Bill Text: CA AB1581 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Conservation: Restoration Management Permit Act and California State Safe Harbor Agreement Program Act.

Spectrum: Bipartisan Bill

Status: (Enrolled) 2024-08-30 - Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.). [AB1581 Detail]

Download: California-2023-AB1581-Amended.html

---

Amended  IN  Senate  June 06, 2024

Amended  IN  Assembly  April 07, 2023

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 amend Section 1602 of add Chapter 6.7 (commencing with Section 1670) to Division 2 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL'S DIGEST

AB 1581, as amended, Kalra. Diversion or obstruction of rivers, streams, or lakes: lake or streambed alteration agreement. 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 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.

Existing law 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 the Department of Fish and Wildlife receives written notification regarding the activity, the department determines the notification is complete, the entity pays the applicable fees, and the department or a panel of arbitrators issues a lake or streambed alteration agreement or the department informs the entity that it may commence the activity without an agreement, except as provided. Under existing law, it is unlawful for any entity to violate the above-mentioned provision, and an entity that violates that provision is also subject to a civil penalty of not more than $25,000 for each violation.

This bill would exempt certain individuals, public agencies, universities, zoological gardens, and scientific or educational institutions authorized to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes from the requirement to obtain an agreement with the department, as specified. The bill would instead require these entities to submit to the department a written notification, fee, and, if applicable, a copy of proposed environmental protection measures authorized by other agencies’ programmatic habitat restoration permits, as specified. The bill would require the department to notify the entity in writing whether the exemption applies within 60 days from the date that the notification is complete and the fee has been paid. Because a violation of this provision would be a 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: YES  

---

Bill 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 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 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, 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 fish, wildlife, plants, or their habitat and propagation, that will benefit, aid the conservation of, and assist in the recovery of a fish, wildlife, or plant species.

(b) “Propagation” means activities that help sustain or increase fish, wildlife, or plant populations for scientific, conservation, management, or educational purposes.

(c) “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.

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.

 The department may adopt guidelines, criteria, and permit applications to aid in the implementation of this chapter. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development, adoption, or amendment of guidelines, criteria, or permit applications pursuant to this section. These guidelines, criteria, and permit applications shall be posted on the department’s internet website.

SEC. 3.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SECTION 1.Section 1602 of the Fish and Game Code is amended to read:

1602.

(a)An entity shall not substantially divert or obstruct the natural flow of, or substantially change or use any material from the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of debris, waste, or other material containing crumbled, flaked, or ground pavement where it may pass into any river, stream, or lake, unless all of the following occur:

(1)The department receives written notification regarding the activity in the manner prescribed by the department. The notification shall include, but is not limited to, all of the following:

(A)A detailed description of the project’s location and a map.

(B)The name, if any, of the river, stream, or lake affected.

(C)A detailed project description, including, but not limited to, construction plans and drawings, if applicable.

(D)A copy of any document prepared pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code.

(E)A copy of any other applicable local, state, or federal permit or agreement already issued.

(F)Any other information required by the department.

(2)The department determines the notification is complete in accordance with Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, irrespective of whether the activity constitutes a development project for the purposes of that chapter.

(3)The entity pays the applicable fees, pursuant to Section 1609.

(4)One of the following occurs:

(A)(i)The department informs the entity, in writing, that the activity will not substantially adversely affect an existing fish or wildlife resource, and that the entity may commence the activity without an agreement, if the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.

(ii)Each region of the department shall log the notifications of activities where no agreement is required. The log shall list the date the notification was received by the department, a brief description of the proposed activity, and the location of the activity. Each item shall remain on the log for one year. Upon written request by any person, a regional office shall send the log to that person monthly for one year. A request made pursuant to this clause may be renewed annually.

(B)The department determines that the activity may substantially adversely affect an existing fish or wildlife resource and issues a final agreement to the entity that includes reasonable measures necessary to protect the resource, and the entity conducts the activity in accordance with the agreement.

