BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 498 Hearing Date: July 14,
2015
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|Author: |Levine | | |
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|Version: |May 22, 2015 Amended |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: Wildlife conservation: wildlife corridors.
BACKGROUND AND 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)Requires the Department of Fish and Wildlife (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
(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.
PROPOSED LAW
This bill establishes the policy of the state to promote the
protection of wildlife corridors. Specifically, this bill:
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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
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 in order to further these goals it
is the policy of the state to encourage, wherever feasible and
practicable, voluntary steps to protect the functioning of
wildlife corridors through various means, as specified.
3)Provides that a project applicant, consistent with existing
law regarding conservation banks, may receive advance
mitigation credits for investing in a mitigation bank that, to
the extent feasible and practicable, protects habitat
connectivity for affected fish and wildlife resources.
4)Declares that the fact that a project applicant does not take
voluntary steps to protect the functioning of a wildlife
corridor prior to initiating the application process for a
project shall not be grounds for denying a permit or requiring
additional mitigation beyond what would be required to
mitigate project impacts under other applicable law, as
specified.
5)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.
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6)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.
7)States that this bill shall not be construed to create new
regulatory requirements or modify the requirements of the
California Environmental Quality Act.
8)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.
9)Expands the definition of a conservation bank to include sites
that, to the extent feasible and practicable, protect habitat
connectivity for affected fish and wildlife resources.
ARGUMENTS IN SUPPORT
According to the author, adding a definition of wildlife
corridors to state law is very consistent with the growing
recognition of wildlife corridors as an essential way to protect
wildlife and to help with the long-term viability of the state's
wildlife.
Other 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 that can alleviate 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
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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
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.
ARGUMENTS IN OPPOSITION
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.
COMMENTS
1) The April 8th author's amendments to this bill state
legislative intent that this bill not be interpreted to impose
new regulatory requirements.
SUPPORT
Audubon California, Sponsor
California League of Conservation Voters
California Waterfowl Association
Conserving Land for People
Defenders of Wildlife
Environment California
Friends of Harbors, Beaches and Parks
Hills for Everyone
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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
OPPOSITION
None
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