Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare 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, as applicable.

Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined.

This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources.

This bill would provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare 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, as applicable.

Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined.

This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources.

This bill would provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare 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, as applicable.

Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined.

This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources.

This bill would provide that a project applicant may receive advance mitigation credits for investing in a mitigation bank that protects habitat connectivity for affected fish and wildlife resources, and would further provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare 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, as applicable.

Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined.

This bill would include within the authorized purposes of a conservation bank the protection of habitat connectivity for fish and wildlife resources.

This bill would provide that a project applicant may receive advance mitigation credits for investing in a mitigation bank that protects habitat connectivity for affected fish and wildlife resources, and would further provide that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for the project shall not be grounds for denying a permit or requiring additional mitigation beyond what is otherwise required by law to mitigate project impacts.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare that it is the policy of the state, with regard to a project proposed in an area identified as a wildlife corridor, to encourage the project proponent to consult with the department, and, state to encourage, wherever feasible and practicable, take voluntary steps to promote, protect, or restore protect the functioning of the wildlife corridor wildlife corridors through various means, as applicable.

Existing law provides for the establishment of conservation banks, defined as publicly or privately owned and operated sites that are to be conserved and managed for habitat protection purposes in accordance with an agreement with the Department of Fish and Wildlife. Existing law provides for the issuance of credits by a conservation bank to, among other things, reduce adverse impacts to fish or wildlife resources from certain activities. Existing law also provides for the establishment of mitigation banks, as defined.

This bill would include within the authorized purposes of a conservation bank the maximization protection of habitat connectivity for fish and wildlife resources.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare that it is the policy of the state and all state agencies, state, with regard to a project proposed in an area identified as a wildlife corridor, to encourage the project proponent to consult with the department, and, wherever feasible and practicable, take voluntary steps to promote, protect, or restore the functioning of the wildlife corridor through various means, as applicable.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare that it is the policy of the state and all state agencies, with regard to a project proposed in an area identified as a wildlife corridor, to encourage the project proponent to consult with the department, and, wherever feasible and practicable, take steps to protect promote, protect, or restore the functioning of the wildlife corridor through various means, as applicable.

Existing law requires the Department of Fish and Wildlife to administer the Significant Natural Areas Program, and requires the department, among other things, to develop and maintain a spatial data system that identifies those areas in the state that are most essential for maintaining habitat connectivity, including wildlife corridors and habitat linkages. Existing law requires the department, contingent upon the provision of certain funding, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages and prioritize vegetative data development in those areas. Existing law requires the department to seek input from representatives of other state agencies, local government, federal agencies, nongovernmental conservation organizations, landowners, agriculture, recreation, scientific entities, and industry in determining essential wildlife corridors and habitat linkages.

This bill would declare that it is the policy of the state and all state agencies, with regard to a project proposed in an area identified as a wildlife corridor, to encourage the project proponent to consult with the department, and, wherever feasible and practicable, take steps to protect or restore the functioning of the wildlife corridor through various means, as applicable.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 498

Author:(Levine)

As Amended Ver:August 31, 2015

Majority vote

Original Committee Reference: W., P., & W.

SUMMARY: Declares 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.

The Senate amendments:

1. Delete the authorization for project applicants to receive advance mitigation credits for investing in a mitigation bank that protects habitat connectivity for fish and wildlife.

2. Modify the specified means of protecting wildlife corridors through voluntary steps to include installation of directional fencing, siting of mitigation and conservation banks in areas that provide habitat connectivity, and overpasses.

3. Modify the definition of a wildlife corridor for purposes of this bill to include habitat linkages that allow for fish passage.

4. State that this bill shall not be construed to create new regulatory requirements or modify the requirements for Natural Community Conservation Plans.

5. Modify a finding and declaration regarding efforts involving working landscapes that are working to achieve the policy of protecting wildlife corridors.

