Amended in Senate June 22, 2016

Amended in Assembly May 31, 2016

Amended in Assembly April 5, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2087

Introduced by Assembly Member Levine

February 17, 2016

An act to add Chapter 9 (commencing with Section 1850) to Division 2 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. Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the department of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources.

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 begin delete a end delete begin insert an initial end insert period of up to begin delete 5 end delete begin insert 10 end insert 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, that measurably advance the conservation objectives of an approved framework and that meet other specified requirements, to be used to create mitigation credits that may be used, within the framework area, to compensate for take or other adverse impacts of activities authorized pursuant to the California Endangered Species Act, to reduce adverse impacts to fish begin delete and end delete begin insert or end insert wildlife begin delete resources end delete begin insert resources, or both, end insert from activities authorized pursuant to a lake or streambed alteration agreement to less than substantial, or to mitigate significant effects on the environment pursuant to the California Environmental Quality Act. To create these mitigation credits, the bill would require a person or entity to enter into a mitigation credit agreement with the department that meets specified requirements. begin insert The bill would prohibit the release of mitigation credits for use, sale, or transfer under a mitigation credit agreement unless the department approves the release in accordance with certain requirements. end insert The bill would authorize the department to collect fees from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency that proposes a framework, to pay for all or a portion of the department’s costs relating to the mitigation credit agreement or proposed framework. begin insert The bill would authorize the department to adopt guidelines and criteria to aid in the implementation of the mitigation credit provisions and would exempt the adoption of these guidelines and criteria from the Administrative Procedure Act. end insert

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.  

Chapter 9 (commencing with Section 1850) is
added to Division 2 of the Fish and Game Code, to read:

 

Chapter  9. Regional Conservation Frameworks

 

1850.  

(a) The Legislature finds and declares that it would be
beneficial to identify begin delete wildlife end delete begin insert species end insert and habitat conservation
initiatives at a regional scale, including actions needed to address
the impacts of climate change and other wildlife stressors, in order
to guide voluntary investments in conservation, infrastructure
planning, sustainable communities strategies, and compensatory
mitigation for impacts to begin delete natural end delete begin insert ecological end insert resources, including
impacts to threatened and endangered species, other sensitive
species, natural communities, ecological processes, and wildlife
corridors.

(b) The purpose of this chapter is to promote the voluntary
conservation of natural resources, including biodiversity and
ecological processes, begin delete in order to maintain the continued viability
of biological communities end delete and to enhance begin delete their end delete resiliency to climate
change and other threats. In order to further this goal, it is the
policy of the state to encourage voluntary mechanisms to conserve
biological and other begin delete natural end delete begin insert ecological end insert resources and to identify
begin delete natural resource end delete conservation actions, including actions needed to
promote resiliency to the impacts of climate change and other

begin delete wildlife and fisheries stressors. end delete begin insert stressors to species and habitat. end insert

begin insert

(c) It is further the policy of the state to encourage voluntary
mechanisms to identify and implement advance mitigation actions
that do the following:

end insert begin insert

(1) Can be used to compensate for project impacts, including,
but not limited to, infrastructure and renewable energy projects,
more efficiently.

end insert begin insert

(2) Are effective ecologically.

end insert begin insert

(3) Will help to conserve regionally important biological and
other ecological resources.

end insert begin delete

(c)

end delete

begin insert (d) end insert  In enacting this chapter, it is the intent of the Legislature to
promote conservation planning that identifies begin delete wildlife, fishery, end delete
begin insert species end insert and habitat conservation needs, including actions needed
to promote begin delete the end delete resiliency to the impacts of climate change and
other begin delete wildlife stressors, in order to guide voluntary end delete begin insert stressors. It is
further the intent of the Legislature to create nonregulatory
mechanisms to guide end insert 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.

begin insert

(e) In enacting this chapter, it is not the intent of the Legislature
to prescribe or prohibit land uses, establish land use designations,
or to affect the land use authority of any public agency.

end insert

1851.  

For purposes of this chapter:

(a) “Areas of Conservation Emphasis” means the biodiversity
analysis completed by the department in 2010, or the latest update
of that analysis.

