Bill Text: CA SB1446 | 2009-2010 | Regular Session | Amended
Bill Title: Endangered and threatened species: habitat mitigation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-05-27 - Placed on inactive file on request of Senator Correa. [SB1446 Detail]
Download: California-2009-SB1446-Amended.html
BILL NUMBER: SB 1446 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 20, 2010
INTRODUCED BY Senator Correa
FEBRUARY 19, 2010
An act to add Section 2081.2 to the Fish and Game Code,
relating to endangered and threatened species.
LEGISLATIVE COUNSEL'S DIGEST
SB 1446, as amended, Correa. Endangered and threatened species:
incidental take permits. habitat mitigation.
Existing law, the California Endangered Species Act (CESA)
, prohibits the importation, exportation, taking, possession,
purchase, or sale of any threatened or endangered species, except in
certain situations. The act CESA , with
exceptions, authorizes the Department of Fish and Game to authorize
the take of threatened species, endangered species, or candidate
species by permit if the take is incidental to an otherwise lawful
activity, the impacts of the authorized take are minimized and fully
mitigated, the permit is consistent with specified regulations, and
the applicant ensures adequate funding to implement the minimization
and mitigation measures and monitor compliance with, and
effectiveness of, those measures.
This bill, with respect to the requirement that the applicant
ensure adequate funding to implement the minimization and mitigation
measures and monitor compliance with those measures, would require
that an applicant that is a city, county, or other public agency be
deemed to meet that requirement if the city, county, or other public
agency complies with specified financial and accounting requirements
and certifies that it will annually appropriate sufficient moneys to
fund its minimization and mitigation obligations. The bill would
require that certification to include specified components.
This bill would make several statements of legislative intent,
relating to the establishment of alternatives for financial
assurances under CESA for public agencies that would ensure that
those agencies fully fund their obligations on an ongoing basis for
habitat mitigation and the maintenance and monitoring of that
mitigation.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature:
(a) To establish one or more alternatives for financial assurances
under the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code) for
public agencies that would ensure that those agencies fully fund
their obligations on an ongoing basis for habitat mitigation and the
maintenance and monitoring of that mitigation pursuant to Section
2081 of the Fish and Game Code.
(b) That those alternatives described in subdivision (a) include,
but not be limited to, options based on a formula that considers the
geographic size of the public entity and its population, a letter of
credit, a memorandum of agreement, or other arrangements for
financial assurances.
(c) That any alternative established in accordance with this
section should provide, at a minimum, mechanisms to do all of the
following:
(1) Establish when a default of a public agency's mitigation
obligation has occurred.
(2) Provide access to the funds in the event of a default.
(3) Provide for the modification of any agreement that would be
approved by the Department of Fish and Game.
SECTION 1. Section 2081.2 is added to the Fish
and Game Code, to read:
2081.2. An applicant that is a city, county, or other public
agency that does not have a known termination date, and has the
authority to levy and collect taxes or fees for the purposes of
paragraph (4) of subdivision (b) of Section 2081, shall be deemed to
meet the requirements of paragraph (4) of subdivision (b) of Section
2081 if all of the following conditions are met:
(a) The city, county, or public agency certifies to the department
all of the following:
(1) Its financial statements are prepared in compliance with
generally accepted accounting principles for government agencies.
(2) It has not had a budget deficit of greater than 5 percent in
either of the two immediately preceding fiscal years.
(3) It is not in default for interest or principal payment on any
outstanding general obligation bonds.
(4) Its outstanding general obligation bonds are rated by Standard
and Poor's Corporation as not lower than BBB or by Moody's Investors
Service, Inc. as not lower than Baa.
(5) Its financial statements for the most recent fiscal year have
not received an adverse opinion, a disclaimer of opinion, or a
qualified opinion from an independent certified public accountant.
(b) The legislative body of the city, county, or public agency
certifies to the department that it will appropriate sufficient
moneys through its annual budget process to fund the minimization and
mitigation obligations pursuant to paragraph (2) of subdivision (b)
of Section 2081, and the costs of monitoring compliance with, and
effectiveness of, those measures, and annually appropriates funds
necessary to maintain that level of funding. This level of annual
funding shall be known as the "maintenance of effort" for purposes of
this section.
(c) For purposes of subdivision (b), the certification shall
include all of the following:
(1) The period of time that the maintenance of effort will be in
effect.
(2) The amount of the funding that will be provided and the manner
of its calculation.
(3) A provision for termination or modification of the maintenance
of effort to respond to materially changed circumstances.
(4) A certification that any legal restrictions or limitations
that apply to the maintenance of effort do not materially impair the
agency's ability to maintain its obligations under this section.