6. Add coauthors and make additional technical, nonsubstantive changes.

EXISTING LAW:

1. States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity.

2. Required the Department of Fish and Wildlife (DFW) to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3. States legislative intent that the Wildlife Conservation Board (WCB) use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS: This bill articulates a statewide policy to protect wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, and to encourage voluntary steps to protect the functioning of wildlife corridors. This bill also defines wildlife corridors and habitat strongholds for these purposes, and expands the definition of a conservation bank to include sites that, to the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources.

Supporters of this bill note that by setting a statewide policy to promote and protect wildlife corridors and habitat strongholds this bill will help ensure state efforts are coordinated to preserve the habitat most valuable to climate change adaptation. They note that climate change is a significant threat to wildlife and biodiversity in California. As the state works to reduce greenhouse gas emissions and stop the acceleration of climate change, it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species migrate between large habitat blocks within California on a seasonal basis. Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced. There is no known opposition to this bill as amended.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0001795

 THIRD READING  

Bill No: AB 498

Author: Levine (D), et al.

Amended: 8/31/15 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 8-1, 7/14/15

AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 52-24, 5/28/15 - See last page for vote

SUBJECT: Wildlife conservation: wildlife corridors

SOURCE: Audubon California

DIGEST: This bill establishes the policy of the state to promote the protection of wildlife corridors.

Senate Floor Amendments of 8/31/15 delete a reference to advance mitigation credits at a mitigation bank, add overpasses and fish passage into the types of projects that may be voluntarily undertaken to acquire or protect wildlife corridors, and propose other technical and clarifying changes.

ANALYSIS:

Existing law:

1. States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity.

2. Requires the Department of Fish and Wildlife (DFW) to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3. States legislative intent that the Wildlife Conservation Board use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

This bill:

1. States legislative findings and declarations regarding the importance of wildlife corridors to assist with climate change adaptation, protect ecosystem health and biodiversity, and improve the resiliency of wildlife and their habitats to climate change. Further finds and declares that preserving and connecting high-quality habitat for wildlife can create habitat strongholds that support wildlife in being more resilient to increasing pressures from climate change and development.

2. Declares it is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for migration and movement of species between habitat lands. Further states that in order to further these goals 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, as specified.

3. Declares that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable law, as specified.

4. Defines a wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another, including fish passages and overpasses.

5. Defines a habitat stronghold as high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

6. States that this bill shall not be construed to create new regulatory requirements or modify the requirements of the California Environmental Quality Act.

7. States legislative findings and declarations regarding existing programs, including programs involving working landscapes such as timber lands, agricultural lands, and range lands, that are already working to achieve these objectives.

8. Expands the definition of a conservation bank to include sites that, to the extent feasible and practicable, protect habitat connectivity for affected fish and wildlife resources.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/15)

Audubon California (source)

California League of Conservation Voters

California Waterfowl Association

Conserving Land for People

Defenders of Wildlife

Environment California

Friends of Harbors, Beaches and Parks

Hills for Everyone

Land Trust of Santa Cruz County

Pacific Forest Trust

Peninsula Open Space Trust

Santa Clara Valley Open Space Authority

Sierra Club California

The Trust for Public Lands

West Marin Environmental Action Committee

OPPOSITION: (Verified 8/18/15)

None received

ARGUMENTS IN SUPPORT: According to the author, adding a definition of wildlife corridors to state law is very consistent with the growing recognition of wildlife corridors as an essential way to protect wildlife and to help with the long-term viability of the state’s wildlife.

Other supporters note that by setting a statewide policy to promote and protect wildlife corridors, habitat strongholds, and habitat linkages, this bill will ensure that state efforts are coordinated to preserve the habitat most valuable to climate adaptation. They note that climate change is a huge threat to wildlife and biodiversity in California. Models from the National Audubon Society's science team show that 314 bird species alone are in danger of losing up to 50% of their habitat due to change climate and habitat loss. As the state works to reduce greenhouse gas emissions that can alleviate the acceleration of climate change, it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species, in addition to birds, migrate between large habitat blocks within California on a seasonal basis. Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced. Projects that infringe on wildlife corridors, such as the construction of major roadways or other infrastructure, may also contribute to the direct mortality of wildlife if undertaken without appropriate mitigation. Supporters indicate this bill would help facilitate protection and enhancement of wildlife corridors by ensuring greater communication and outreach between DFW, which has the expertise and statutory authority to identify wildlife corridors, and project proponents on potential adverse impacts to wildlife species. Such a proactive approach would not only provide greater wildlife conservation benefits, but also reduce the possibility of project delays.

