Bill Text: CA AB1581 | 2023-2024 | Regular Session | Amended
Bill Title: The Restoration Management Permit Act.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-06-27 - Read second time and amended. Re-referred to Com. on APPR. [AB1581 Detail]
Download: California-2023-AB1581-Amended.html
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Amended
IN
Senate
June 27, 2024 |
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Amended
IN
Senate
June 06, 2024 |
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Amended
IN
Assembly
April 07, 2023 |
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Amended
IN
Assembly
March 16, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 1581
| Introduced by Assembly Members Kalra and Mathis |
February 17, 2023 |
An act to add and repeal Chapter 6.7 (commencing with Section 1670) to of Division 2 of the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 1581, as amended, Kalra.
The Restoration Management Permit Act.
Existing law, commonly known as the Lake and Streambed Alteration Program, prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, unless certain requirements are met, as provided. Existing law also prohibits the take or possession of certain species, including, among others, a fully protected fish.
This bill, the Restoration Management Permit Act, would authorize the department to (1) issue a restoration management permit to authorize the take, possession, import, or export of any species or subspecies of fish, wildlife, or plants in association with a management or propagation project that, among other things, has the
primary purpose of restoring native fish, wildlife, plants, or their habitat and (2) authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to the Lake and Streambed Alteration Program, as provided. The bill would exempt these management or restoration projects from various legal requirements, including, among others, the above-described prohibitions regarding the take or possession of fully protected fish, as specified. The bill would authorize the department to develop permit applications for restoration management permits and would require permit applications to contain specified information.
This bill would establish the Restoration Management Permit Program Fund in the State Treasury. The bill would authorize the department to establish a schedule of fees to be charged for all or a portion of the department’s costs relating to the administration of restoration management permits, as provided. The bill would authorize
the department to adopt guidelines, criteria, and permit applications to aid in the implementation of the bill. The bill would require the department to post on its internet website a list and description of every qualifying restoration project permitted by the department and would require the department to, on or before January 1, 2034, submit a report to the Legislature that evaluates the impacts and outcomes of the act on the pace and scale of restoration projects. The bill would repeal its provisions on January 1, 2035. The bill would also make related findings and declarations.
Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor, unless otherwise specified. To the extent that this bill’s provisions create new crime, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
(a) The Legislature finds and declares all of the following:(1) As set forth in Section 71450 of the Public Resources Code, it is the goal of the state to conserve at least 30 percent of California’s lands and coastal waters by 2030, which is defined as the 30x30 goal.
(2) In the Pathways to 30x30 Report issued by the Natural Resources Agency on April 22, 2022, which is referenced in Sections 71450 and 71451 of the Public Resources Code, a “30x30 Conservation Area” is defined as “Land
“land and coastal water areas that are durably protected and managed to sustain functional ecosystems, both intact and restored, and the diversity of life that they support.”
(3) Consistent with the 30x30 goal and Pathway 6 in the Pathways to 30x30 Report, increasing the pace and scale of habitat restoration and related nature-based solutions are essential components of responding to and mitigating the impacts of climate change, species decline, and loss of biodiversity.
(4) The state can generate additional ecological, economic, and social benefits by offering efficient permitting processes to accelerate implementation of climate resilient, nature-based environmentally beneficial projects that contribute to recovery of the state’s
biodiversity.
(5) Aligning the department’s Department of Fish and Wildlife’s permit requirements for restoration projects with existing efficient permitting mechanisms developed by local, state, and federal agencies can accelerate restoration projects and save government grant funds and staff resources.
(6) Currently, a restoration project may need up to five separate permits from the department.
(7) Requiring multiple, separate permits from the department for a restoration project can increase costs for restoration project proponents, increase permitting workload for the department,
the department’s permitting workload, and delay beneficial restoration and recovery outcomes.
(b) It is the intent of the Legislature to create a unified, efficient department permitting mechanism for restoration, enhancement, and species recovery projects that simplifies the permitting process for these projects while maintaining existing species and habitat protection requirements.
SEC. 2.
Chapter 6.7 (commencing with Section 1670) is added to Division 2 of the Fish and Game Code, to read:CHAPTER 6.7. Restoration Management Permit Act
1670.
This chapter shall be known as, and may be cited as, the Restoration Management Permit Act.1671.
As used in this chapter:(a) “Management” means an activity, such as restoration of native fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a native fish, wildlife, or plant species.
(b) “Propagation” means activities that help sustain or increase native fish,
wildlife, or plant populations for scientific, conservation, management, or educational purposes.