(b) “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 focal
species and help to achieve biological goals and objectives for
those focal species.

begin insert

(c) “Conservation easement” means a perpetual conservation
easement that complies with Chapter 4 (commencing with Section
815) of Title 2 of Part 2 of Division 2 of the Civil Code.

end insert begin delete

(c)

end delete

begin insert (d) end insert  “Focal species” means begin delete those end delete begin insert native end insert species within begin delete the end delete begin insert a
regional conservation end insert framework area that are begin delete both of the
following: end delete begin insert analyzed in the framework and will benefit from
conservation actions set forth in the framework. end insert

begin delete

(1) Endangered, threatened, or candidate species pursuant to
Chapter 1.5 (commencing with Section 2050) of Division 3 or
other sensitive species.

(2) Analyzed within and protected by conservation actions set
forth within the framework.

(d)

end delete

begin insert (e) end insert  “Habitat enhancement” means an action to improve the
quality of wildlife habitat, or to address risks or stressors to
wildlife, that has long-term durability but 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. If a habitat
enhancement is used to create begin delete a mitigation credit, “long-term
durability” end delete begin insert one or more mitigation credits pursuant to this chapter,
long-term durability end insert means that the habitat enhancement will
remain in effect for at least as long as the impact that is being
mitigated.

begin delete

(e) “Hydrologic Unit Code Watershed” means a watershed as
described and delineated by the United States Geological Survey.

end delete begin insert

(f) “Performance-based milestones” means specifically
identified steps in the implementation of a conservation action or
habitat enhancement, such as site protection, initiating
implementation, completing implementation, or achieving
performance standards.

end insert begin insert

(g) “Performance standards” means observable or measurable
physical or biological attributes that are used to determine if a
conservation action or habitat enhancement has met its objectives.

end insert begin delete

(f)

end delete

begin insert (h) end insert  “Permanently protect” means doing both of the following:

(1) Recording a conservation easement, in a form approved in
advance in writing by the department, begin delete or establishing perpetual
protection of land in a manner substantially similar to a
conservation easement and approved in advance in writing by the
department, end delete that prevents development, prohibits inconsistent uses,
and ensures that habitat for focal species is maintained.

(2) Providing secure, perpetual funding for management of the

begin delete land. end delete begin insert land, monitoring, and enforcement. end insert

begin delete

(g) “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.

(h)

end delete

begin insert (i) end insert  “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.

begin delete

(i) “Stress” and “stressor” mean a degraded ecological condition
resulting directly or indirectly from negative impacts of pressures,
for example, habitat fragmentation.

end delete begin delete

(j) “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.

end delete

1852.  

(a) The department may approve a regional conservation
framework pursuant to this chapter. 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 begin delete provide voluntary guidance for one or more of the following in
ways that will enhance the long-term viability of native end delete begin insert end insert begin insert inform
actions that would advance the conservation of focal end insert species,
habitat, and other natural begin delete resources: end delete begin insert resources and to provide
voluntary guidance for one or more of the following: end insert

(1) Identification of wildlife and habitat conservation priorities,
including actions needed to address the impacts of climate change
and other wildlife stressors.

(2) Investments in begin delete natural end delete begin insert ecological end insert 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)  begin delete Other important species, end delete begin insert Important end insert habitat, and other natural
and seminatural resource conservation elements within the
framework area, begin insert including, but not limited to, habitat connectivity
and existing protected areas, end insert 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 begin insert focal
species and end insert 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, begin insert federal end insert
habitat conservation plan, begin insert state or federal end insert recovery plan, begin delete and end delete begin insert or end insert
other begin insert approved end insert conservation begin delete or recovery plan end delete begin insert strategy end insert 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 begin delete species covered by the framework. end delete

begin insert the framework’s focal species. end insert

(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.