ASSEMBLY FLOOR: 52-24, 5/28/15

AYES: Alejo, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O'Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins

NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chávez, Dahle, Beth Gaines, Gallagher, Harper, Jones, Kim, Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Bloom, Brown, Eggman, Grove

Prepared by: William Craven / N.R. & W. / (916) 651-4116

9/1/15 21:19:50

**** END ****

SENATE COMMITTEE ON APPROPRIATIONS

Senator Ricardo Lara, Chair

2015 - 2016 Regular Session

AB 498 (Levine) - Wildlife conservation: wildlife corridors.

This bill meets the criteria for referral to the Suspense File.

Bill Summary:

AB 498 would declare that it is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds, including through the acquisition of conservation easements, installation of wildlife-friending fencing, creation of mitigation and conservation banks, and the building of infrastr5ucture such as roadway undercrossings to allow for movement of wildlife between habitat areas.

Fiscal Impact:

>

• >

Background:

>

Proposed Law:

>

Related Legislation:

>

Staff Comments:

>

Proposed Author Amendments:

>

Recommended Amendments:

>

-- END --

 THIRD READING  

Bill No: AB 498

Author: Levine (D), et al.

Amended: 7/16/15 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 8-1, 7/14/15

AYES: Pavley, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

NOES: Stone

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 52-24, 5/28/15 - See last page for vote

SUBJECT: Wildlife conservation: wildlife corridors

SOURCE: Audubon California

DIGEST: This bill establishes the policy of the state to promote the protection of wildlife corridors.

ANALYSIS:

Existing law:

1. States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state’s biodiversity.

2. Requires the Department of Fish and Wildlife (DFW) to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3. States legislative intent that the Wildlife Conservation Board (WCB) use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

This bill:

1. States legislative findings and declarations regarding the importance of wildlife corridors to assist with climate change adaptation, protect ecosystem health and biodiversity, and improve the resiliency of wildlife and their habitats to climate change. Further finds and declares that preserving and connecting high-quality habitat for wildlife can create habitat strongholds that support wildlife in being more resilient to increasing pressures from climate change and development.

2. Declares it is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for migration and movement of species between habitat lands. Further states that in order to further these goals 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, as specified.

3. Provides that a project applicant, consistent with existing law regarding conservation banks, may receive advance mitigation credits for investing in a mitigation bank that, to the extent feasible and practicable, protects habitat connectivity for affected fish and wildlife resources.

4. Declares that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable law, as specified.

5. Defines a wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another.

6. Defines a habitat stronghold as high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

7. States that this bill shall not be construed to create new regulatory requirements or modify the requirements of the California Environmental Quality Act.

8. States legislative findings and declarations regarding existing programs, including programs involving working landscapes such as timber lands, agricultural lands, and range lands, that are already working to achieve these objectives.

9. Expands the definition of a conservation bank to include sites that, to the extent feasible and practicable, protect habitat connectivity for affected fish and wildlife resources.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 8/18/15)

Audubon California (source)

California League of Conservation Voters

California Waterfowl Association

Conserving Land for People

Defenders of Wildlife

Environment California

Friends of Harbors, Beaches and Parks

Hills for Everyone

Land Trust of Santa Cruz County

Pacific Forest Trust

Peninsula Open Space Trust

Santa Clara Valley Open Space Authority

Sierra Club California

The Trust for Public Lands

West Marin Environmental Action Committee

OPPOSITION: (Verified 8/18/15)

None received

ARGUMENTS IN SUPPORT: According to the author, adding a definition of wildlife corridors to state law is very consistent with the growing recognition of wildlife corridors as an essential way to protect wildlife and to help with the long-term viability of the state’s wildlife.

