BILL NUMBER: AB 949 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 1, 2001
AMENDED IN ASSEMBLY APRIL 18, 2001
AMENDED IN ASSEMBLY MARCH 28, 2001
INTRODUCED BY Assembly Member Kehoe
FEBRUARY 23, 2001
An act to amend Section 2801 of, and to add Section 2826 to, the
Fish and Game Code, relating to natural community conservation
planning, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 949, as amended, Kehoe. Natural Community Conservation
Planning Act.
(1) The existing Natural Community Conservation Planning Act
authorizes the Department of Fish and Game to enter into an agreement
with any person for the purpose of preparing and implementing a
natural community conservation plan to provide comprehensive
management and conservation of multiple wildlife species.
The United States Supreme Court, in Solid Waste Agency v. Army
Corps. EN. Eng. (2001) 148 L.Ed.2d 576,
did not extend regulation under the federal Clean Water Act to
wetlands not adjacent to open water that serve as habitat for
migratory birds.
This bill would authorize natural community conservation plans to
provide for the conservation of wetlands and
wetlands-dependent species that are not subject to federal
jurisdiction.
(2) Under existing law, the money in the Fish and Game
Preservation Fund is continuously appropriated to the department to
carry out the Fish and Game Code.
Because this bill would impose new duties on the department, the
bill would thereby make an appropriation.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2801 of the Fish and Game Code is amended to
read:
2801. The Legislature finds and declares all of the following:
(a) The continuing population growth in California will result in
increasing demands for dwindling natural resources and will result in
the continuing decline of the state's wildlife.
(b) There is a need for broad-based planning to provide for
effective protection and conservation of the state's wildlife
heritage while continuing to allow appropriate development and
growth.
(c) Natural community conservation planning is an effective tool
in protecting California's natural diversity while reducing conflicts
between protection of the state's wildlife heritage and reasonable
use of natural resources for economic development.
(d) Natural community conservation planning promotes coordination
and cooperation among public agencies, landowners, and other private
interests, provides a mechanism by which landowners and development
proponents can effectively participate in the resource conservation
planning process, provides a regional planning focus that can
effectively address cumulative impact concerns, minimizes wildlife
habitat fragmentation, promotes multispecies management and
conservation, provides an option for identifying and ensuring
appropriate mitigation for impacts of fish and wildlife, and promotes
the conservation of broad-based natural communities and species
diversity.
(e) Natural community conservation planning can provide for
efficient use and protection of natural and economic resources while
also promoting greater sensitivity to important elements of the state'
s critical natural diversity.
(f) Natural community conservation planning is an effective
planning process that can facilitate early coordination to protect
the interests of the state, the federal government, local public
agencies, landowners, and other private parties.
(g) Natural community conservation planning is a mechanism that
can provide an early planning framework for proposed development
projects within the planning area in order to avoid, minimize, and
compensate for impacts on wildlife caused by development and growth.
(h) Natural community conservation planning is consistent with,
and will support, the fish and wildlife management activities of the
department in its role as the trustee for fish and wildlife within
the state.
(i) The purpose of natural community conservation planning is to
sustain and restore those species and habitat identified by the
department that are necessary to maintain the continued viability of
biological communities that are impacted by growth and development.
(j) In light of recent changes in federal law related to
protection of wetlands, it is desirable to create a clear incentive
to provide for the conservation of wetlands and
wetlands-dependent plant and animal species that may no
longer be receiving protection under federal law through the natural
community conservation planning process.
SEC. 2. Section 2826 is added to the Fish and Game Code, to read:
2826. A natural community conservation plan may provide for the
conservation of wetlands and wetlands-dependent species
not subject to federal jurisdiction, if the department
finds all of the following:
(a) The plan ensures that there is no net loss of existing
wetlands and that the plan provides a long-term gain in the quality
and quantity of wetlands acreage and functions in the plan area.
(b) The plan prohibits the destruction of wetlands if there is a
practicable alternative that will have less adverse environmental
impacts.
(c) The plan requires that adverse environmental impacts of
wetlands destruction are avoided, that unavoidable impacts are
minimized, and that any remaining impacts are mitigated to the
maximum extent practicable.
(d) With respect to any coastal wetlands, as defined in Section
30121 of the Public Resources Code, the plan meets the requirements
of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000) of the Public Resources Code).
(e) Any use of offsite mitigation or wetlands mitigation banks
shall be in close enough proximity to the project site that the
mitigation will provide actual replacement of the hydrological,
vegetative, and wildlife function and values of the wetlands on the
project site.