(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)  begin delete Enable and promote consistency among regional
conservation assessments throughout California by using end delete begin insert Use end insert
standard or prevalent vegetation classifications and standard
begin delete ecological subdivision end delete begin insert ecoregional end insert classifications for terrestrial
and aquatic begin delete data. end delete begin insert data to enable and promote consistency among
regional conservation assessments throughout California. end insert

(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)  begin delete Briefly assess end delete begin insert Assess end insert 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 an Internet
Web portal and begin insert that end insert would allow stakeholders to generate queries
of conservation values begin delete in subregions end delete within the region.

1853.  

(a) The department may prepare or approve a regional
conservation framework, or approve the framework with
amendments, for begin delete a end delete begin insert an initial end insert period of up to begin delete five end delete begin insert 10 end insert years after
finding that the framework meets the requirements of Section 1852.

begin insert The department may extend the duration of an approved regional
conservation framework for additional periods of up to 10 years
after finding that the framework continues to meet the requirements
of Section 1852. end insert

(b)  begin delete 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 1852 and the intended uses and scope
of the framework. end delete It is the intent of this chapter 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 proposed draft framework early in the process of preparing it
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. begin delete A public agency shall provide
public notice of the meetings that shall include, at a minimum,
notice to the county clerk of each county within the geographical
scope of the framework, with a request to post the notice in the
office of the county clerk, and publication in at least one newspaper
of general circulation. end delete begin insert If preparation of a regional conservation
framework was initiated before January 1, 2017, the public
meetings required under this section may be held after January 1,
2017, if they are held at least 30 days before the framework is
submitted to the department for approval. end insert

begin insert

(2) At least 30 days before holding public meetings to distribute
information about the development of a draft regional conservation
framework, a public agency proposing a framework shall provide
notice of the regional conservation framework public meetings as
follows:

end insert begin insert

(A) On the public agency’s Internet Web site and any relevant
LISTSERV.

end insert begin insert

(B) To each county or city within or adjacent to the regional
conservation framework area.

end insert begin insert

(C) To each public agency, organization, or individual who has
filed a written request for the notice.

end insert begin delete

(2)

end delete

begin insert (3) end insert  At least 60 days before submitting a draft regional
conservation framework to the department for approval, the public
agency proposing the framework shall notify the board of
supervisors in each county within the geographical scope of the
framework and provide the board of supervisors with an
opportunity to submit written comments.

begin delete

(3) Within

end delete

begin insert (4) end insert begin insert   end insert begin insert After a draft regional conservation framework is submitted
to the department for approval, the department shall have 30 days
within which to deem the draft regional conservation framework
complete or to explain to the public agency submitting the
framework what is needed to complete the framework. Within end insert 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.

begin insert

(e) The department shall require the use of consistent metrics
that incorporate both the area and quality of habitat and other
natural resources in relation to a regional conservation
framework’s conservation objectives to measure the net change
resulting from the implementation of conservation actions and
habitat enhancements.

end insert

1854.  

(a) Regional conservation frameworks begin delete and mitigation
agreements end delete shall not affect the authority or discretion of any public
agency, except as specifically provided in this chapter. Nothing
in this chapter increases begin insert or decreases end insert the authority or jurisdiction
of the department begin delete to regulate end delete begin insert regarding end insert any land use, species,
habitat, area, resource, plan, process, or corridor.

(b) The approval or existence of a regional conservation
framework or mitigation credit agreement pursuant to this chapter
does not do any of the following:

begin insert

(1) Modify in any way the standards for issuance of incidental
permits or concurrence determinations pursuant to Section 2081
or 2080.1, issuance of take authorizations pursuant to Section
2835, or the issuance of lake or streambed alteration agreements
pursuant to Section 1602.

end insert begin delete

(1)

end delete

begin insert (2) end insert  Establish a presumption under the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of
the Public Resources Code) that begin delete any project’s impacts are, or are
not, potentially significant. end delete begin insert the regional conservation framework
provides substantial evidence in connection with any determination
of whether a proposed project may or may not result in significant
environmental effects and does not in any way limit a lead agency’s
or responsible agency’s discretion to determine, based on
project-specific information, whether a proposed project may or
may not result in significant environmental effects. end insert

begin delete

(2)

end delete

begin insert (3) end insert  Prohibit or authorize any project or project impacts.