Other supporters note that by setting a statewide policy to promote and protect wildlife corridors, habitat strongholds, and habitat linkages, this bill will ensure that state efforts are coordinated to preserve the habitat most valuable to climate adaptation. They note that climate change is a huge threat to wildlife and biodiversity in California. Models from the National Audubon Society’s science team show that 314 bird species alone are in danger of losing up to 50% of their habitat due to change climate and habitat loss. As the state works to reduce greenhouse gas emissions that can alleviate the acceleration of climate change, it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species, in addition to birds, migrate between large habitat blocks within California on a seasonal basis. Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced. Projects that infringe on wildlife corridors, such as the construction of major roadways or other infrastructure, may also contribute to the direct mortality of wildlife if undertaken without appropriate mitigation. Supporters indicate this bill would help facilitate protection and enhancement of wildlife corridors by ensuring greater communication and outreach between DFW, which has the expertise and statutory authority to identify wildlife corridors, and project proponents on potential adverse impacts to wildlife species. Such a proactive approach would not only provide greater wildlife conservation benefits, but also reduce the possibility of project delays.

ASSEMBLY FLOOR: 52-24, 5/28/15

AYES: Alejo, Bonilla, Bonta, Burke, Calderon, Campos, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd, Frazier, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Hadley, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, Maienschein, McCarty, Medina, Mullin, Nazarian, O’Donnell, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Atkins

NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chávez, Dahle, Beth Gaines, Gallagher, Harper, Jones, Kim, Lackey, Linder, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk

NO VOTE RECORDED: Bloom, Brown, Eggman, Grove

Prepared by: William Craven / N.R. & W. / (916) 651-4116

8/19/15 20:39:02

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 498 Hearing Date: July 14, 2015

Subject: Wildlife conservation: wildlife corridors.

BACKGROUND AND EXISTING LAW

1. States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity.

2. Requires the Department of Fish and Wildlife (DFW) to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3. States legislative intent that the Wildlife Conservation Board (WCB) use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

PROPOSED LAW

This bill establishes the policy of the state to promote the protection of wildlife corridors. Specifically, this bill:

1. States legislative findings and declarations regarding the importance of wildlife corridors to assist with climate change adaptation, protect ecosystem health and biodiversity, and improve the resiliency of wildlife and their habitats to climate change. Further finds and declares that preserving and connecting high-quality habitat for wildlife can create habitat strongholds that support wildlife in being more resilient to increasing pressures from climate change and development.

2. Declares it is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for migration and movement of species between habitat lands. Further states that in order to further these goals 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, as specified.

3. Provides that a project applicant, consistent with existing law regarding conservation banks, may receive advance mitigation credits for investing in a mitigation bank that, to the extent feasible and practicable, protects habitat connectivity for affected fish and wildlife resources.

4. Declares that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable law, as specified.

5. Defines a wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another.

6. Defines a habitat stronghold as high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

7. States that this bill shall not be construed to create new regulatory requirements or modify the requirements of the California Environmental Quality Act.

8. States legislative findings and declarations regarding existing programs, including programs involving working landscapes such as timber lands, agricultural lands, and range lands, that are already working to achieve these objectives.

9. Expands the definition of a conservation bank to include sites that, to the extent feasible and practicable, protect habitat connectivity for affected fish and wildlife resources.

ARGUMENTS IN SUPPORT

According to the author, adding a definition of wildlife corridors to state law is very consistent with the growing recognition of wildlife corridors as an essential way to protect wildlife and to help with the long-term viability of the state’s wildlife.

Other supporters note that by setting a statewide policy to promote and protect wildlife corridors, habitat strongholds, and habitat linkages, this bill will ensure that state efforts are coordinated to preserve the habitat most valuable to climate adaptation. They note that climate change is a huge threat to wildlife and biodiversity in California. Models from the National Audubon Society's science team show that 314 bird species alone are in danger of losing up to 50% of their habitat due to change climate and habitat loss. As the state works to reduce greenhouse gas emissions that can alleviate the acceleration of climate change, it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species, in addition to birds, migrate between large habitat blocks within California on a seasonal basis. Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced. Projects that infringe on wildlife corridors, such as the construction of major roadways or other infrastructure, may also contribute to the direct mortality of wildlife if undertaken without appropriate mitigation. Supporters indicate this bill would help facilitate protection and enhancement of wildlife corridors by ensuring greater communication and outreach between DFW, which has the expertise and statutory authority to identify wildlife corridors, and project proponents on potential adverse impacts to wildlife species. Such a proactive approach would not only provide greater wildlife conservation benefits, but also reduce the possibility of project delays.

