Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1046

Introduced by Senator Dahle
(Coauthors: Senators Archuleta, Bates, and Nielsen)
(Coauthors: Assembly Members Choi, Mathis, Patterson, and Voepel)

February 18, 2020

An act to amend Section 2077 of the Fish and Game Code, relating to fish and wildlife. An act to add Section 702.2 to the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


SB 1046, as amended, Dahle. California Endangered Species Act: species review. Fish and wildlife: catastrophic wildfires: Sierra Nevada region: reports.
Existing law establishes the Department of Fish and Wildlife and prescribes the functions and responsibilities of the department with regard to the implementation, administration, and enforcement of laws regulating fish and wildlife in the state. Existing law also establishes the Department of Forestry and Fire Protection and requires the department to implement and administer various fire prevention and suppression programs on lands under the jurisdiction of the department.
This bill would require the Department of Fish and Wildlife, in consultation with the Department of Forestry and Fire Protection, on or before December 31, 2021, and by December 31 each year thereafter, to study, investigate, and report to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire, as defined, that occurred within the Sierra Nevada region during that calendar year, including specified information on a catastrophic wildfire’s impact on ecosystems, biodiversity, and protected species. For the report required to be submitted on or before December 31, 2021, the bill would also require the report to include information about catastrophic wildfires that occurred in the Sierra Nevada region during the calendar years 2017 to 2020, inclusive.
Existing law, the California Endangered Species Act, among other things, requires the Department of Fish and Wildlife, upon a specific appropriation of funds by the Legislature or if other funding is available, to review species listed as endangered or threatened every 5 years to determine if the conditions that led to the original listing are still present, and prescribes procedures to be followed by the department in making that determination.
This bill would make nonsubstantive changes to these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 702.2 is added to the Fish and Game Code, to read:

702.2.
 (a) (1) The department, in consultation with the Department of Forestry and Fire Protection, shall study, investigate, and report, on or before December 31, 2021, and by December 31 each year thereafter, to the Legislature on the impacts on wildlife and wildlife habitat resulting from any catastrophic wildfire that occurred within the Sierra Nevada region that calendar year, including all of the following information:
(A) The catastrophic wildfire’s impact on ecosystems and habitat that support wildlife native to the Sierra Nevada region.
(B) The catastrophic wildfire’s impact on biodiversity in the Sierra Nevada region, including, but not limited to, areas of conservation emphasis as defined by subdivision (b) of Section 1851.
(C) The catastrophic wildfire’s impact on any species protected under Chapter 1.5 (commencing with Section 2050) of Division 3, including any endangered species, threatened species, or candidate species.
(2) The report that is required to be submitted on or before December 31, 2021, shall also include information about catastrophic wildfires that occurred in the Sierra Nevada region during the calendar years 2017 to 2020, inclusive, consistent with the requirements specified in paragraph (1).
(3) A report submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.
(b) For purposes of this section, the following definitions apply:
(1) “Catastrophic wildfire” means a wildfire that has burned 10,000 acres or more of land in the state.
(2) “Sierra Nevada region” has the same meaning as defined in Section 33302 of the Public Resources Code.

SECTION 1.Section 2077 of the Fish and Game Code is amended to read:
2077.

(a)Upon a specific appropriation of funds by the Legislature, the department shall, or if other funding is available, in the absence of a specific appropriation, may, review species listed as an endangered species or as a threatened species every five years to determine if the conditions that led to the original listing are still present. The review shall be conducted based on information that is consistent with the information specified in Section 2072.3 and that is the best scientific information available to the department. The review shall include a review of the identification of the habitat that may be essential to the continued existence of the species and the department’s recommendations for management activities and other recommendations for recovery of the species. The department shall notify any person who has notified the commission, in writing with their address, of their interest, and the department may notify any other person.

(b)The department shall conduct the review of species pursuant to subdivision (a) that are listed by both the commission and the United States Department of the Interior in conjunction with the five-year review process of the United States Department of the Interior.

(c)Initial review of those species listed by the commission before January 1, 1982, that are not listed by the federal government shall be undertaken and completed by July 1, 1987. Initial review of those species listed by the commission after January 1, 1982, that are not listed by the federal government shall be undertaken and completed within five years of the date the species was originally listed by the commission.

(d)Notwithstanding any other provision of this section, the commission or the department may review a species at any time based upon a petition or upon other data available to the department and the commission.

(e)The department shall report in writing to the commission the results of its five-year review for each listed species. The commission shall treat any report of the department under this subdivision that contains a recommendation to add a species to, or remove a species from, the list of endangered species or the list of threatened species as a department recommendation submitted pursuant to Section 2072.7.