begin delete

(3)

end delete

begin insert (4) end insert  Create a presumption or guarantee that any proposed project
will be approved or permitted, or that any proposed impact will
be authorized, by any state or local agency.

begin delete

(4)

end delete

begin insert (5) end insert  Create a presumption that any proposed project will be
disapproved or prohibited, or that any proposed impact will be
prohibited, by any state or local agency.

begin delete

(5)

end delete

begin insert (6) end insert  Alter or affect, or create additional requirements for, the
general plan of the city, county, or city and county, in which it is
located.

begin delete

(6)

end delete

begin insert (7) end insert  Have a binding or mandatory regulatory effect on private
landowners or project proponents.

1855.  

(a) A conservation action or habitat enhancement that
measurably advances the conservation objectives of an approved
regional conservation framework may be used to create mitigation
credits that can be used to compensate for impacts to species,
habitat, and other natural resources, as provided in this section.
To be used to create begin insert these end insert mitigation credits, a conservation action
or habitat enhancement shall be implemented begin insert successfully end insert in
advance of the impacts. begin insert The end insert begin insert requirements of this section apply
only to the generation of mitigation credits under mitigation credit
agreements pursuant to this section. end insert

(b) For a conservation action or habitat enhancement identified
in a regional conservation framework to be used to create
mitigation credits pursuant to this section, the regional conservation
framework shall include, in addition to the requirements of Section
1852, 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 begin insert tracking the progress of, and end insert evaluating the
effectiveness begin delete of end delete begin insert of, end insert conservation actions and habitat enhancements
identified in the framework begin insert in end insert offsetting identified threats to focal
species and begin delete to achieve end delete begin insert in achieving end insert 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 begin delete periodically end delete begin insert at least once every five years end insert to incorporate
the best available scientific information and analyses.

(c) A mitigation credit created in accordance with an approved
regional conservation framework may be used for the following:

(1) To compensate for take or other adverse impacts of activities
authorized pursuant to Chapter 1.5 (commencing with Section
2050) of Division 3 within the regional conservation framework
area.

(2) To reduce adverse impacts to fish begin delete and end delete begin insert or end insert wildlife begin delete resources end delete
begin insert resources, or both, end insert from activities authorized pursuant to Chapter
6 (commencing with Section 1600) within the regional conservation
framework area to less than substantial.

(3) To mitigate significant effects on the environment within
the regional conservation framework area pursuant to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and Guidelines for
Implementation of the California Environmental Quality Act
(Chapter 3 (commencing with Section 15000) of Division 6 of
Title 14 of the California Code of Regulations).

begin insert

(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.

end insert begin delete

(d)

end delete

begin insert ( end insert begin insert e) end insert  To create mitigation credits pursuant to this section, a person
or entity, including a state or local agency, shall enter into a
mitigation credit agreement with the department. 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, sell, or
otherwise transfer the mitigation begin delete credits, end delete begin insert credits end insert 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 a draft mitigation credit
agreement to the department for its review, revision, and approval.
The department may enter into a mitigation credit agreement if it
determines that the mitigation credit agreement begin delete provides end delete begin insert does end insert all
of the following:

begin delete

(1) The person or entity’s contact information.

end delete begin delete

(2) A description of the proposed conservation action or habitat
enhancement.

end delete begin insert

(1) Provides contact information for, and establishes the
qualifications of, the person or entity entering into the agreement,
the entity that will manage the site of the conservation action or
habitat enhancement, and any contractors or consultants.

end insert begin insert

(2) Fully describes the proposed conservation actions or habitat
enhancements.

end insert

(3)  begin delete A end delete begin insert Identifies the location of the conservation actions or
habitat enhancements, including a end insert location map, address, and size
of the site where the proposed conservation action or habitat
enhancement will be implemented.