ARGUMENTS IN OPPOSITION

Opponents object to the definition of wildlife corridors which they view as overly broad, question the need for a state policy on protecting wildlife corridors since mitigation of project impacts on listed species is already routinely required through the CEQA process, and are concerned this bill could lead to additional regulation and litigation over what constitutes a wildlife corridor.

COMMENTS

1) The April 8^th author's amendments to this bill state legislative intent that this bill not be interpreted to impose new regulatory requirements.

SUPPORT

Audubon California, Sponsor

California League of Conservation Voters

California Waterfowl Association

Conserving Land for People

Defenders of Wildlife

Environment California

Friends of Harbors, Beaches and Parks

Hills for Everyone

Land Trust of Santa Cruz County

Pacific Forest Trust

Peninsula Open Space Trust

Santa Clara Valley Open Space Authority

Sierra Club California

The Trust for Public Lands

West Marin Environmental Action Committee

OPPOSITION

None

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 498

Author:(Levine)

As Amended Ver:May 22, 2015

Majority vote

SUMMARY: Declares the policy of the state to promote the protection of wildlife corridors. Specifically, this bill:

1. States legislative findings and declarations regarding the importance of wildlife corridors to assist with climate change adaptation, protect ecosystem health and biodiversity, and improve the resiliency of wildlife and their habitats to climate change. Further finds and declares that preserving and connecting high-quality habitat for wildlife can create habitat strongholds that support wildlife in being more resilient to increasing pressures from climate change and development.

2. Declares it is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for migration and movement of species between habitat lands. Further states that in order to further these goals 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, as specified.

3. Provides that a project applicant, consistent with existing law regarding conservation banks, may receive advance mitigation credits for investing in a mitigation bank that, to the extent feasible and practicable, protects habitat connectivity for affected fish and wildlife resources.

4. Declares that the fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable law, as specified.

5. Defines a wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another.

6. Defines a habitat stronghold as high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

7. States that this bill shall not be construed to create new regulatory requirements or modify the requirements of the California Environmental Quality Act.

8. States legislative findings and declarations regarding existing programs, including programs involving working landscapes such as timber lands, agricultural lands, and range lands, that are already working to achieve these objectives.

9. Expands the definition of a conservation bank to include sites that, to the extent feasible and practicable, protect habitat connectivity for affected fish and wildlife resources.

EXISTING LAW:

1. States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity.

2. Required the Department of Fish and Wildlife (DFW) to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3. States legislative intent that the Wildlife Conservation Board (WCB) use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

FISCAL EFFECT: According to the Assembly Appropriations Committee, no direct state costs.

COMMENTS: This bill articulates a statewide policy to protect wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, and to encourage voluntary steps to protect the functioning of wildlife corridors. This bill also defines wildlife corridors and habitat strongholds for these purposes, and expands the definition of a conservation bank to include sites that, to the extent feasible and practicable, protect habitat connectivity for affected fish and wildlife resources.

As a result of legislation enacted in 2008, DFW and the Department of Transportation jointly commissioned the California Essential Habitat Connectivity project, which included a statewide assessment of natural habitat blocks that support native biodiversity and areas essential for ecological connectivity between them. The report states that a functional network of connected wild lands is essential to the continued support of California's diverse natural communities in the face of human development and climate change. The report is intended to make transportation and land use planning more efficient and less costly, while helping to reduce dangerous wildlife-vehicle collisions. The importance of wildlife corridors and habitat connectivity linkages has also been recognized by groups such as the Western Governors' Association, which unanimously approved a policy to protect wildlife migration corridors in 2007.

