BILL ANALYSIS Ó AB 2087 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE Marc Levine, Chair AB 2087 (Levine) - As Amended April 5, 2016 SUBJECT: Regional conservation frameworks SUMMARY: Authorizes the Department of Fish and Wildlife (DFW) to approve regional conservation frameworks to guide conservation of natural resources and infrastructure planning. Specifically, this bill: 1)States legislative findings and declarations regarding the need to identify wildlife and habitat conservation needs on a regional scale, including actions to address climate change and other stressors, and to guide investments in conservation, infrastructure, sustainable community strategies, and compensatory mitigation for impacts to species and wildlife corridors. States the purpose of this bill is to promote conservation of natural resources, including biodiversity and ecological processes, and to identify conservation needs, including actions needed to promote resiliency to the impacts of climate change and other stressors. 2)Authorizes the DFW to approve a regional conservation framework proposed by DFW or any other public agency. Specifies that the purpose of a regional conservation framework is to guide one or more of the following, as AB 2087 Page 2 specified: a) Identification of wildlife and habitat conservation needs, including actions needed to address impacts of climate change and other stressors; b) Investments in natural resource conservation; c) Infrastructure planning; d) Identification of conservation priorities for land use planning; e) Identification of priority locations for compensatory mitigation; 3)Identifies the elements that must be included in a regional conservation framework to be approved by DFW. Required elements include but are not limited to: a) an explanation of the conservation purpose of the framework, b) the geographic area and species covered by the framework, c) a summary of the stressors and pressures on species in the region and conservation goals and measurable objectives to address them, d) a description of recommended conservation actions, including habitat restoration and enhancements, and how such actions were prioritized and selected, e) an explanation of how the framework is consistent with or complements other existing plans that overlap with the framework area, and f) how the framework provides for climate change adaptation. 4)Further requires the framework to include a regional conservation assessment that provides context at an ecoregional or subecoregional scale for development of the framework, as specified. If a regional conservation framework has already been prepared it can be incorporated by reference if it meets specified criteria. AB 2087 Page 3 5)Requires the framework to include best available scientific information and a brief analysis of existing gaps in scientific information. 6)Authorizes DFW to approve a regional conservation framework for a period of up to five years, and gives DFW discretion to determine the level of detail necessary to be included in each framework depending on the scope of the framework. 7)Requires a public agency preparing a regional conservation framework, prior to submitting the framework to DFW, to hold at least two public meetings, at least one of which must be in the framework area, and to receive written and oral comments. Requires DFW to make all regional conservation frameworks available to the public on its Internet Web site for public review and comment for at least 30 days, and to make all approved regional conservation frameworks and any updates available on its Internet Web site. 8)Authorizes conservation actions or habitat enhancements that measurably advance the conservation objectives of an approved regional conservation framework to be used to fulfill, in whole or in part, compensatory mitigation requirements for impacts to species, habitat, or other natural resources, if the conservation action or habitat enhancement is implemented in advance of the impacts. In order to be used for compensatory mitigation purposes, a regional conservation framework must include an adaptive management and monitoring strategy, a process for updating scientific information and evaluating the effectiveness of identified conservation actions and habitat enhancements at least every five years, and identification of an entity who will be responsible for those updates and evaluations. 9)Specifies that a conservation action or habitat enhancement AB 2087 Page 4 implemented in accordance with an approved regional conservation framework may be used to fulfill, in whole or in part, compensatory mitigation requirements in a California Endangered Species Act (CESA) incidental take permit. Further specifies that a regional conservation framework may be used to fulfill compensatory mitigation requirements identified by a state or local agency pursuant to the California Environmental Quality Act (CEQA), or any other regulatory program within the agency's jurisdiction, if the agency determines that the action meets the requirements for mitigation for the impacts of the project, as identified in an environmental impact report. 10)Allows conservation actions or habitat enhancements implemented in accordance with an approved regional conservation framework to be used to create mitigation credits under a written mitigation credit agreement between DFW and the person or entity that implements the action. The agreement shall establish the type and number of mitigation credits created and the terms and conditions under which the credits may be used. Specifies the information in detail that must be submitted to DFW to enter into a mitigation credit agreement. 11)Clarifies that nothing in this bill is intended to limit or impose additional conditions on the creation or sale of mitigation credits by a conservation bank or mitigation bank approved under existing law. 12)Clarifies that creation of mitigation credits under a regional conservation framework shall not duplicate or replace mitigation requirements set forth in a natural community conservation plan (NCCP). Further clarifies that approval of a regional conservation framework does not authorize a project or create a presumption that a proposed project or impact will be approved or authorized. AB 2087 Page 5 EXISTING LAW: 1)Establishes the DFW in the Natural Resources Agency. The DFW has jurisdiction over the conservation, protection, and management of fish and wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. 2)Under the CESA, prohibits the taking of an endangered or threatened species, except as specified. The DFW may permit the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. 3)Establishes that it is the policy of the State to conserve, protect, restore and enhance natural communities. Further declares that 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. 4)Recognizes the need for broad-based planning to provide for effective protection and conservation of the state's wildlife heritage while continuing to allow for appropriate development and growth. Authorizes the development of NCCPs to provide comprehensive management and conservation of wildlife, pursuant to specified requirements. FISCAL EFFECT: Unknown COMMENTS: This bill authorizes a new conservation planning tool to identify wildlife habitat conservation needs on a regional AB 2087 Page 6 scale, in order to help guide infrastructure planning and development, improve the effectiveness of public expenditures for conservation, and identify potential advance mitigation solutions for large public infrastructure projects. 