BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2087


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          (Without Reference to File)





          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2087 (Levine)


          As Amended  August 31, 2016


          Majority vote


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          |ASSEMBLY:  |52-20 |(June 2, 2016) |SENATE: |      |(August 31,      |
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          Original Committee Reference:  W., P., & W.


          SUMMARY:  Authorizes the Department of Fish and Wildlife (DFW)  
          to approve regional conservation investment strategies (RCIS) to  
          identify and provide voluntary guidance for regional  
          conservation, and to encourage investments in conservation  
          through advance mitigation. 


          The Senate amendments:


          1)State that the purpose of this bill is to create a pilot  
            program to identify and prioritize science-based regional  








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            conservation while also encouraging conservation investments  
            through advance mitigation.  Clarify that the purpose of an  
            RCIS is to provide non-binding voluntary guidance on  
            conservation priorities.


          2)Rename the Regional Conservation Frameworks this bill would  
            authorize as RCIS.


          3)Add a three year sunset date, prohibiting the DFW from  
            approving an RCIS or regional conservation assessment on or  
            after January 1, 2020, and limiting the number of RCIS  
            approved by the DFW within that time frame to no more than  
            eight. 


          4)Add, delete and clarify definitions.


          5)Clarify that it is not the intent of the Legislature with this  
            bill to regulate land use, or to limit or restrict the land  
            use authority of any public agency.  Further state that it is  
            not the intent of the Legislature that an approved RCIS be  
            binding on independent agency action within the geographic  
            scope of the RCIS.  State that RCIS are nonbinding and  
            voluntary and do not affect the authority or discretion of  
            local land use agencies.


          6)Clarify program provisions, specifically what is to be  
            included in and considered in developing an RCIS.  Among other  
            things, require that the RCIS process, in addition to  
            considering the potential for conservation of focal species,  
            also consider:


             a)   The conservation benefits of preserving working lands  
               for agricultural uses.


             b)   Reasonably forseeable infrastructure facility  








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               development.


             c)   Reasonably forseeable projects in the area, including  
               housing.


             d)   Reasonably forseeable development for the production of  
               renewable energy.


          7)Add additional public notice, public meeting, and public  
            comment opportunity requirements.  Require a public agency to  
            publish notice of its intent to create an RCIS, to file that  
            notice with the Governor's Office of Planning and Research and  
            the county clerk of each county in the RCIS area, and to  
            notify anyone who has filed a written request with the DFW for  
            notices regarding draft RCISs, and any implementing entities  
            for any Natural Community Conservation Plans (NCCPs) in the  
            RCIS area.  Also require that those entities be notified at  
            least 30 days before a public meeting is held on the RCIS.   
            Require a public agency proposing an RCIS to include responses  
            to public comments in their submittal to the DFW.


          8)Require consultation with local agencies that have land use  
            authority within the geographic area in developing an RCIS.


          9)Add additional criteria that must be met for a conservation  
            action or habitat enhancement identified in an RCIS to be used  
            to create mitigation credits.  Expand upon and clarifies the  
            conditions that must be met for the DFW to approve a  
            mitigation credit agreement.  Among other things, require the  
            DFW to ensure the long-term durability of habitat  
            enhancements, and requires a mitigation credit agreement to  
            meet standards consistent with those required for approval of  
            a mitigation bank under existing law, as specified.


          10)Require an RCIS to be consistent with any applicable  
            administrative draft or approved NCCP within an RCIS area, and  








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            to explain how the RCIS is consistent with any other  
            previously approved conservation strategies or recovery plans  
            that overlap with the RCIS area.


          11)Add information on climate change vulnerability to the  
            information that is included in an RCIS.


          12)Clarify that an RCIS does not modify the requirements for  
            other Fish and Game Code sections or regulations, and does not  
            constitute a plan, policy or regulation for purposes of the  
            California Environmental Quality Act (CEQA).  Further clarify  
            that an RCIS does not modify the standards for CEQA, or  
            otherwise limit a lead agency's discretion to determine  
            whether a project may or may not result in significant  
            environmental effects.