There is currently no definition of wildlife corridors in statute, and no clearly articulated statewide policy to protect wildlife corridors.

Prior related legislation includes AB 2785 (Ruskin), Chapter 333, Statutes of 2008, which directed DFW to investigate, study, and identify those areas in the state most essential as wildlife corridors and habitat linkages, and to prioritize vegetative data mapping of those areas. AB 2785 also called on the WCB to work with the DFW to fund a statewide analysis of wildlife corridors to support conservation planning and climate change adaptation activities.

Supporters of this bill note that by setting a statewide policy to promote and protect wildlife corridors and habitat strongholds this bill will ensure that state efforts are coordinated to preserve the habitat most valuable to climate change adaptation. They note that climate change is a significant threat to wildlife and biodiversity in California. As the state works to reduce greenhouse gas emissions and stop the acceleration of climate change, supporters assert it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species migrate between large habitat blocks within California on a seasonal basis. Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced.

There is no opposition to the current version of this bill.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0000499

ASSEMBLY THIRD READING

ATR Bill Id:AB 498

Author:(Levine)

As Amended Ver:April 28, 2015

Majority vote

SUMMARY: Declares the policy of the state to promote the protection of wildlife corridors. Specifically, this bill:

1. States legislative findings and declarations regarding the importance of wildlife corridors to assist with climate change adaptation, protect ecosystem health and biodiversity, and improve the resiliency of wildlife and their habitats to climate change. Further finds and declares that preserving, restoring, and connecting high-quality habitat for wildlife can create habitat strongholds that support wildlife in being more resilient to increasing pressures from climate change and development.

2. Declares it is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for migration and movement of species between habitat lands. Further states that it is the policy of the state with regard to projects proposed in an area identified as a wildlife corridor, to encourage the project proponent to consult with the Department of Fish and Wildlife (DFW) and, wherever feasible and practicable, take voluntary steps to promote, protect or restore the functioning of the wildlife corridor through various means, as specified.

3. Defines a wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another.

4. Defines a habitat stronghold as high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

5. States legislative intent that state agencies and other conservation planners be encouraged to access publicly available database tools developed by DFW and other conservation partners to support and assist conservation planning and facilitate identification, mapping, and prioritization of wildlife corridors and other habitat connectivity linkages, as specified.

6. States that this bill shall not be construed to create new regulatory requirements or modify the requirements of the California Environmental Quality Act.

7. States legislative findings and declarations regarding existing programs, including programs involving working landscapes such as timber lands, agricultural lands, and range lands, that are already working to achieve these objectives.

8. Expands the definition of a conservation bank to include sites that, to the extent practicable, maximize habitat connectivity for affected fish and wildlife resources.

EXISTING LAW:

1. States legislative findings and declarations regarding the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity.

2. Required the DFW to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. Requires the DFW to prioritize vegetative mapping in these areas.

3. States legislative intent that the Wildlife Conservation Board use funds to work with the DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

FISCAL EFFECT: According to the Assembly Appropriations Committee, no direct state costs.

COMMENTS: This bill articulates a statewide policy to protect wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change. It also encourages proponents of projects proposed in areas identified as wildlife corridors to consult with DFW and, where feasible and practicable, take voluntary steps to protect or restore the functioning of the wildlife corridor. This bill also defines wildlife corridors and habitat strongholds for these purposes, and expands the definition of a conservation bank to include sites that, to the extent practicable, maximize habitat connectivity for affected fish and wildlife resources.

As a result of legislation enacted in 2008, DFW and the Department of Transportation jointly commissioned the California Essential Habitat Connectivity project, which included a statewide assessment of natural habitat blocks that support native biodiversity, and areas essential for ecological connectivity between them. The report states that a functional network of connected wild lands is essential to the continued support of California's diverse natural communities in the face of human development and climate change. The report is intended to make transportation and land use planning more efficient and less costly, while helping to reduce dangerous wildlife-vehicle collisions. The importance of wildlife corridors and habitat connectivity linkages has also been recognized by groups such as the Western Governors' Association, which unanimously approved a policy to protect wildlife migration corridors in 2007.

