BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     AB 498


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          Date of Hearing:  April 14, 2015


                  ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE


                                 Marc Levine, Chair


          AB 498  
          (Levine) - As Amended April 8, 2015


          SUBJECT:  Wildlife conservation:  wildlife corridors


          SUMMARY:  Declares the policy of the state to promote the  
          protection of wildlife corridors.  Specifically, this bill:


          1)States legislative findings and declarations regarding the  
            importance of wildlife corridors to assist with climate change  
            adaptation, protect ecosystem health and biodiversity, and  
            improve the resiliency of wildlife and their habitats to  
            climate change.  Further finds and declares that preserving,  
            restoring, and connecting high-quality habitat for wildlife  
            can create habitat strongholds that support wildlife in being  
            more resilient to increasing pressures from climate change and  
            development.


          2)Declares it is the policy of the state to promote the  
            protection of wildlife corridors, habitat strongholds, and  
            habitat linkages in order to enhance the resiliency of  
            wildlife and their habitats to climate change, protect  
            biodiversity, and allow for migration and movement of species  
            between habitat lands.  Further states that it is the policy  
            of the state and all state agencies with regard to projects  
            proposed in an area identified as a wildlife corridor, to  








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            encourage the project proponent to consult with the Department  
            of Fish and Wildlife (DFW) and, wherever feasible and  
            practicable, take steps to protect or restore the functioning  
            of the wildlife corridor through various means, as specified.


          3)Defines a wildlife corridor as a habitat linkage that joins  
            two or more areas of wildlife habitat, allowing for the  
            movement of wildlife from one area to another.


          4)Defines a habitat stronghold as high-quality habitat that  
            supports wildlife in being more resilient to increasing  
            pressures on species due to climate change and land  
            development.


          5)States that in adopting this policy it is not the intent of  
            the Legislature to create new regulatory requirements.  States  
            legislative findings and declarations regarding existing  
            programs, including programs involving working landscapes such  
            as timber lands and range lands, that are already working to  
            achieve these objectives. 


          EXISTING LAW: 


          1)States legislative findings and declarations regarding the  
            importance of connectivity between wildlife habitats for the  
            long-term viability of the state's biodiversity.


          2)Required the DFW to 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 wildlife corridors from climate change.  Requires the  
            DFW to prioritize vegetative mapping in these areas.









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          3)States legislative intent that the Wildlife Conservation Board  
            (WCB) use funds to work with the DFW to complete a statewide  
            analysis of wildlife corridors and connectivity to support  
            conservation planning and climate change adaptation  
            activities.


          FISCAL EFFECT:  Unknown


          COMMENTS:  This bill articulates a statewide policy to protect  
          wildlife corridors, habitat strongholds, and habitat linkages in  
          order to enhance the resiliency of wildlife and their habitats  
          to climate change.  It also encourages all state agencies, with  
          regard to projects proposed in areas identified as wildlife  
          corridors, to consult with DFW and, where feasible and  
          practicable, take steps to protect or restore the functioning of  
          the wildlife corridor.  This bill also defines wildlife  
          corridors and habitat strongholds for these purposes.


          As a result of legislation enacted in 2008 (see discussion  
          below), the DFW and the Department of Transportation, with  
          funding from the WCB, jointly commissioned the California  
          Essential Habitat Connectivity project, which included a  
          statewide assessment of natural habitat blocks that support  
          native biodiversity, and areas essential for ecological  
          connectivity between them.  The report states that a functional  
          network of connected wild lands is essential to the continued  
          support of California's diverse natural communities in the face  
          of human development and climate change.  The report is intended  
          to make transportation and land use planning more efficient and  
          less costly, while helping to reduce dangerous wildlife-vehicle  
          collisions.


          The importance of wildlife corridors and habitat connectivity  
          linkages has also been recognized by groups such as the Western  








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          Governors' Association, which unanimously approved a policy to  
          protect wildlife migration corridors in 2007.


          There is currently no definition of wildlife corridors in  
          statute, and no clearly articulated statewide policy to protect  
          wildlife corridors.


          Prior and Related Legislation:  AB 2785 (Ruskin), Chapter 333,  
          Statutes of 2008, directed the DFW to investigate, study, and  
          identify those areas in the state most essential as wildlife  
          corridors and habitat linkages, and to prioritize vegetative  
          data mapping of those areas.  AB 2785 also called on the WCB to  
          work with the DFW to fund a statewide analysis of wildlife  
          corridors to support conservation planning and climate change  
          adaptation activities. 


          Support Arguments:  Supporters note that by setting a statewide  
          policy to promote and protect wildlife corridors, habitat  
          strongholds, and habitat linkages, this bill will ensure that  
          state efforts are coordinated to preserve the habitat most  
          valuable to climate adaptation.  They note that climate change  
          is a huge threat to wildlife and biodiversity in California.   
          Models from the National Audubon Society's science team show  
          that 314 bird species alone are in danger of losing up to 50% of  
          their habitat due to change climate and habitat loss.  As the  
          state works to reduce greenhouse gas emissions and stop the  
          acceleration of climate change, it must also promote policies  
          that adapt to the impacts climate change is already having on  
          communities and ecosystems in California.  Some supporters also  
          note that many wildlife and game species, in addition to birds,  
          migrate between large habitat blocks within California on a  
          seasonal basis.  Without sufficient corridors to link up these  
          areas, habitat blocks may become isolated and their value to  
          wildlife reduced.  Projects that infringe on wildlife corridors,  
          such as the construction of major roadways or other  
          infrastructure, may also contribute to the direct mortality of  








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          wildlife if undertaken without appropriate mitigation.   
          Supporters indicate this bill would help facilitate protection  
          and enhancement of wildlife corridors by ensuring greater  
          communication and outreach between DFW, which has the expertise  
          and statutory authority to identify wildlife corridors, and  
          project proponents on potential adverse impacts to wildlife  
          species.  Such a proactive approach would not only provide  
          greater wildlife conservation benefits, but also reduce the  
          possibility of project delays.


          Opposition Arguments:  Opponents object to the definition of  
          wildlife corridors which they view as overly broad, question the  
          need for a state policy on protecting wildlife corridors since  
          mitigation of project impacts on listed species is already  
          routinely required through the CEQA process, and are concerned  
          this bill could lead to additional regulation and litigation  
          over what constitutes a wildlife corridor or appropriate  
          consultation.


          Note:  The April 8th author's amendments to this bill state  
          legislative intent that this bill not be interpreted to impose  
          new regulatory requirements.  


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Audubon California, Sponsor


          California League of Conservation Voters









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          California Waterfowl Association


          Conserving Land for People


          Defenders of Wildlife


          Environment California


          Friends of Harbors, Beaches and Parks


          Hills for Everyone


          Land Trust of Santa Cruz County


          Pacific Forest Trust


          Peninsula Open Space Trust


          Santa Clara Valley Open Space Authority


          Sierra Club California


          The Trust for Public Lands


          West Marin Environmental Action Committee









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          Opposition


          California Building Industry Association


          California Business Properties Association


          California Chamber of Commerce


          California Farm Bureau Federation (unless amended)




          Analysis Prepared by:Diane Colborn / W., P., & W. / (916)  
          319-2096