BILL NUMBER: ABX7 2	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Blakeslee

                        OCTOBER 27, 2009

   An act to add Division 13.6 (commencing with Section 21200) to the
Public Resources Code, relating to the environment, and making an
appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2, as introduced, Blakeslee. Environment: environmental
mitigation.
   The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project, as
defined, that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect.
   This bill would establish the Regional Environmental Mitigation
Program and would specify that the purpose of the program is to
improve the success, efficiency, and effectiveness of actions
implemented to mitigate the natural resource impacts of projects, by
establishing the means to implement those actions on a regional
basis. The bill would establish the program in the Natural Resources
Agency and would require the agency to consider and implement
mitigation requirements on a regional basis for projects that require
mitigation based on federal, state, or local laws. The bill would
require the agency to communicate, coordinate, and work with
specified entities. The bill would permit the agency to engage in
specified activities in order to implement the program. The bill
would specify that a project that requires mitigation under other
provisions of law may, but is not required to, participate in the
program.
   The bill would establish the Regional Environmental Mitigation
Account in the State Treasury. The bill would require the account to
accept fees collected for the mitigation requirements for projects
and disburse the funds for projects that fulfill mitigation
requirements. The bill would require the agency to establish
guidelines for the calculation, acceptance, and use of the fees. The
bill would require the money in the account to be continuously
appropriated and to be used to administer and implement the program
and for any purpose associated with the mitigation of a project,
including protection, restoration, enhancement, monitoring, capital
improvements, as fencing, long-term management or defense,
transaction costs, and administration.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Division 13.6 (commencing with Section 21200) is added
to the Public Resources Code, to read:

      DIVISION 13.6.  Regional Environmental Mitigation Program


   21200.  This division shall be known, and may be cited, as the
Regional Environmental Mitigation Program.
   21201.  The purpose of this division is to improve the success,
efficiency, and effectiveness of actions implemented to mitigate the
natural resource impacts of projects by establishing the means to
implement those actions on a regional basis.
   21202.  The Legislature finds and declares all of the following:
   (a) Water, infrastructure, and other development projects may
require the mitigation of any adverse impact upon natural resources
caused by the development of a project or facility and required
pursuant to federal, state, or local laws, including those required
under the California Environmental Quality Act (Division 13
(commencing with Section 21000)).
   (b) The mitigation of environmental impacts is usually handled on
an individual project basis and without coordination with, or
reference to, regional or statewide conservation priorities.
   (c) This approach to mitigation results in unconnected projects,
decreased biological viability, increased long-term management costs,
and lost opportunities for meeting regional or statewide
conservation goals.
   (d) To the extent feasible and appropriate to the impacted natural
resources, encouraging and directing mitigation projects to areas
identified as regional priorities will result in improved mitigation,
better conservation outcomes, improved management efficiencies, and
achievement of regional and statewide conservation goals.
   21203.  (a) The Regional Environmental Mitigation Program is
established in the Natural Resources Agency. The agency shall
consider and implement mitigation requirements on a regional basis
for projects that require mitigation based on federal, state, or
local laws.
   (b) In implementing the program, the agency shall communicate,
coordinate, and work with the Department of Water Resources, the
Wildlife Conservation Board, the Department of Fish and Game, the
Department of Conservation, state conservancies, other appropriate
federal, state, or local governments or special districts, or
nonprofit organizations described in Section 501(c)(3) of the
Internal Revenue Code (26 U.S.C. Sec. 501(c)(3)) that are exempt from
taxation under Section 501(a) of the Internal Revenue Code (26
U.S.C. Sec. 501(a)), and that have among their purposes the
conservation of natural or cultural resources.
   (c) In implementing the program, the agency may engage in the
following activities:
   (1) Execute an agreement, a memorandum of understanding, or other
similar instrument to memorialize its understanding of any
communication, coordination, or implementation activities with other
governmental agencies or nonprofit organizations for the purpose of
meeting mitigation requirements on a regional basis.
   (2) Identify priority areas within regions for mitigation
purposes, using information from the entities identified in this
subdivision as well as from other sources. Existing public lands and
lands held by nonprofit organizations for conservation purposes shall
be considered in the identification of priority areas.
   (3) Make information available about priority areas for mitigation
and other related topics available to government agencies, nonprofit
organizations, project proponents, and others for use in
coordinating, collaborating, creating, prioritizing, or directing
mitigation projects on a regional basis.
   (4) Direct mitigation projects toward priority areas identified
for mitigation pursuant to this subdivision, and authorize state
agencies and departments to direct mitigation projects toward the
priority areas identified for mitigation pursuant to this
subdivision.
   (5) Direct projects and funds to existing conservation programs of
the agencies and departments identified in this subdivision or award
grants or contracts to other entities identified in this subdivision
to implement the mitigation requirements of projects on a regional
basis.
   (6) Accept mitigation fees to meet the mitigation requirements of
a project for deposit into the Regional Environmental Mitigation
Account created pursuant to the requirements of Section 21204.
   (d) This division is not intended to create a new environmental
permitting or regulatory program or to modify existing environmental
laws or regulations. The division is also not intended to interfere
with, or prevent the existing authority of, an agency or department
to carry out its programs, projects, or responsibilities to identify,
review, approve, deny, or implement any mitigation requirements.
   (e) A project that requires mitigation under other provisions of
law may, but is not required to, participate in the program.
   21204.  (a) The Regional Environmental Mitigation Account is
hereby created in the State Treasury.
   (b) The account shall accept fees collected for the mitigation
requirements of projects under the program and disburse the funds to
the projects that fulfill the mitigation requirements.
   (c) Before accepting any fees, the Natural Resources Agency shall
establish guidelines for the calculation, acceptance, and use of the
fees. The guidelines shall give priority to the use of fees for
existing conservation programs of the agencies and departments, the
purchase of mitigation credits at mitigation or conservation banks,
or for the payment of mitigation fees within established mitigation
programs. All fees accepted shall be based on a calculation of the
full costs of implementing the required mitigation project.
   (d) Notwithstanding Section 13340 of the Government Code, the
money in the Regional Environmental Mitigation Account is hereby
continuously appropriated to ensure that mitigation requirements are
met in a timely and efficient manner and that projects are not
delayed. The money in the account shall be used for the following
activities:
   (1) To administer and implement the program. No more than 3
percent of the funds deposited into the account may be utilized for
administrative costs for the program.
   (2) For any purpose associated with the mitigation of a project,
including protection, restoration, enhancement, monitoring, capital
improvements, as fencing, long-term management or defense,
transaction costs, and administration.
   (e) Fees shall be used within a timely manner so that the
mitigation purposes are realized and the public benefits ensured. The
agency shall use its best efforts to expend the funds within 18
months of acceptance.