There is currently no definition of wildlife corridors in statute, and no clearly articulated statewide policy to protect wildlife corridors.

Prior related legislation includes AB 2785 (Ruskin), Chapter 333, Statutes of 2008, which directed DFW to investigate, study, and identify those areas in the state most essential as wildlife corridors and habitat linkages, and to prioritize vegetative data mapping of those areas. AB 2785 also called on the Wildlife Conservation Board to work with the DFW to fund a statewide analysis of wildlife corridors to support conservation planning and climate change adaptation activities.

Supporters of this bill note that by setting a statewide policy to promote and protect wildlife corridors and habitat strongholds this bill will ensure that state efforts are coordinated to preserve the habitat most valuable to climate change adaptation. They note that climate change is a significant threat to wildlife and biodiversity in California. As the state works to reduce greenhouse gas emissions and stop the acceleration of climate change, supporters assert it must also promote policies that adapt to the impacts climate change is already having on communities and ecosystems in California. Some supporters also note that many wildlife and game species migrate between large habitat blocks within California on a seasonal basis. Without sufficient corridors to link up these areas, habitat blocks may become isolated and their value to wildlife reduced. Supporters indicate this bill would help facilitate protection and enhancement of wildlife corridors by ensuring greater communication and outreach between DFW, which has the expertise and statutory authority to identify wildlife corridors, and project proponents on potential adverse impacts to wildlife species. Such a proactive approach would not only provide greater wildlife conservation benefits, but also reduce the possibility of project delays.

Opponents of this bill object to the definition of wildlife corridors which they view as overly broad, question the need for a state policy on protecting wildlife corridors since mitigation of project impacts on listed species is already routinely required through the California Environmental Quality Act process, and are concerned this bill could lead to additional regulation and litigation over what constitutes a wildlife corridor or appropriate consultation. They are also concerned this bill could lead to pressure on developers to incorporate additional protections for wildlife corridors into proposed development projects.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0000290

Date of Hearing: May 6, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 498

Author:(Levine) – As Amended Ver:April 28, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill declares it is the policy of the state to promote the voluntary protection of wildlife corridors and strongholds, and expands the authorized purposes of a conservation bank to include the maximization of habitat connectivity for fish and wildlife resources. Specifically this bill:

1. Encourages a project proponent to consult with the Department of Fish and Wildlife (DFW) on projects proposed in wildlife corridors.

2. Defines wildlife corridor as a habitat linkage that joins two or more areas of wildlife habitat, allowing for the movement of wildlife from one area to another.

3. Defines habitat stronghold as high quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

4. Specifies this bill shall not be construed to modify the requirements of the California Environmental Quality Act (CEQA).

5. Specifies legislative intent and makes various findings.

FISCAL EFFECT:

No direct state costs.

COMMENTS:

1. Rationale. According to the author, there is currently no definition of wildlife corridors in statute, and no clearly articulated statewide policy to protect wildlife corridors.

In 2009, DFW and the Department of Transportation jointly commissioned the California Essential Habitat Connectivity project, which included a statewide assessment of natural habitat blocks that support native biodiversity, and areas essential for ecological connectivity between them. The project was intended to make transportation and land use planning more efficient and less costly, while helping to reduce dangerous wildlife-vehicle collisions.

The project determined a functional network of connected wild lands is essential to the continued support of California's diverse natural communities in the face of human development and climate change.

The importance of wildlife corridors and habitat connectivity linkages has also been recognized by groups such as the Western Governors' Association, which unanimously approved a policy to protect wildlife migration corridors in 2007.

This bill articulates a statewide policy to protect wildlife corridors, habitat strongholds, and habitat linkages in order to enhance the resiliency of wildlife and their habitats to climate change.

2. Background. Existing law states the importance of connectivity between wildlife habitats for the long-term viability of the state's biodiversity. DFW is required to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change. DFW is required to prioritize vegetative mapping in these areas.

Existing law also states legislative intent that the Wildlife Conservation Board (WCB) use funds to work with DFW to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.

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