1)Author's Statement: Regional Conservation Frameworks will identify wildlife, fisheries, and habitat conservation needs, including actions needed to address climate change and protect wildlife corridors, on a regional scale, in order to guide public investments in conservation, infrastructure planning and development, compensatory mitigation for impacts to threatened and endangered species, and wildlife and fisheries recovery strategies. RCF's are voluntary, non-regulatory tools that will serve a number of beneficial purposes including: 1) incentivizing pro-active conservation planning in advance of development pressures, which will help reduce conflict at the project stage, 2) establishing common standards for regional conservation planning, which will help in the sharing of data and providing a connected vision for a resilient California that protects wildlife and habitats into the future' and 3) facilitating broadly supported regional conservation priorities to guide public conservation investments by state, federal, local and private entities. RCFs can also be used as a foundation for future action for communities that want to go further and develop more comprehensive plans such as development of an NCCP. 2)Background: This bill seeks to provide an efficient, timely, and standardized mechanism for regional, large-scale conservation planning that will help identify needs and priorities for wildlife and habitat conservation in regions, improve the effectiveness of public investments in wildlife conservation, and at the same time assist in guiding infrastructure projects and identifying appropriate early mitigation for those projects. While there are currently some state programs that attempt to provide comprehensive regional plans for conservation, such as the NCCP program, those AB 2087 Page 7 programs are time and resource intensive, taken multiple years to prepare, and are regulatory in nature. This bill would authorize public entities to prepare voluntary, non-regulatory, regional conservation frameworks that could serve as guides for conservation investments, and if specified criteria for science-based rigor and conservation objectives are met, and the plans are approved by DFW, could identify conservation actions which, if taken in advance of a project's impacts, may meet compensatory mitigation requirements for projects. With the advent of climate change, DFW and other conservation entities have become more aware of the need for conservation planning on a regional, landscape-level scale. The Legislature recognized this with the passage of AB 498 (Levine), Chapter 625, Statutes of 2015, which established a state policy to encourage voluntary actions to protect wildlife corridors and habitat strongholds. Among other findings, that bill recognized the importance of habitat connectivity to protect ecosystem health and biodiversity, and to improve the resiliency of wildlife and their habitats to climate change. The Governor's Administration in March 2016 released the most recent update in its series of climate change adaptation reports entitled "Safeguarding California" which includes implementation plans for ten sectors. The executive summary describes the ten implementation plans as a "master blueprint" for executing actions recommended in the 2014 report "Safeguarding California: Reducing Climate Risk", as called for in Governor Brown's April 2015 Executive Order (B-30-15). Among other things, the biodiversity and habitat sector plan identifies barriers to species migration or movement as a major challenge facing the sector, and indicates additional tools are needed to help resource managers respond to climate change in a meaningful way, and to ensure management and planning efforts are leading to on-the-ground adaptation AB 2087 Page 8 actions. These themes are also a major focus of the 2015 update to the State Wildlife Action Plan. Regional conservation frameworks are a practical tool that could significantly assist in these efforts. 3)Prior and Related Legislation: AB 1321 (Eng) of 2010 proposed to enact the Advance Infrastructure Mitigation Program Act, which would have authorized the Natural Resources Agency to adopt regional advance mitigation plans to provide effective mitigation and conservation of natural resources and natural processes on a landscape, regional, or statewide scale, to expedite the environmental review of planned infrastructure projects, and to facilitate the implementation of measures to mitigate the impacts of those projects by identifying and implementing mitigation measures in advance of project approval. AB 1321 was held in the Assembly Appropriations Committee. AB 2655 (Eng) of that same year would also have enacted similar provisions and was also held in Assembly Appropriations. AB 1833 (Linder) of 2016 would create an Advanced Mitigation Program in the Department of Transportation (CalTrans) to implement environmental mitigation measures in advance of future transportation projects. The purpose of the program is to accelerate project delivery and improve environmental outcomes of environmental mitigation for transportation infrastructure projects. AB 1833 is pending in the Assembly Transportation Committee. SB 901 (Bates) of 2016 would, similar to AB 1833, create an Advanced Mitigation Program in CalTrans to implement environmental mitigation measures in advance of future transportation projects, and would require CalTrans to set aside certain amounts of future appropriations for this purpose. Both bills would also require CalTrans to establish an interagency transportation advanced mitigation steering committee. SB 901 is pending in the Senate Transportation and AB 2087 Page 9 Housing Committee. 4)Support Arguments: Supporters note this bill will allow local and state agencies to develop frameworks to identify regional conservation goals and objectives, including protection of wildlife corridors. This bill furthers the goals of AB 498 (Levine) of 2015, which created a state policy to preserve and enhance wildlife corridors and promote habitat connectivity. This bill furthers those goals by encouraging a regional approach to conservation and allowing state agencies to engage early in identifying mitigation of large, regional infrastructure projects. Regional frameworks will allow for a more holistic approach to conservation planning that can also help guide public investments for better conservation outcomes. By identifying wildlife and habitat conservation goals at a landscape level, this bill will ensure that public expenditures are informed by best available science as the state seeks to address climate change adaptation and other stressors. 5)Opposition Arguments: None received. REGISTERED SUPPORT / OPPOSITION: Support Audubon California Big Sur Land Trust Bolsa Chica Land Trust AB 2087 Page 10 California Council of Land Trusts (Support-in-concept) California Trout Hills for Everyone Laguna Greenbelt, Inc. Land Trust of Santa Cruz County Mojave Desert Land Trust Pathways for Wildlife Santa Clara Valley Open Space Authority Sonoma County Agricultural Preservation and Open Space District The Nature Conservancy Transition Habitat Conservancy Opposition AB 2087 Page 11 None on file. Analysis Prepared by:Diane Colborn / W., P., & W. / (916) 319-2096