(C)A panel of arbitrators issues a final agreement to the entity in accordance with subdivision (b) of Section 1603, and the entity conducts the activity in accordance with the agreement.

(D)The department does not issue a draft agreement to the entity within 60 days from the date notification is complete, and the entity conducts the activity as described in the notification, including any measures in the notification that are intended to protect fish and wildlife resources.

(b)(1)If an activity involves the routine maintenance and operation of water supply, drainage, flood control, or waste treatment and disposal facilities, notice to and agreement with the department shall not be required after the initial notification and agreement, unless the department determines either of the following:

(A)The work described in the agreement has substantially changed.

(B)Conditions affecting fish and wildlife resources have substantially changed, and those resources are adversely affected by the activity conducted under the agreement.

(2)This subdivision applies only if notice to, and agreement with, the department was attained prior to January 1, 1977, and the department has been provided a copy of the agreement or other proof of the existence of the agreement that satisfies the department, if requested.

(c)Notwithstanding subdivision (a), the department is not required to determine whether the notification is complete or otherwise process the notification until the department has received the applicable fees.

(d)(1)Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized by a license or renewed license for cannabis cultivation issued by the Department of Cannabis Control for the term of the license or renewed license if all of the following occur:

(A)The entity submits all of the following to the department:

(i)The written notification described in paragraph (1) of subdivision (a).

(ii)A copy of the license or renewed license for cannabis cultivation issued by the Department of Cannabis Control that includes the requirements specified in Section 26060.1 of the Business and Professions Code.

(iii)The fee specified in paragraph (3) of subdivision (a).

(B)The department determines in its sole discretion that compliance with the requirements specified in Section 26060.1 of the Business and Professions Code that are included in the license will adequately protect existing fish and wildlife resources that may be substantially adversely affected by the cultivation without the need for additional measures that the department would include in a draft streambed alteration agreement in accordance with Section 1603.

(C)The department notifies the entity in writing that the exemption applies to the cultivation authorized by the license or renewed license.

(2)The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the cultivation authorized by the license or renewed license within 60 days from the date that the notification is complete and the fee has been paid.

(3)If an entity receives an exemption pursuant to this subdivision and fails to comply with any of the requirements described in Section 26060.1 of the Business and Professions Code that are included in the license, the failure shall constitute a violation under this section, and the department shall notify the Department of Cannabis Control of any enforcement action taken.

(e)(1)Notwithstanding subdivision (a), an entity shall not be required to obtain an agreement with the department pursuant to this chapter for activities authorized pursuant to subdivision (a) of Section 2081 if the entity submits all of the following to the department:

(A)The written notification described in paragraph (1) of subdivision (a).

(B)The fee specified in paragraph (3) of subdivision (a).

(C)A copy of proposed environmental protection measures authorized by other agencies’ programmatic habitat restoration permits, including, but not limited to, all of the following that apply:

(i)The State Water Resources Control Board Order WQ 2022-0048-DWQ (August 16, 2022).

(ii)The federal Endangered Species Act Section 7(a)(2) Biological Opinion and Magnuson–Stevens Fishery Conservation and Management Act Essential Fish Habitat Response for the National Oceanic and Atmospheric Administration Restoration Center and United States Army Corps of Engineers’ Restoration Program for Northern California, Central Coastal California, South-Central and Southern California, and the Central Valley.

(iii)The United States Fish and Wildlife Service’s Programmatic Biological and Conference Opinion on the Statewide Programmatic Biological Assessment for Restoration: Multi-Agency Implementation of Aquatic, Riparian, Floodplain and Wetland Restoration Projects to Benefit Fish and Wildlife in California, FWS Reference: 2022-0005149-S7 (2022).

(2)The department shall notify the entity in writing whether the exemption in paragraph (1) applies to the activity authorized pursuant to subdivision (a) of Section 2081 within 60 days from the date that the notification is complete and the fee has been paid.

(f)It is unlawful for any entity to violate this chapter.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.