(4)  begin delete Color end delete begin insert Provides color end insert aerial and ground-level photographs
that reflect current conditions on the site and surrounding
properties.

begin delete

(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:

end delete begin insert

(5) Explains how the mitigation credits will be created,
including, but not limited to, information regarding proposed
ownership arrangements, long-term management strategy, and
any phases of implementation.

end insert begin insert

(6) Includes a natural resources evaluation that documents
biotic and abiotic baseline conditions, including past, current, and
adjacent land uses, vegetation types, species information,
topography, hydrology, and soil types.

end insert begin insert

(7) Identifies public lands and permanently protected lands in
the vicinity of the conservation actions or habitat enhancements.

end insert begin delete

(A) The proposed

end delete

begin insert (8) end insert begin insert   end insert begin insert Fully describes the proposed end insert type and quantity of mitigation
credits and the supporting rationale.

begin delete

(B) A proposed service area defined by a USDA Ecological
Subsection or Hydrologic Unit Code Watershed unit.

end delete begin delete

(C) An explanation of

end delete

begin insert (9) end insert begin insert   end insert begin insert Explains end insert how the proposed conservation begin delete action end delete begin insert actions end insert or
habitat begin delete enhancement is consistent with end delete begin insert enhancements will
measurably advance conservation objectives of end insert the regional
conservation begin delete framework, including how the action will help to
achieve the framework’s biological goals and objectives. end delete

begin insert framework that have not yet been achieved. end insert

begin delete

(D) Metrics

end delete

begin insert (10) end insert begin insert   end insert begin insert Identifies metrics end insert 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. begin insert The net ecological
gain from the implementation of conservation actions and habitat
enhancements shall be reported using consistent metrics that
measure the increment of gain in the area and quality of habitat
or other natural resource values compared to baseline conditions,
and measures the increment of gain in relation to the regional
conservation framework’s conservation objectives. end insert

begin delete

(E) The proposed

end delete

begin insert (11) end insert begin insert   end insert begin insert Describes the proposed end insert landownership of the site begin insert or sites end insert
of the conservation begin delete action end delete begin insert actions end insert or habitat begin delete enhancement. end delete

begin insert enhancements. end insert

begin delete

(F) How the site of the conservation action will be permanently
protected and managed in perpetuity, including, if applicable, a
draft conservation easement.

end delete begin insert

(12) Includes a template conservation easement for the sites of
any conservation action and an explanation of how the long-term
durability of the sites of any habitat enhancements will be ensured.

end insert begin delete

(G) How the

end delete

begin insert (13) end insert begin insert   end insert begin insert Ensures that the end insert implementation of the conservation action
or habitat enhancement, including long-term protection and
management of the site, will be begin delete funded. end delete begin insert funded in accordance with
Chapter 4.6 (commencing with Section 65965) of Division 1 of
Title 7 of the Government Code end insert begin insert . end insert

begin delete

(H) A draft of the long-term management plan for the site.

end delete begin delete

(I) A draft long-term monitoring and adaptive management plan
for the site.

end delete begin delete

(J) Drafts of habitat restoration plans and performance criteria,
if applicable.

end delete begin insert

(14) Includes a template monitoring and long-term adaptative
management plan.

end insert begin delete

(K) An explanation of

end delete

begin insert (15) end insert begin insert   end insert begin insert Explains the terms and conditions under which the
proposed mitigation credits may be sold or otherwise transferred
and end insert how the proposed mitigation credits will be accounted for,
including the specific methods proposed for reporting and
maintaining begin delete records end delete begin insert a record end insert of credit creation, release, and use,
sale, or transfer.

begin insert

(16) Includes enforcement provisions.

end insert begin insert

(17) Ensures that, for each site on which the conservation
actions or habitat enhancements will be implemented, the following
shall be prepared and submitted to the department for review for
adequacy and approval prior to implementation:

end insert begin insert

(A) Site-specific conservation objectives of the conservation
actions or habitat enhancements and how they reflect a measurable
advancement of the conservation objectives of the regional
conservation framework.

end insert begin insert

(B) Preliminary natural resources surveys that document biotic
and abiotic baseline conditions, including past, current, and
adjacent land uses, vegetation types, species information,
topography, hydrology, and soil types.

