wildlife and requires the department to enforce and administer
the fish and game laws pursuant to the policies formulated by the
Fish and Game Commission. Existing fish and game laws make it
unlawful to take any bird, except as provided.
This bill would state the intent of the Legislature to enact
legislation that would establish a mechanism for permitting the
taking of birds, eggs, and nests, subject to reasonable avoidance,
minimization, and mitigation measures to facilitate the construction
of electrical transmission infrastructure to help achieve the state's
renewable energy goals.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) It is in the interest of the state to maintain the reliability
of the electric system and to facilitate the permitting of
electrical transmission infrastructure projects to serve eligible
renewable energy resources under the California Renewables Portfolio
Standard Program (Article 16 (commencing with Section 399.11) of
Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code).
(b) Sections 3503 and 3503.5 of the Fish and Game Code prohibit
the take, possession, or needless destruction of eggs or nests of any
bird and prohibit the take, possession, or destruction of any birds
in the orders Falconiformes or Strigiformes or the take, possession,
or destruction of the eggs or nests of these birds.
(c) Sections 3503 and 3503.5 of the Fish and Game Code do not
authorize the Department of Fish and Wildlife to permit the take of
birds, eggs, or nests described in these sections.
(d) To facilitate the construction of electrical transmission
infrastructure projects to help achieve the state's renewable energy
goals, it is in the interest of the state to establish a mechanism
for permitting the take of birds, eggs, and nests subject to
reasonable avoidance, minimization, and mitigation measures.
SEC. 2. For purposes of this act, "electrical
transmission infrastructure project" means any project required to
interconnect renewable generation to the grid, or required for system
reliability, as approved by the California Independent System
Operator through its annual transmission planning process.
SEC. 3. Notwithstanding Sections 3503 and 3503.5
of the Fish and Game Code, the Department of Fish and Wildlife may
issue a permit to take the nests and eggs of any birds and to take
birds in the orders Falconiformes or Strigiformes (birds-of-prey) if
all of the following conditions are met:
(a) The take is incidental to the construction of an electrical
transmission infrastructure project.
(b) The applicant takes all reasonable steps to avoid take
consistent with project construction, as described in Section 4 of
this act.
(c) The impacts of the authorized take are minimized and fully
mitigated. The measures required to meet this obligation shall be
roughly proportional in extent to the impact of the authorized take
of the species. Where various measures are available to meet this
obligation, the measures required shall maintain the applicant's
objectives to the greatest extent possible. The required measures
shall be capable of successful implementation. For purposes of this
act, the impacts of taking shall include all impacts on the species
that result from any act that would cause the proposed taking.
(d) The applicant shall ensure adequate funding to implement the
measures required by subdivision (c) and for monitoring compliance
with, and effectiveness of, those measures.
(e) The issuance of the permit shall not jeopardize the continued
existence of the species. The department shall make this
determination based on the best scientific and other information that
is reasonably available, and shall include consideration of the
species' capability to survive and reproduce, and any adverse impacts
of the taking on those abilities in light of the known population
trends of the species, the known threats to the species, and the
reasonably foreseeable impacts on the species from other projects and
activities.
SEC. 4. An application for a permit under this act
shall be submitted to each regional manager for the region or
regions in which the electrical transmission infrastructure project
will be located and shall include all of the following:
(a) A complete description of the electrical transmission
infrastructure project for which the permit is sought.
(b) The location where the electrical transmission infrastructure
project is to be constructed.
(c) An analysis of the anticipated extent of the take of birds,
eggs, and nests to be covered by the permit that will result from the
electrical transmission infrastructure project including the common
and scientific names of the birds and their protected status, if any,
under state and federal law.
(d) An analysis of whether the issuance of the permit would
jeopardize the continued existence of a species.
(e) Proposed measures to avoid, minimize, and mitigate the impacts
of the proposed taking.
(f) A proposed plan to monitor compliance with the avoidance,
minimization, and mitigation measures and the effectiveness of such
measures.
(g) A description of the funding source and the level of funding
available for implementation of avoidance, minimization, and
mitigation measures.
(h) Any other information the Department of Fish and Wildlife
reasonably determines is necessary.
SEC. 5. Permits issued pursuant to this act shall
be subject to the Permit Streamlining Act (Chapter 4.5 (commencing
with Section 65920) of Division 1 of Title 7 of the Government Code).
SEC. 6. This act shall remain in effect only until
January 1, 2015, or until the date of final adoption of regulations
by the Fish and Game Commission authorizing a permitting program for
the take of birds, eggs, and nests protected by Sections 3503 and
3503.5, whichever is sooner, and as of that date is repealed.
SEC. 7. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. It is the intent of the Legislature
to enact legislation that would establish a mechanism for permitting
the taking of birds, eggs, and nests, subject to reasonable
avoidance, minimization, and mitigation measures to facilitate the
construction of electrical transmission infrastructure to help
achieve the state's renewable energy goals.
