AB 1514, as introduced, Gonzalez. Natural community conservation planning agreements.
The Natural Community Conservation Planning Act authorizes the Department of Fish and Wildlife to enter into a specified agreement with any person or public entity for the purpose of preparing a natural community conservation plan, in cooperation with a local agency that has land use permit authority over the activities proposed to be addressed in the plan, to provide comprehensive management and conservation of multiple wildlife species, including, but not limited to, those species listed as endangered or threatened. The act authorizes any person, or any local, state, or federal agency, independently, or in cooperation with other persons, to undertake natural community conservation planning.
The bill would also require an agreement to implement a natural community conservation plan to identify all lands within the planning area that are classified by the State Geologist as containing mineral deposits of regional or statewide significance. The bill would require the agreement, if classified mineral resources are found to exist on lands within the planning area, to include participation by the State Geologist, as specified. The bill would require the State Geologist to evaluate, among other plan principles, and, if feasible, to recommend, exclusion from the planning area of lands containing identified mineral resources or, when reclamation practices are proposed that would render the reclaimed lands suitable for future inclusion within the planning area, temporary exclusion until the mineral resources are developed.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 2810 of the Fish and Game Code is
2amended to read:
(a) The department may enter into an agreement with
4any person or public entity for the purpose of preparing a natural
5community conservation plan, in cooperation with a local agency
6that has land use permit authority over the activities proposed to
7be addressed in the plan, to provide comprehensive management
8and conservation of multiple wildlife species, including, but not
9limited to, those species listed pursuant to Article 2 (commencing
10with Section 2070) of Chapter 1.5. The agreement shall include a
11provision specifying the amount of compensation, if any, payable
12to the department pursuant to Section 2829.
13(b) The agreement shall meet all of the following conditions:
14(1) The agreement shall be binding upon the department, other
15participating federal, state, and local agencies, and participating
16private landowners.
17(2) The agreement shall define the geographic scope of the
18conservation planning area.
19(3) The agreement shall identify a preliminary list of those
20natural communities, and the endangered, threatened, candidate,
21or other species known, or reasonably expected to be found, in
22those communities, that are intended to be the initial focus of the
23plan.
24(4) The agreement shall identify preliminary conservation
25objectives for the planning area.
26(5) The agreement shall establish a process for the inclusion of
27independent scientific input to assist the department and plan
28participants, and to do all of
the following:
29(A) Recommend scientifically sound conservation strategies
30for species and natural communities proposed to be covered by
31the plan.
P3 1(B) Recommend a set of reserve design principles that addresses
2the needs of species, landscapes, ecosystems, and ecological
3processes in the planning area proposed to be addressed by the
4plan.
5(C) Recommend management principles and conservation goals
6that can be used in developing a framework for the monitoring
7and adaptive management component of the plan.
8(D) Identify data gaps and uncertainties so that risk factors can
9be evaluated.
10(6) The agreement shall require coordination with federal
11wildlife agencies with respect to the federal
Endangered Species
12Act (16 U.S.C. Sec. 1531 et seq.).
13(7) The agreement shall encourage concurrent planning for
14wetlands and waters of the United States.
15(8) The agreement shall establish an interim process during plan
16development for project review wherein discretionary projects
17within the plan area subject to Division 13 (commencing with
18Section 21000) of the Public Resources Code that potentially
19conflict with the preliminary conservation objectives in the
20planning agreement are reviewed by the department prior to, or as
21soon as possible after the project application is deemed complete
22pursuant to Section 65943 of the Government Code and the
23department recommends mitigation measures or project alternatives
24that would help achieve the preliminary conservation objectives.
25As part of this process, information developed pursuant to
26paragraph (5) of subdivision (b) of Section 2810
shall be taken
27into consideration by the department and plan participants. Any
28take of candidate, threatened, or endangered species that occurs
29during this interim period shall be included in the analysis of take
30to be authorized under an approved plan. Nothing in this paragraph
31is intended to authorize take of candidate, protected, or endangered
32species.
33(9) The agreement shall establish a process for public
34participation throughout the plan development and review pursuant
35to Section 2815.
36(10) (A) The agreement shall, pursuant to subdivision (e) of
37Section 2801, identify all lands within the planning area that are
38classified by the State Geologist as containing mineral deposits
39of regional or statewide significance within the meaning of
P4 1paragraph (2) of subdivision (b) of
Section 2761 of the Public
2Resources Code.
3(B) (i) If classified mineral resources exist on lands within the
4planning area, the agreement shall include participation by the
5State Geologist, who shall be responsible for recommending plan
6principles that promote the conservation and development of the
7identified mineral resources for the benefit of the region or the
8state while minimizing impacts to wildlife.
9(ii) The State Geologist
shall evaluate, among other plan
10principles, and, if feasible, recommend, exclusion from the planning
11area of lands containing identified mineral resources or, when
12reclamation practices are proposed that would render the
13reclaimed lands suitable for future inclusion within the planning
14area, temporary exclusion until the mineral resources are
15developed.
16(c) The approval of the planning agreement is not a project
17pursuant to Division 13 (commencing with Section 21000) of the
18Public Resources Code.
19(d) Prior to department approval of the planning agreement, the
20public shall have 21 calendar days to review and comment on the
21proposed planning agreement.
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