BILL ANALYSIS Ó AB 498 Page 1 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 AB 498 Page 2 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 AB 498 Page 3 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. AB 498 Page 4 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. AB 498 Page 5 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 AB 498 Page 6 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