BILL NUMBER: AB 2087	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2016

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 amended, 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.  The California
Endangered Species Act   prohibits the taking of an
endangered, threatened, or candidate species, except as specified.
Under the act, the department may authorize the take of listed
species if the take is incidental to an otherwise lawful activity and
the impacts are minimized and fully mitigated.  
   This bill would authorize the department, or any other public
agency, to propose a regional conservation framework that would be
required to contain specified information, including a regional
conservation assessment. The bill would authorize the department to
approve a regional conservation framework, or approve the framework
with amendments, for a period of up to 5 years after certain public
meetings and a public comment period regarding the proposed framework
have been held and after it finds that the framework meets certain
requirements. The bill would authorize a conservation action, as
defined, and a habitat enhancement, as defined, implemented in
accordance with an approved framework to be used to fulfill, in whole
or in part, compensatory mitigation requirements set forth in an
incidental take permit issued by the department pursuant to the
California Endangered Species Act or compensatory mitigation
requirements established by any state or local agency pursuant to the
California Environmental Quality Act or any regulatory program
within the agency's jurisdiction, as prescribed. The bill would also
authorize a conservation action or habitat enhancement implemented in
accordance with an approved framework to be used to create
mitigation credits under a written mitigation credit agreement
between the department and the person or entity.  
   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.   (a)    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,  sustainable communities strategies,  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. 
   (b) The purpose of this article is to promote the conservation of
natural resources, including biodiversity and ecological processes,
in order to maintain the continued viability of biological
communities and to enhance their resiliency to climate change and
other threats. In order to further this goal, it is the policy of the
state to conserve biological and other natural resources and to
identify natural resource conservation needs, including actions
needed to promote resiliency to the impacts of climate change and
other wildlife and fisheries stressors.  
   (c) In enacting this article, it is the intent of the Legislature
to promote conservation planning that identifies wildlife, fishery,
and habitat conservation needs, including actions needed to promote
the resiliency to the impacts of climate change and other wildlife
stressors, in order to guide investments in conservation,
infrastructure and land use planning, and compensatory mitigation for
impacts to natural resources, including impacts to threatened and
endangered species, other sensitive species, natural communities,
ecological processes, and connectivity.  
   2091.  For purposes of this article:
   (a) "Areas of Conservation Emphasis" means the biodiversity
analysis completed by the department in 2010, or the latest update of
that analysis.
   (b) "California Essential Habitat Connectivity Project" means the
final report prepared jointly by the department and the Department of
Transportation in February 2010.
   (c) "Conservation action" means the permanent protection of
habitat, and restoration and management actions on permanently
protected habitat that help to offset the impacts of threats to
covered species and help to achieve biological goals and objectives
for those covered species. A conservation action may include, but is
not limited to, a conservation action implemented as part of a
natural community conservation plan approved by the department
pursuant to Chapter 10 (commencing with Section 2800) of Division 3,
purchase of credits from a conservation or mitigation bank approved
by the department pursuant to Chapter 7.9 (commencing with Section
1797) of Division 2, or purchase of credits from an in-lieu fee
program approved by the department.
   (d) "Covered species" means those species within the covered area
that are both of the following:
   (1) Endangered, threatened, or candidate species pursuant to this
chapter or other sensitive species.
   (2) Analyzed within and protected by conservation actions set
forth within the framework.
   (e) "Habitat enhancement" means an action to improve the quality
of wildlife habitat, or to address risks or stressors to wildlife,
that does not involve land acquisition or the permanent protection of
habitat, such as improving in-stream flows to benefit fish species,
enhancing habitat connectivity, or invasive species control or
eradication. A habitat enhancement may include, but is not limited
to, a habitat enhancement implemented as part of a natural community
conservation plan approved by the department pursuant to Chapter 10
(commencing with Section 2800) of Division 3, purchase of credits
from a conservation or mitigation bank approved by the department
pursuant to Chapter 7.9 (commencing with Section 1797) of Division 2,
or purchase of credits from an in-lieu fee program approved by the
department.
   (f) "Hydrologic Unit Code Watershed" means a watershed as
described and delineated by the United States Geological Survey.
   (g) "Permanently protect" means doing both of the following:
   (1) Recording a conservation easement, in a form approved in
advance in writing by the department, or establishing perpetual
protection of land in a manner substantially similar to a
conservation easement and approved in advance in writing by the
department, that prevents development, prohibits inconsistent uses,
and ensures that habitat for covered species is maintained.
   (2) Providing secure, perpetual funding for management of the
land.
   (h) "Pressure" means an anthropogenic or natural driver that could
significantly change ecological conditions. Pressures may be
positive or negative depending on intensity, timing, and duration.
   (i) "Sensitive species" means any special status species
identified by a state or federal agency, and any species for which
the department has determined that listing as endangered, threatened,
or a candidate is reasonably foreseeable within the term of the
framework.
   (j) "Stress" and "stressor" mean a degraded ecological condition
resulting directly or indirectly from negative impacts of pressures,
for example, habitat fragmentation.