          13)Prohibit mitigation credits authorized under this bill from  
            being used to fund or offset the costs of design,  
            construction, or mitigation of new Delta conveyance.  Clarify  
            that this bill does not modify or limit the Delta Reform Act.


          14)Clarify that RCISs are voluntary and non-binding on public  
            agencies other than the parties to a mitigation credit  
            agreement, are intended to provide scientific information for  
            consideration by public agencies, and do not require other  
            public agencies to adopt, implement or otherwise adhere to an  
            RCIS. 


          15)Add a requirement for the DFW to provide public notice and an  
            opportunity to comment on proposed mitigation credit  
            agreements.


          16)Authorize the DFW to adopt guidelines to aid in  
            implementation and require the DFW to collect fees or other  
            compensation from an entity that proposes to enter into a  
            mitigation credit agreement to cover costs.








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          17)Make other technical and clarifying changes.


          








          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 California Endangered Species Act (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  








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            comprehensive management and conservation of wildlife,  
            pursuant to specified requirements.


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee:


          1)Approximately $675,000 in year one, and $987,000 annually  
            (special fund) to develop guidelines and administer the  
            program, some or all of which may be recovered through fees.


          2)Unknown, potentially significant savings to state agencies  
            using the RCIS process for conservation efforts,  
            infrastructure planning, or mitigation.


          COMMENTS:  This bill authorizes a new voluntary conservation  
          tool known as a RCIS to identify wildlife habitat conservation  
          needs in a region, help guide infrastructure planning and  
          development, improve the effectiveness of public expenditures  
          for conservation, and identify potential advance mitigation  
          solutions for public infrastructure projects.  An RCIS could be  
          proposed by a public agency, in consultation with local  
          agencies, and submitted to the DFW for review and approval.  A  
          conservation action that measurably advances the conservation  
          objectives of an approved RCIS, and meets other specified  
          requirements, could be used to create advance mitigation credits  
          through a mitigation credit agreement approved by the DFW.  


          The Senate amendments narrow this bill to a three year pilot  
          program.  The DFW would be authorized to approve RCISs only  
          until January 1, 2020, and the number of RCISs approved during  
          those three years would be limited to no more than eight.  The  
          Senate amendments also clarify the voluntary, non-binding and  
          non-regulatory nature of this bill.


          The Senate floor analysis notes that in order to demonstrate the  
          approach that is represented by this bill, there are three pilot  








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          projects currently underway in Yolo County, Antelope Valley, and  
          the Bay Area.  Each demonstrates a different application of the  
          conservation strategy proposed in this legislation.  However, in  
          the absence of a statutory change, the concept of advance  
          mitigation credit based on an RCIS would not be available.


          Supporters of this bill emphasize this bill will provide an  
          efficient approach for regional conservation planning that  
          identifies needs and priorities for wildlife and habitat  
          conservation, improves the effectiveness of public investments  
          in wildlife conservation, and assists in guiding infrastructure  
          projects and identifying suitable areas for advance mitigation  
          investments for those projects.  They emphasize this bill  
          accomplishes the twin goals of improved conservation outcomes  
          and improved infrastructure development.  Some supporters also  
          believe this new tool will help guide development away from the  
          most sensitive habitat while providing a more comprehensive and  
          efficient approach to mitigation.


          Most of the opposition was removed with the final amendments  
          adopted in the Senate.  Some entities who manage mitigation  
          banks had concerns with a prior version, specifically with the  
          advance mitigation credit provisions, and would like to see  
          advance mitigation options limited to for-profit mitigation  
          banks approved under existing statutory processes.  This bill as  
          amended requires mitigation credit agreements authorized under  
          this bill to meet the same standards as mitigation banks.  One  
          opponent to an earlier version of this bill also raised concerns  
          regarding NCCPs, public review of mitigation credit agreements,  
          and the science requirements for RCIS.  The amendments taken in  
          the Senate require that the RCIS be consistent with any NCCP  
          that overlaps with the RCIS area, add a requirement for public  
          notice, review and comment on mitigation credit agreements, and  
          require that the RCIS be science-based.  


          Analysis Prepared by:                                             
                          Diane Colborn / W., P., & W. / (916) 319-2096     
                                                                  FN:  
          0005039








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