Bill Text: CA SB1446 | 2009-2010 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: SB 1446	INTRODUCED
	BILL TEXT


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 introduced, Correa. Endangered and threatened species:
incidental take permits.
   Existing law, the California Endangered Species Act, prohibits the
importation, exportation, taking, possession, purchase, or sale of
any threatened or endangered species, except in certain situations.
The act, 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.
   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.  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.