end insert begin insert

(C) For conservation actions, the conservation easement that
will be used to permanently protect the site, and for habitat
enhancements, the instrument that will be used to ensure their
long-term durability.

end insert begin insert

(D) A management plan that includes the short-term and
long-term management actions necessary to ensure that the
conservation actions or habitat enhancements achieve their
site-specific conservation objectives.

end insert begin insert

(E) If mitigation credits are proposed to be created from habitat
enhancements or conservation actions that include restoration of
ecological resources, detailed plans, including as-built designs
and ecological performance standards.

end insert begin insert

(F) A property analysis record or other comparable economic
analysis of the funding necessary to support site-specific
maintenance activities, such as monitoring and reporting, in
perpetuity.

end insert begin insert

(G) The sources for, and the terms under which, the endowment
for long-term protection, management, and enforcement will be
funded.

end insert begin insert

(H) A current preliminary report covering the site of the
conservation actions or habitat enhancements that identifies the
owner of the fee simple title and shows all liens, easements, and
other encumbrances and depicts all relevant property lines,
easements, dedications, and other features.

end insert begin insert

(I) A declaration of whether or not the proposed site has been
or is being used as mitigation, is designated or dedicated for park
or open space use, or designated for purposes that may be
inconsistent with habitat preservation.

end insert begin insert

(J) Details of any public funding received for acquisition or
restoration of, or other purposes related to, the proposed site.

end insert begin insert

(K) A phase I environmental site assessment of the site dated
not more than six months prior to the date of submission to the
department. This assessment shall be performed in accordance
with the ASTM International Standard E1527-05 “Standard
Practice for Environmental Site Assessments: Phase I
Environmental Site Assessment Process” or any successive ASTM
International standard active at the time of the assessment.

end insert begin insert

(18) Includes a proposed credit ledger and credit release
schedule that meets the requirements of subdivision (f).

end insert begin delete

(6) Other information,

end delete

begin insert (19) end insert begin insert   end insert begin insert Includes any other information, end insert analysis, and legal or
financial assurances of implementation as the department deems
necessary or appropriate.

begin insert

(f) (1) The release of mitigation credits for use, sale, or transfer
under a mitigation credit agreement shall require the department’s
approval in accordance with this subdivision.

end insert begin insert

(2) The release of mitigation credits shall be tied to
performance-based milestones and achievement of ecological
performance standards. The credit release schedule for each
mitigation credit agreement shall reserve a substantial share of
the total credits for release after those ecological performance
standards are fully achieved.

end insert begin insert

(3) The terms of the credit release schedule shall be specified
in the mitigation credit agreement. When conservation actions and
habitat enhancements are implemented and meet the
performance-based milestones specified in the credit release
schedule, credits shall be created in accordance with the credit
release schedule. If a conservation action or habitat enhancement
does not meet those performance-based milestones, the department
may suspend the release of credits, reduce the number of credits,
or otherwise modify the credit release schedule accordingly.

end insert begin insert

(4) In order for mitigation credits to be released, the person or
entity that has entered into a mitigation credit agreement shall
demonstrate to the department that the appropriate
performance-based milestones for credit release have been met.
The department shall determine whether the milestones have been
met and the credits may be released.

end insert begin delete

(e)

end delete

begin insert ( end insert begin insert g) end insert  Nothing in this chapter 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).

begin delete

(f)

end delete

begin insert ( end insert begin insert h) end insert  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. begin insert Mitigation credits created pursuant to this
section may be used for covered activities under an approved
natural community conservation plan only in accordance with the
requirements of the plan. end insert

1856.  

The department may collect fees from a person or entity
that proposes to enter into a mitigation credit agreement, and from
a public agency that proposes a regional conservation framework,
to pay for all or a portion of the department’s costs relating to the
mitigation credit agreement or proposed framework.

begin insert

begin insert 1857. end insert   

The department may adopt guidelines and criteria to aid
in the implementation of Section 1855. Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code does not apply to the development, adoption,
or amendment of guidelines or criteria pursuant to this section.
These guidelines and criteria shall be posted on the department’s
Internet Web site.

end insert