Bill Text: CA AB2330 | 2023-2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Endangered species: incidental take: wildfire preparedness activities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB2330 Detail]
Download: California-2023-AB2330-Introduced.html
Bill Title: Endangered species: incidental take: wildfire preparedness activities.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Vetoed) 2024-09-22 - Vetoed by Governor. [AB2330 Detail]
Download: California-2023-AB2330-Introduced.html
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 2330
| Introduced by Assembly Member Holden |
February 12, 2024 |
An act to amend Section 2081 of the Fish and Game Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
AB 2330, as introduced, Holden.
Endangered species: authorized take: routine fuel management activities.
The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided.
This bill would require the department to, within 90
days of receiving an application, authorize through permits or memorandum of understanding the take of endangered species, threatened species, and candidate species incidental to any routine fuel management activities conducted by local agencies on lands that are within moderate, high, or very high fire hazard severity zones and adjacent to wildland-urban interface fire areas. The bill would require the State Fire Marshal, if the department does not grant authorization within 90 days, to make a determination within 30 days on whether a local agency may conduct routine fuel management activities on those lands for the protection of life and property. The bill would require the department, in consultation with the State Fire Marshal, to develop maps identifying environmentally sensitive areas within fire hazard severity zones and adjacent to wildland-urban interface fire areas and to make those maps available to city and county fire departments for specified purposes.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 2081 of the Fish and Game Code is amended to read:2081.
The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) (1) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.
(2) (A) Through permits or memorandums of
understanding, the department shall, within 90 days of receiving an application, authorize the take of endangered species, threatened species, and candidate species incidental to any routine fuel management activities, as defined in Section 51177 of the Government Code, conducted by local agencies on lands that are within moderate, high, or very high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or by a local agency pursuant to Section 51179 of the Government Code, and adjacent to wildland-urban interface fire areas, as defined in Section 4202 of Title 25 of the California Code of Regulations.
(B) The department concedes its authority to issue a permit or memorandum of understanding if authorization is not granted within 90 days and defers to the State Fire Marshal who shall make a determination within 30
days on whether a local agency may conduct routine fuel management activities on those lands for the protection of life and property.
(C) The department, in consultation with the State Fire Marshal, shall develop maps identifying environmentally sensitive areas within fire hazard severity zones and adjacent to wildland-urban interface fire areas. Those maps shall be made available to city and county fire departments for purposes of identifying areas where routine fuel management activities should be conducted for emergency preparedness purposes.
(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species if all of the following conditions are met:
(1) The take is incidental to an otherwise lawful activity.
(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicant’s objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.
(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.
(B) For purposes of this section, transportation funding identified in the State
Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.
(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species’ capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.
(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).
(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.
