BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                       AB 498


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          ASSEMBLY THIRD READING


          AB  
          498 (Levine)


          As Amended  April 28, 2015


          Majority vote


           ------------------------------------------------------------------- 
          |Committee       |Votes |Ayes                 |Noes                 |
          |----------------+------+---------------------+---------------------|
          |Water           |8-5   |Levine, Dodd,        |Bigelow, Dahle, Beth |
          |                |      |Cristina Garcia,     |Gaines, Harper,      |
          |                |      |Gomez, Lopez,        |Mathis               |
          |                |      |Medina, Rendon,      |                     |
          |                |      |Williams             |                     |
          |                |      |                     |                     |
          |----------------+------+---------------------+---------------------|
          |Appropriations  |12-5  |Gomez, Bloom, Bonta, |Bigelow, Chang,      |
          |                |      |Calderon, Daly,      |Gallagher, Jones,    |
          |                |      |Eggman, Eduardo      |Wagner               |
          |                |      |Garcia, Holden,      |                     |
          |                |      |Quirk, Rendon,       |                     |
          |                |      |Weber, Wood          |                     |
          |                |      |                     |                     |
          |                |      |                     |                     |
           ------------------------------------------------------------------- 


          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  








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            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 voluntary  
            protection of wildlife corridors and habitat strongholds 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 with regard to projects  
            proposed in an area identified as a wildlife corridor, to  
            encourage the project proponent to consult with the Department  
            of Fish and Wildlife (DFW) and, wherever feasible and  
            practicable, take voluntary steps to promote, 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 legislative intent that state agencies and other  
            conservation planners be encouraged to access publicly available  
            database tools developed by DFW and other conservation partners  
            to support and assist conservation planning and facilitate  
            identification, mapping, and prioritization of wildlife  








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            corridors and other habitat connectivity linkages, as specified.


          6)States that this bill shall not be construed to create new  
            regulatory requirements or modify the requirements of the  
            California Environmental Quality Act.  


          7)States legislative findings and declarations regarding existing  
            programs, including programs involving working landscapes such  
            as timber lands, agricultural lands, and range lands, that are  
            already working to achieve these objectives.


          8)Expands the definition of a conservation bank to include sites  
            that, to the extent practicable, maximize habitat connectivity  
            for affected fish and wildlife resources. 


          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.


          3)States legislative intent that the Wildlife Conservation Board   
            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.









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          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, no direct state costs.


          COMMENTS:  This bill articulates a statewide policy to protect  
          wildlife corridors and habitat strongholds in order to enhance the  
          resiliency of wildlife and their habitats to climate change.  It  
          also encourages proponents of projects proposed in areas  
          identified as wildlife corridors to consult with DFW and, where  
          feasible and practicable, take voluntary steps to protect or  
          restore the functioning of the wildlife corridor.  This bill also  
          defines wildlife corridors and habitat strongholds for these  
          purposes, and expands the definition of a conservation bank to  
          include sites that, to the extent practicable, maximize habitat  
          connectivity for affected fish and wildlife resources.


          As a result of legislation enacted in 2008, DFW and the Department  
          of Transportation 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 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.









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          Prior related legislation includes AB 2785 (Ruskin), Chapter 333,  
          Statutes of 2008, which directed 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 Wildlife  
          Conservation Board to work with the DFW to fund a statewide  
          analysis of wildlife corridors to support conservation planning  
          and climate change adaptation activities. 


          Supporters of this bill note that by setting a statewide policy to  
          promote and protect wildlife corridors and habitat strongholds  
          this bill will ensure that state efforts are coordinated to  
          preserve the habitat most valuable to climate change adaptation.   
          They note that climate change is a significant threat to wildlife  
          and biodiversity in California.  As the state works to reduce  
          greenhouse gas emissions and stop the acceleration of climate  
          change, supporters assert 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 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.  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.


          Opponents of this bill 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 California Environmental Quality Act process, and are  








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          concerned this bill could lead to additional regulation and  
          litigation over what constitutes a wildlife corridor or  
          appropriate consultation.  They are also concerned this bill could  
          lead to pressure on developers to incorporate additional  
          protections for wildlife corridors into proposed development  
          projects.




          Analysis Prepared by:                                               
                          Diane Colborn / W., P., & W. / (916) 319-2096  FN:  
          0000290