(c) (1) “Qualifying restoration project” means a management or propagation project that has the primary purpose of restoring native fish, wildlife, plants, or their habitat and that would result in an increase in the quality
or quantity of fish, wildlife, plants and/or their habitat as determined by the department. A qualifying restoration project may also have multiple benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge. a long-term net benefit to any one or more of the following, as determined by the department:
(A) Native fish.
(B) Native wildlife.
(C) Native plants.
(D) The habitat of native fish, native wildlife, or native plants.
(2) A qualifying restoration project may also have secondary or incidental benefits, including, but not limited to, flood risk reduction, recreation, or groundwater recharge.
1672.
(a) The department may issue a restoration management permit to authorize take, possession, import, or export of any species or subspecies of fish, wildlife, or plant in association with a qualifying restoration project and to authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to Section 1602, all pursuant to terms and conditions determined by the department.(b) The department may authorize the take, possession, import, or export of any endangered species, threatened species, or candidate species designated pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3 for management or propagation purposes,
including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.
(c) The department may authorize the take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish designated pursuant to Section 3511, 4700, 5050, or 5515 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project. The take, possession, import, or export of any fully protected bird, mammal, reptile, amphibian, or fish that is authorized through a restoration management permit for a qualifying restoration project shall not be subject to Section 3511, 4700, 5050, or 5515.
(d) The department may authorize the take, possession, import, or export of any plant species designated as rare pursuant to Chapter 10 (commencing with Section 1900) of Division 2 for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a qualifying restoration project.
(e) The department may authorize the take, possession, import, or export of any fish, amphibian, reptile, mammal, bird, or the nests or eggs thereof, or any other form of plant or animal life not subject to subdivisions (b) through (d) for management or propagation purposes, including scientific or educational purposes related to management or propagation, through a restoration management permit for a
qualifying restoration project.
(f) If a qualifying restoration project includes the substantial diversion or obstruction of the natural flow of, or substantial change or use of any material from the bed, channel, or bank of, any river, stream, or lake and the department determines such activity may substantially adversely affect an existing fish or wildlife resource, the department may authorize such activities through a restoration management permit. The department shall include reasonable measures necessary to protect that resource in the restoration management permit for the qualifying restoration project.
1673.
(a) The department may develop a permit application for restoration management permits. When applying for a restoration management permit, an applicant may propose protective measures contained within existing local, state, or federal agency authorizations for the applicant’s project or related documents to assist the department with developing restoration management permits that maximize consistency with other agency authorizations to the extent practicable.(b) An application for a restoration management permit shall include all of the following:
(1) The full name, mailing address, email address, and
telephone number of the applicant. If the applicant is a corporation, firm,
partnership, association, institution, or public or private agency, the name and address of the applicant, in addition to the name and address of the person responsible for the project.
(2) The project name and location, including latitude and longitude centroid in decimal degrees.
(3) A detailed description of the project activities.
(4) A detailed description of the area where the project will be carried out, including the project size, habitat types, and biological setting.
(5) A description of the department authorization or authorizations described in Section 1672 that the applicant is seeking for the project.
(6) A detailed description of how the project satisfies the definition of qualifying restoration project set forth in subdivision (c) of Section 1671.
(7) Any other information the department determines to be necessary in the guidelines described in Section 1675.
1674.
(a) The Restoration Management Permit Program Fund is hereby established in the State Treasury.(b) The department may establish a schedule of fees to be charged for all or a portion of the department’s costs relating to the administration of restoration management permits, not to exceed the department’s reasonable costs.
(c) Fees received pursuant to this section shall be deposited in the Restoration Management Permit Program Fund.
1675.
(b) The department shall require appropriate species protection and management measures in each restoration management permit issued by the department.
1676.
(a) The department shall post on its internet website a list and description of every qualifying restoration project permitted by the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.(b) On or before January 1, 2034, the department shall submit a report to the Legislature that evaluates the impacts and outcomes of this chapter on the pace and scale of restoration projects. The report shall be submitted in compliance with Section 9795 of the Government Code and shall include all of the following:
(1) A list and description of every qualifying restoration project permitted by
the department pursuant to this chapter. The description shall note the county or counties and the watershed or watersheds in which each project is located.
(2) The number of days to process each permit, including a discussion of the reasons for any permitting delays.
(3) Identification of any qualifying restoration projects permitted by the department that also qualified for an exemption from the California Environmental Quality Act pursuant to Section 21080.56 of the Public Resources Code.
(4) An analysis of the impacts and outcomes of this chapter, including whether the implementation of this chapter helped to reduce permit processing times for restoration projects.
(5) Recommendations to improve the
program.
