California Legislature—2015–16 Regular Session

Assembly Bill No. 2087

Introduced by Assembly Member Levine

February 17, 2016

An act to add Article 4 (commencing with Section 2090) to Chapter 1.5 of Division 3 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

AB 2087, as introduced, Levine. Regional conservation frameworks.

Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Under existing law, the department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species.

This bill would authorize the department to prepare or approve, and to adopt and amend, a regional conservation framework that identifies wildlife and habitat conservation needs, guides investments in conservation, infrastructure planning, and compensatory mitigation for impacts to natural resources, and informs infrastructure planning, land use planning, and the design and implementation of public and private projects that affect the condition of species and resources under the jurisdiction of the department. The bill would authorize a conservation action implemented in accordance with an approved regional conservation framework, to be used to fulfill, in whole or in part, compensatory mitigation requirements for impacts to covered species, habitat, and other natural resources, as provided.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Article 4 (commencing with Section 2090) is
added to Chapter 1.5 of Division 3 of the Fish and Game Code, to
read:

 

Article 4.  Regional Conservation Frameworks

 

2090.  

The Legislature finds and declares that there is a need
to identify wildlife and habitat conservation needs at a regional
scale, including actions needed to address the impacts of climate
change and other wildlife stressors, in order to guide investments
in conservation, infrastructure planning, and compensatory
mitigation for impacts to natural resources, including impacts to
threatened and endangered species, other sensitive species, natural
communities, ecological processes, and wildlife corridors.

2091.  

The department may prepare or approve, and may adopt
and amend, regional conservation frameworks to do all of the
following:

(a) Identify wildlife and habitat conservation needs, including
actions needed to address the impacts of climate change and other
wildlife stressors.

(b) Guide investments in conservation, infrastructure planning,
and compensatory mitigation for impacts to natural resources,
including impacts to threatened and endangered species, other
sensitive species, natural communities, ecological processes, and
wildlife corridors.

(c) Inform infrastructure planning, land use planning, and the
design and implementation of public and private projects that affect
the condition of species and resources under the jurisdiction of the
department.

2092.  

A regional conservation framework shall include both
of the following:

(a) A regional assessment that establishes conservation priorities
at a regional scale based on habitat, ecological processes, and
connectivity values.

(b) One or more implementation plans that establish
conservation goals and objectives based on a regional assessment
and identify implementation strategies to achieve some or all of
the goals and objectives. The purpose of an implementation plan
is to guide investments in conservation, infrastructure planning,
and compensatory mitigation for impacts to natural resources. An
implementation plan may cover some or all of the area included
in a regional assessment.

2093.  

(a) A conservation action implemented in accordance
with an approved regional conservation framework may be used
to fulfill, in whole or in part, compensatory mitigation requirements
for impacts to covered species and habitat, and other natural
resources, as provided in subdivision (b). To be used for
compensatory mitigation, the conservation action shall be
implemented in advance of the impacts.

(b) (1) A conservation action may be used to fulfill, in whole
or in part, compensatory mitigation requirements set forth in a
permit issued pursuant to subdivision (b) of Section 2081 if the
department determines that the conservation action provides
suitable mitigation for the impacts of taking authorized under the
permit.

(2)  A conservation action may be used to fulfill, in whole or
in part, compensatory mitigation requirements established by any
state or local agency pursuant to the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of
the Public Resources Code), if the agency determines that the
conservation action provides suitable mitigation for the potential
environmental impacts of a proposed project, as identified in an
environmental impact report or a mitigated negative declaration
prepared for the project.