Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 24, 2024
Amended  IN  Assembly  April 01, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2330

Introduced by Assembly Member Holden
(Coauthor: Assembly Member Addis)

February 12, 2024

An act to add Article 3.6 (commencing with Section 2089.01) to Chapter 1.5 of Division 3 of the Fish and Game Code, relating to fish and wildlife.


LEGISLATIVE COUNSEL'S DIGEST


AB 2330, as amended, Holden. Endangered species: incidental take: wildfire preparedness 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 (department) 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 authorize a city, county, city and county, special district, or other local agency to submit to the department a locally designed plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and meets specified criteria. The bill would require the department to notify the local agency within 90 days of receipt of the plan if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, a description of the candidate, endangered, and threatened species within the plan area and reasonable measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, commencing January 1, 2026, to annually post a summary of the plan submissions that includes specified information, including the number of incidental take permits issued, on its internet website, as specified.

The bill would require the department, by January 1, 2026, in consultation with the Office of the State Fire Marshal, and using existing data and information collected by the department and the office, to develop maps identifying critical habitats within fire hazard severity zones, as provided. The bill would require the maps to be updated at least once every 5 years, and would require the maps to be made available to a city, county, city and county, special district, or other local agency for wildfire planning and preparedness purposes in order to protect life and property.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Article 3.6 (commencing with Section 2089.01) is added to Chapter 1.5 of Division 3 of the Fish and Game Code, to read:
Article  3.6. Incidental Take Associated with Wildfire Preparedness Activities

2089.01.
 (a) A city, county, city and county, special district, or other local agency may submit to the department a locally designed plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, pursuant to subdivision (a) of Section 51179 of the Government Code or Section 4203 of the Public Resources Code, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species, and does all of the following:
(1) Protects communities from the threat of wildfire through vegetation management practices that, to the maximum extent practicable, avoid and minimize the take of candidate, endangered, and threatened species, while encouraging the enhancement of habitat.
(2) Is supported by the best available scientific information for both wildfire preparedness and conservation practices.
(3) Is designed to provide sufficient flexibility to maximize participation and to gain the maximum protection of life and property from the threat of wildfire without compromising wildlife benefits.
(b) A plan submitted pursuant to subdivision (a) shall include all of the following:
(1) The name and contact information of the participating local agency.
(2) A brief description of the planned wildfire preparedness activities, including a description of the lands within the fire hazard severity zone.
(3) The approximate dates for which wildfire preparedness activities are proposed to occur.
(4) A description of how the local agency is compliant with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), and any planned environmental mitigation or conservation measures the local agency plans to take.
(c) (1) Within 90 days of receipt of the plan, the department shall notify the local agency if an incidental take permit or other permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program.
(2) The department shall provide the local agency with the following, as applicable, in its notification:
(A) A description of candidate, endangered, and threatened species within the plan area.
(B) Reasonable measures to avoid, minimize, and fully mitigate the take of candidate, endangered, and threatened species during practices conducted under the plan.
(3) The department shall consult with the State Board of Forestry and Fire Protection if technical assistance is needed.
(4) Nothing in this section precludes the department and a local agency from mutually agreeing to an extension of a timeline.
(d) The department shall make publicly available on its internet website a standard form for a local agency to use when submitting a plan pursuant to subdivision (a).
(e) (1) If the department determines any activities in a plan submitted pursuant to subdivision (a) require an incidental take permit, the department shall approve or deny the incidental take permit consistent with Section 2081 within 45 days of receiving a complete incidental take permit application.
(2) An incidental take permit approved pursuant to this subdivision shall be for a term of no less than five years and shall be eligible for a permit renewal authorization by the department.
(f) Commencing January 1, 2026, the department shall annually post a summary of plans submitted pursuant to subdivision (a) on its internet website, including, but not limited to, the status of the plans, information regarding which regions of the state the plans were received from, the dates when the plans were submitted, the number of incidental take permits issued, and a summary of the other considerations, exemptions, or streamlined pathways local agencies were advised can be used to advance wildfire preparation activities.

2089.02.

(a)(1)The department, by January 1, 2026, in consultation with the Office of the State Fire Marshal, and using existing data and information collected by the department and the office, including, but not limited to, the State Board of Forestry and Fire Protection’s California Vegetation Treatment Program, shall develop maps identifying critical habitats within lands designated as fire hazard severity zones, pursuant to subdivision (a) of Section 51179 of the Government Code or Section 4203 of the Public Resources Code.

(2)The department shall update the maps at least once every five years.

(b)The maps shall be made available to a city, county, city and county, special district, or other local agency for wildfire planning and preparedness purposes in order to protect life and property.