Bill Text: CA SB281 | 2009-2010 | Regular Session | Introduced

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Bill Title: Endangered species: incidental take.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB281 Detail]

Download: California-2009-SB281-Introduced.html

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BILL NUMBER: SB 281	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 24, 2009

   An act to add Section 2081.3 to the Fish and Game Code, relating
to endangered species.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 281, as introduced, Runner. Endangered species: incidental
take.
   The California Endangered Species Act prohibits the taking of an
endangered or threatened species, except as specified. The Department
of Fish and Game may authorize the take of listed species if the
take is incidental to an otherwise lawful activity and the impacts
are minimized and fully mitigated.
   This bill would require the department to require, for any
incidental take permit for a renewable energy project in the Mojave
or Colorado desert region that is permitted after January 1, 2008,
and prior to adoption of the final Desert Renewable Energy
Conservation Plan (DRECP) mandated by Executive Order S-14-08,
species impact avoidance, minimization, and mitigation in accordance
with a specified federal Bureau of Land Management plan. The bill
would repeal that requirement on the date that the director certifies
to the Secretary of State that the final DRECP has been adopted.
   The bill would find and declare that because of unique
circumstances applicable to the lands affected by the DRECP, a
general statute cannot be made applicable, and that, therefore,
enactment of a special statute is necessary.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2081.3 is added to the Fish and Game Code, to
read:
   2081.3.  (a) The department, for any incidental take permit issued
pursuant to Section 2081 for a renewable energy project in the
Mojave or Colorado desert region that is permitted after January 1,
2008, and prior to adoption of the final Desert Renewable Energy
Conservation Plan mandated by Executive Order S-14-08, shall require
species impact avoidance, minimization, and mitigation in accordance
with the federal Bureau of Land Management's 2006 Record of Decision,
West Mojave Plan, Amendment to the California Desert Conservation
Area Plan.
   (b) This section shall remain in effect only until the director
certifies to the Secretary of State that the final Desert Renewable
Energy Conservation Plan mandated by Executive Order S-14-08 has been
adopted, in which case this section shall be repealed on the date of
that certification.
  SEC. 2.  The Legislature finds and declares that because of unique
circumstances applicable to the lands affected by the Desert
Renewable Energy Conservation Plan mandated by Executive Order
S-14-08, a statute of general applicability cannot be enacted within
the meaning of subdivision (b) of Section 16 of Article IV of the
California Constitution, and the enactment of a special statute is
therefore necessary.