BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 949
                                                                  Page  1

          Date of Hearing:   April 24, 2001

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                 Dean Florez, Chair
                     AB 949 (Kehoe) - As Amended:  April 18, 2001
           
          SUBJECT  :   Natural Community Conservation Planning

           SUMMARY  :   Authorizes Natural Community Conservation Plans  
          (NCCP) to provide for the conservation of wetlands and  
          wetlands-dependent species no longer receiving protection under  
          the federal Clean Water Act (Act).  Specifically,  this bill  :  

          1)Makes a finding that it is desirable to create incentives to  
            conserve wetlands and wetlands-dependent plant and animal  
            species.

          2)Provides that a NCCP may provide for the conservation of  
            wetlands and wetlands-dependent plant and animal species that  
            may no longer be receiving protection under the federal Act if  
            the Department of Fish and Game (DFG) finds all of the  
            following:

             a)   The plan ensures no net loss of existing wetlands or  
               recreational uses and provides a long-term gain in wetlands  
               acreage and functions in the plan area.

             b)   The plan prohibits the destruction of wetlands if there  
               is a practicable alternative with less impact to the  
               environment.

             c)   The plan requires that adverse impacts to wetlands are  
               avoided, minimized, or mitigated.

             d)   The plan meets the requirements of the Coastal Act if  
               coastal wetlands are affected.

             e)   Any use of offsite mitigation or wetlands mitigation  
               banks is close enough to the project site that the  
               mitigation will actually replace of hydrological,  
               vegetative, and wildlife functions and values of the  
               wetlands on the project site.

           EXISTING LAW  :  Provides for the regional or area-wide protection  
          of wildlife habitats, while allowing compatible and appropriate  








                                                                  AB 949
                                                                  Page  2

          development and growth, through the use of NCCP's.

           FISCAL EFFECT  :   Unknown.

           COMMENTS  :   State policy seeks to ensure "no net loss" of  
          wetlands.  Several state laws, including the Porter-Cologne Act,  
          the California Endangered Species Act (CESA), and the California  
          Environmental Quality Act (CEQA) may be used to protect  
          wetlands.  The federal Endangered Species Act (ESA) may also be  
          used to protect habitat for endangered species.  This bill is  
          intended to extend the NCCP Act to protect wetlands values while  
          accommodating needed economic activity.  This bill creates  
          standards for the use of the NCCP Act in conserving wetlands.




           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          National Audubon Society (sponsor)
          Planning and Conservation League (PCL)

           Opposition 
           
          None on file.
           
          Analysis Prepared by  :  Jeff Volberg / W., P. & W. / (916)  
          319-2096