BILL ANALYSIS Ó
AB 2087
Page 1
Date of Hearing: May 18, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2087 (Levine) - As Amended April 5, 2016
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|Policy |Water, Parks and Wildlife |Vote:|10 - 1 |
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill authorizes the Department of Fish and Wildlife (DFW)
to approve a regional conservation framework, as specified, to
enhance the long-term viability of native species, habitat, and
other natural resources. The regional conservation framework
(framework) may be used to fulfill mitigation requirements under
the California Endangered Species Act (CESA) and the California
Environmental Quality Act (CEQA). Additionally, this bill:
1)Requires a public agency to hold at least two public meetings
to allow for verbal and written comments prior to submitting
the framework to DFW for approval.
AB 2087
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2)Requires DFW to make all proposed frameworks available to the
public on its website for at least 30 days. Also requires DFW
to post all approved frameworks and updates.
3)Authorizes DFW to determine the level of detail necessary in
each framework to approve a framework for up to five years.
FISCAL EFFECT:
1)Increased DFW costs of approximately $750,000 over the first
two years to develop standards and guidelines for the new
program and provide technical review of the data and analyses
included in the proposed frameworks. No fund source or
funding mechanism has been identified in the bill.
2)Likely unknown future costs savings and efficiencies for DFW
and other state resource and infrastructure agencies.
DFW along with other state and federal resource agencies and
state infrastructure agencies, have agreed through interagency
initiatives that mitigation at a regional scale and in advance
of project impacts is more efficient and less costly for
project proponents, including state infrastructure agencies,
because it is identified, budgeted, and carried out in advance
of impacts. In addition to cost savings, advanced mitigation
may be more effective because conservation actions or habitat
enhancements used as mitigation can contribute to a regional
conservation strategy rather than be carried out in a
project-by-project, piecemeal fashion.
AB 2087
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COMMENTS:
1)Purpose. According to the author, regional conservation
frameworks are voluntary, non-regulatory tools to incentivize
pro-active conservation planning in advance of development
pressures. This bill establishes common standards for
regional conservation planning to guide investments by state,
federal, local land private entities.
2)Background. 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. 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.
Last year, AB 498 (Levine), Chapter 625, 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.
There are currently some state programs designed to provide
comprehensive regional plans for conservation, such as the
AB 2087
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Natural Communities Conservation Program ( NCCP). However,
NCCPs are regulatory in nature and often take multiple years
to prepare. The frameworks established by this bill could
serve as a foundation for future actions including more
comprehensive plans such as development of an NCCP.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081