   (k) "USDA Ecological Subsection" means a subsection as described
and delineated by the United States Department of Agriculture, the
Forest Service and the Natural Resource Conservation Service. 

   2092.  (a) The department may approve a regional conservation
framework pursuant to this article. A regional conservation framework
may be proposed by the department or any other public agency.
   (b) The purpose of a regional conservation framework shall be to
guide one or more of the following in ways that will enhance the
long-term viability of native species, habitat, and other natural
resources:
   (1) Identification of wildlife and habitat conservation needs,
including actions needed to address the impacts of climate change and
other wildlife stressors.
   (2) Investments in natural resource conservation.
   (3) Infrastructure planning.
   (4) Identification of conservation priorities for land use
planning.
   (5) Identification of priority locations for compensatory
mitigation for impacts to species and natural resources.
   (c) A regional conservation framework shall include all of the
following:
   (1) An explanation of the conservation purpose of and need for the
framework.
   (2) The geographic area of the framework and rationale for the
selection of the area.
   (3) The focal species included in, and their current known or
estimated status within, the framework.
   (4) Other important species, habitat, and other natural and
seminatural resource conservation elements within the framework area,
and an explanation of the criteria, data, and methods used to
identify those important conservation elements.
   (5) A summary of historic, current, and projected future stressors
and pressures in the framework area on the focal species, habitat,
and other natural resources.
   (6) Conservation goals and measurable objectives for the important
conservation elements identified in the framework that address or
respond to the identified stressors and pressures.
   (7) Conservation actions, including a description of the general
amounts and types of habitat that, if restored or enhanced and
permanently protected, could achieve the conservation goals and
objectives.
   (8) A description of how the conservation actions and habitat
enhancements were prioritized and selected in relation to the
conservation goals and objectives.
   (9) An explanation of how the framework is consistent with or
complements any natural community conservation plan, habitat
conservation plan, recovery plan, and other conservation or recovery
plan that overlaps with the framework area.
   (10) A description of how the framework's conservation goals and
objectives provide for adaptation opportunities against the effects
of climate change for species covered by the framework.
   (11) Incorporation and reliance on, and citation of, the best
available scientific information, and a brief analysis of gaps in
relevant scientific information.
   (12) A regional conservation assessment that provides context at
an ecoregional or subecoregional scale for the development of the
framework. If a regional conservation assessment has already been
prepared, the regional conservation framework may incorporate the
assessment by reference, and shall update or supplement the
assessment as necessary for the framework. A regional conservation
assessment shall do all of the following:
   (A) Identify and summarize relevant regional pressures, stressors,
and conservation priorities, including priority conservation areas
and habitat connectivity values, included in all of the following:
   (i) Conservation plans, such as the State Wildlife Action Plan and
natural community conservation plans.
   (ii) Analyses designed to identify areas of high biological
diversity, such as the Areas of Conservation Emphasis.
   (iii) Analyses designed to identify areas of high value for
habitat connectivity, such as the California Essential Habitat
Connectivity Project.
   (B) Identify the best available scientific information and
analyses, including geospatial information regarding the distribution
of species and natural communities.
   (C) Use spatial analysis to identify ecological relationships
between existing protected areas and priority conservation areas.
   (D) Enable and promote consistency among regional conservation
assessments throughout California by using standard or prevalent
vegetation classifications and standard ecological subdivision
classifications for terrestrial and aquatic data.
   (E) Be consistent with approved natural community conservation
plans, regional habitat conservation plans, and recovery plans within
the ecoregion or subecoregion included in the assessment.
   (F) Briefly assess the climate change vulnerability of identified
priority conservation areas.
   (G) Compile input and summary priority data in a consistent format
that could be uploaded for interactive use in a Web portal and would
allow stakeholders to generate queries of conservation values in
subregions within the region.  
   2093.  (a) The department may prepare or approve a regional
conservation framework, or approve the framework with amendments, for
a period of up to five years after finding that the framework meets
the requirements of Section 2092.
   (b) The level of detail necessary for each regional conservation
framework shall be at the discretion of the department and shall be
assessed independently for each framework, taking into account the
requirements of Section 2092 and the intended uses and scope of the
framework. It is the intent of this article to establish general
guidelines and requirements that allow sufficient flexibility to
develop each regional conservation framework based on the best
available information regarding the framework area.
   (c) (1) Prior to submitting a draft regional conservation
framework to the department for approval, a public agency proposing a
framework shall hold at least two public meetings to allow
interested persons and entities to receive information about the
draft framework and to have an adequate opportunity to provide
written and oral comments. At least one of the public meetings shall
be held at a location within the framework area.
   (2) Within 30 days of deeming a draft regional conservation
framework complete, the department shall make the draft framework
available to the public on its Internet Web site for review and
comment for a period of at least 30 days.
   (d) The department shall make all approved regional conservation
frameworks, including all updates to scientific information and
analyses used in a regional conservation framework, available on its
Internet Web site.  
