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