BILL NUMBER: AB 2785 CHAPTERED
BILL TEXT
CHAPTER 333
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2008
APPROVED BY GOVERNOR SEPTEMBER 26, 2008
PASSED THE SENATE AUGUST 20, 2008
PASSED THE ASSEMBLY AUGUST 28, 2008
AMENDED IN SENATE AUGUST 18, 2008
AMENDED IN SENATE AUGUST 12, 2008
AMENDED IN SENATE JULY 2, 2008
AMENDED IN SENATE JUNE 17, 2008
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 22, 2008
An act to amend Sections 1930 and 1932 of, and to add Sections
1930.5 and 1932.5 to, the Fish and Game Code, relating to fish and
game.
LEGISLATIVE COUNSEL'S DIGEST
AB 2785, Ruskin. Wildlife conservation: habitat connectivity.
Existing law requires the Department of Fish and Game to
administer the Significant Natural Areas Program, and requires the
department, among other things, to identify and seek the maintenance
of significant natural areas, as defined, and to maintain, expand,
and keep current a data management system, designated the California
Natural Diversity Data Base.
The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006 (bond act), an
initiative statute approved by the voters at the November 7, 2006,
statewide general election makes about $5.4 billion in bond funds
available for safe drinking water, water quality and supply, flood
control, natural resource protection, and park improvements,
including $450 million to the Wildlife Conservation Board for the
protection and conservation of forests and wildlife.
This bill would revise the program to require the department,
contingent upon funding being provided by the board from moneys made
available by the bond act for the protection and conservation of
forests and wildlife, or from other appropriate bond funds, upon
appropriation by the Legislature, to investigate, study, and identify
those areas in the state that are most essential as wildlife
corridors and habitat linkages and prioritize vegetative data
development in those areas. The bill would require the department to
develop and maintain a spatial data system that identifies those
areas in the state that are most essential for maintaining habitat
connectivity, including wildlife corridors and habitat linkages. The
bill would require the department to make all of the described data
sets and associated analytical products available to the public and
other government entities. The bill would require the department to
actively pursue grants and cost-sharing opportunities with local,
state, or federal agencies, or private entities that use the data
sets and benefit from their creation and maintenance.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1930 of the Fish and Game Code is amended to
read:
1930. The Legislature finds and declares that:
(a) Areas containing diverse ecological and geological
characteristics are vital to the continual health and well being of
the state's natural resources and of its citizens.
(b) Many habitats and ecosystems that constitute the state's
natural diversity are in danger of being lost.
(c) Connectivity between wildlife habitats is important to the
long-term viability of the state's biodiversity.
(d) Increasingly fragmented habitats threaten the state's wildlife
species.
(e) There is insufficient incentive for private landowners to
maintain and perpetuate significant local natural areas in their
natural state.
(f) Efforts to preserve natural areas have been fragmented between
federal, state, local, and private sectors.
(g) Analysis of the state's habitat connectivity benefits from the
consideration of all relevant data, including information from
private and public landowners.
(h) The Department of Fish and Game's existing mapping activities
and products should be developed and sustained.
SEC. 2. Section 1930.5 is added to the Fish and Game Code, to
read:
1930.5. (a) Contingent upon funding being provided by the
Wildlife Conservation Board from moneys available pursuant to Section
75055 of the Public Resources Code, or from other appropriate bond
funds, upon appropriation by the Legislature, the department shall
investigate, study, and identify those areas in the state that are
most essential as wildlife corridors and habitat linkages, as well as
the impacts to those corridors from climate change, and shall
prioritize vegetative data development in these areas.
(b) It is the intent of the Legislature that the Wildlife
Conservation Board use various funds to work with the department to
complete a statewide analysis of corridors and connectivity to
support conservation planning and climate change adaptation
activities.
SEC. 3. Section 1932 of the Fish and Game Code is amended to read:
1932. There is hereby established the Significant Natural Areas
Program which shall be administered by the department. The
department, in administering this program, shall do all of the
following:
(a) Obtain access to the most recent information with respect to
natural resources. In order to accomplish this, the department shall
maintain, expand, and keep current a data management system,
designated the California Natural Diversity Data Base, designed to
document information on these resources. That data shall be made
available to interested parties on request.
(b) Develop and maintain a spatial data system that identifies
those areas in the state that are most essential for maintaining
habitat connectivity, including wildlife corridors and habitat
linkages. This data should include information essential for
evaluating the needs of wildlife species, as defined in Section
711.2, that require habitat connectivity for their long-term
conservation, including distribution and movement patterns.
(c) As appropriate, develop and maintain the database by
incorporating mapping products and data developed by other state
agencies.
(d) Make all of the data sets, and associated analytical products,
available to the public and other government entities.
(e) Ensure cost sharing by all who use the data management system
and develop an appropriate schedule of compensation to be paid by
individuals using the data management system, not to exceed the
actual costs for use of the data management system.
(f) Ensure recognition of the state's most significant natural
areas, including those affected by climate change. The department
shall, after consultation with federal, state, and local agencies,
education institutions, civic and public interest organizations,
private organizations, landowners, and other private individuals,
identify by means of periodic reports those natural areas deemed to
be most significant.
(g) Seek the maintenance and perpetuation of the state's most
significant natural areas for present and future generations in the
most feasible manner. The department shall consider alternative
approaches for that maintenance, including alternatives to fee
acquisition such as incentives, leasing, and dedication.
(h) Reduce unnecessary duplication of effort. The department shall
provide coordinating services to federal, state, local, and private
interests wishing to aid in the maintenance and perpetuation of
significant natural areas.
(i) Actively pursue grants and cost-sharing opportunities with
local, state, or federal agencies, or private entities that use the
data sets and benefit from their creation and maintenance.
SEC. 4. Section 1932.5 is added to the Fish and Game Code, to
read:
1932.5. (a) In carrying out its responsibilities pursuant to this
chapter, the department shall solicit and utilize all relevant
results of existing studies and information from local government,
state, and federal agencies, academic institutions, nonprofit
organizations, certified environmental documents, private and public
landowners, and agricultural and rangeland information developed by
the Department of Conservation and agriculture associations.
(b) The department shall seek input from representatives of other
state agencies, local government, federal agencies, nongovernmental
conservation organizations, landowners, agriculture, recreation,
scientific entities, and industry in determining essential wildlife
corridors and habitat linkages. Private and public landowners shall
be given a reasonable opportunity to review and comment on the
wildlife characteristics of their land if it is identified pursuant
to this chapter. The department shall utilize all relevant
information when developing data sets and associated analytical
products pursuant to this chapter.
(c) This chapter does not require, mandate, or authorize, under
state or federal law, any state or local planning, zoning, or other
land use action or decision.
(d) This chapter does not alter any legal rights and privileges,
under state or federal law, of ownership or use of privately or
publicly owned property.
(e) The Legislature finds and declares that the data sets and
associated analytical products required pursuant to this chapter are
for inventory and planning purposes and may not be suitable to
support regulatory actions without additional specificity or
information.