BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 2193
                                                                  Page  1

          Date of Hearing:   April 30, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                    AB 2193 (Gordon) - As Amended:  April 2, 2014 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            15-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill creates the Habitat Restoration and Enhancement Act at  
          the Department of Fish and Wildife (DFW).  Specifically, this  
          bill: 

          1)Requires the Director of DFW to approve a habitat restoration  
            or enhancement project if the project will maintain existing  
            levels of human health and safety protection and meets  
            specified criteria relating to project size and scope and  
            complies with existing laws and guidance documents.  

          2)Authorizes DFW to impose a schedule of fees sufficient to  
            recover all reasonable administrative or implementation costs,  
            but not to exceed streambed alteration agreement fees adopted  
            by the department.

          3)Creates the Habitat Restoration and Enhancement Account (HREA)  
            in the Fish and Game Preservation Fund (FGPF).

           FISCAL EFFECT  

          1)Increased annual costs to DFW in the $500,000 to $1 million  
            range, partially offset by fees, to develop and staff the new  
            permitting program (HREA and FGPF).

          2)One-time cost of approximately $250,000 for DFW to develop a  
            new database (HREA and FGPF)

          This bill authorizes DFW to impose fees for permitting projects  
          but limits the allowable fees to the same fee schedule as  
          streambed alteration agreement fees, currently between $250 and  








                                                                  AB 2193
                                                                  Page  2

          $5,000. It is unlikely the fees will generate sufficient revenue  
          to support the new program. 

           COMMENTS  

           1)Purpose.   According to the author, this bill provides private  
            landowners, conservation groups, and local agencies an  
            expedited environmental permit process for small ecosystem and  
            watershed restoration projects of less than five acres.  The  
            author contends an expedited regulatory compliance program  
            will encourage small voluntary, environmentally beneficial  
            projects that improve water quality and assist species  
            recovery.

            This bill is modeled after an expedited regulatory process for  
            voluntary habitat restoration projects for coho salmon.  

           2)Background.   DFW is the trustee for the fish and wildlife  
            resources of the state.  DFW authorization is required if an  
            action could affect an endangered species or rate native  
            plant.  Small scale restoration projects may require numerous  
            environmental permits including those required under the  
            California Endangered Species Act (CESA), the California  
            Environmental Quality Act (CEQA), relevant water quality  
            requirements, and streambed alteration agreements. 








           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081