   2094.  (a) A conservation action or habitat enhancement that
measurably advances the conservation objectives of an approved
regional conservation framework may be used to fulfill, in whole or
in part, compensatory mitigation requirements for impacts to species,
habitat, and other natural resources, as provided in this section.
To be used for compensatory mitigation, a conservation action or
habitat enhancement shall be implemented in advance of the impacts.
   (b) For a conservation action or habitat enhancement identified in
a regional conservation framework to be used for compensatory
mitigation purposes pursuant to this section, the regional
conservation framework shall include, in addition to the requirements
of Section 2092, all of the following:
   (1) An adaptive management and monitoring strategy for conserved
habitat and other conserved natural resources.
   (2) A process for updating the scientific information used in the
framework, and for evaluating the effectiveness of conservation
actions and habitat enhancements identified in the framework
offsetting identified threats to focal species and to achieve the
framework's biological goals and objectives, at least once every five
years.
   (3) Identification of a public or private entity that will be
responsible for the periodic evaluation and for updating the
framework periodically to incorporate the best available scientific
information and analyses.
   (c) A conservation action or habitat enhancement implemented in
accordance with an approved regional conservation framework may be
used for the following:
   (1) 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 or habitat enhancement meets the requirements of Section 2081.

   (2) 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) or any regulatory
program within the state or local agency's jurisdiction, if the
agency determines that the conservation action or habitat enhancement
meets California Environmental Quality Act requirements for
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.
   (d) The department shall ensure the long-term durability of a
habitat enhancement. If a habitat enhancement is used to provide
compensatory mitigation, the habitat enhancement shall remain in
effect for at least as long as the impact that is being mitigated.
   (e) A conservation action or habitat enhancement implemented in
accordance with an approved regional conservation framework may be
used to create mitigation credits under a written mitigation credit
agreement between the department and the person or entity, including
a state or local agency, that implements the conservation action or
habitat enhancement. The mitigation credit agreement shall establish
the type and number of mitigation credits created by the conservation
action or habitat enhancement and the terms and conditions under
which the mitigation credits may be used. The person or entity may
create and use, or sell or otherwise transfer, the mitigation credits
to offset environmental impacts, upon department approval that the
credits have been created in accordance with the agreement. To enter
into a mitigation credit agreement with the department, a person or
entity shall submit the following to the department for its review,
revision, and approval:
   (1) The person or entity's contact information.
   (2) A description of the proposed conservation action or habitat
enhancement.
   (3) A location map, address, and size of the site where the
proposed conservation action or habitat enhancement will be
implemented.
   (4) Color aerial and ground-level photographs that reflect current
conditions on the site and surrounding properties.
   (5) A draft of the proposed mitigation credit agreement that
includes an explanation of how the proposed conservation action or
habitat enhancement will be implemented and how the proposed
mitigation credits will be created and used, including all of the
following:
   (A) The proposed type and quantity of mitigation credits and the
supporting rationale.
   (B) A proposed service area defined by a USDA Ecological
Subsection or Hydrologic Unit Code Watershed unit.
   (C) An explanation of how the proposed conservation action or
habitat enhancement is consistent with the regional conservation
framework, including how the action will help to achieve the
framework's biological goals and objectives.
   (D) Metrics or indicators by which the proposed conservation
action or habitat enhancement's contribution to achieving the
framework's conservation goals and objectives can feasibly be
measured with existing technology.
   (E) The proposed landownership of the site of the conservation
action or habitat enhancement.
   (F) How the site of the conservation action will be permanently
protected and managed in perpetuity, including, if applicable, a
draft conservation easement.
   (G) How the implementation of the conservation action or habitat
enhancement, including long-term protection and management of the
site, will be funded.
   (H) A draft of the long-term management plan for the site.
   (I) A draft long-term monitoring and adaptive management plan for
the site.
   (J) Drafts of habitat restoration plans and performance criteria,
if applicable.
   (K) An explanation of how the proposed mitigation credits will be
accounted for, including the specific methods proposed for reporting
and maintaining records of credit creation, release, and use, sale or
transfer.
   (6) Other information, analysis, and legal or financial assurances
of implementation as the department deems necessary or appropriate.
   (f) Nothing in this article is intended to limit or impose
additional conditions on the creation or sale of mitigation credits
by a conservation bank or mitigation bank approved by the department
pursuant to Chapter 7.9 (commencing with Section 1797) of Division 2.

   (g) The creation of mitigation credits pursuant to this section
from a conservation action or habitat enhancement implemented within
the plan area of an approved natural community conservation plan
shall not duplicate or replace mitigation requirements set forth in
the natural community conservation plan and shall require the advance
written approval of the plan's implementing entity.
   (h) The approval of a regional conservation framework pursuant to
this article does not authorize any project or project impacts, nor
does it create any presumption or guarantee that a proposed project
will be approved or permitted or that a proposed impact will be
authorized by any state or local agency.  
   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.