BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2087


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          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  








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            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.  










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          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  








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            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.   








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          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  








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          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  








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            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  








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            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  








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            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









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          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










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          None on file.




          Analysis Prepared by:Diane Colborn / W., P., & W. / (916)  
          319-2096