Amended IN Senate August 24, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2344Introduced by Assembly Members Friedman and Kalra(Principal coauthor: Assembly Member Mullin)(Principal coauthor: Senator Allen)(Coauthor: Assembly Member Gipson)(Coauthor: Senator Stern)February 16, 2022 An act to add Chapter 14 (commencing with Section 1960) to Division 2 of the Fish and Game Code, and to add Article 3.8 (commencing with Section 158) to Chapter 1 of Division 1 of of, and to repeal Section 158.5 of, the Streets and Highways Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGESTAB 2344, as amended, Friedman. Wildlife connectivity: transportation projects.Under existing law, the Department of Fish and Wildlife (DFW) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law authorizes DFW to approve compensatory mitigation credits for wildlife connectivity actions taken under specified programs.Existing law vests the Department of Transportation (Caltrans) with full possession and control of the state highway system. Existing law requires Caltrans to complete assessments of potential barriers to anadromous fish prior to commencing any project using state or federal transportation funds and requires projects to be constructed without presenting barriers to fish passage.This bill would require DFW, in coordination with Caltrans, to establish a wildlife connectivity action plan on or before January 1, 2024, and to update the plan at least once every 5 years thereafter. The bill would require the plan to include, among other things, maps that identify the locations of certain areas, including connectivity areas and natural landscape areas, as defined.The bill would require Caltrans, in consultation with DFW, to establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity. The bill would require the list to be included in the wildlife connectivity action plan. The bill would require Caltrans to complete the initial list on or before January 1, 2024, and to update the list no later than January 1, 2025, and every 2 years thereafter. Before completing the initial list or an update to the list, the bill would require Caltrans to make a draft list publicly available for public comment. The bill would require Caltrans, in consultation with DFW, to prioritize the implementation of projects on the list based on specified factors, including, among others, the projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.The bill would authorize Caltrans to develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects. The bill would require Caltrans to complete assessments of potential barriers to wildlife movement before commencing any project that uses state or federal transportation funds and that is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan. The bill would require Caltrans to submit these assessments to DFW. The bill would also require projects to be constructed without presenting barriers to fish and wildlife movement.This bill would require Caltrans, in consultation with DFW and other appropriate agencies, to establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity, as specified. The bill would require Caltrans, no later than July 1, 2024, to develop and publish the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs and would require Caltrans to update the inventory project list at least once every two years.The bill would require Caltrans, for any project on the state highway system in a connectivity area that adds a traffic lane or that has the potential to significantly impair wildlife connectivity, to perform an assessment, in consultation with DFW, to identify potential wildlife connectivity barriers and any needs for improved permeability, as specified. The bill would require Caltrans to submit the assessment to DFW and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area, would require the implementing agency to remediate barriers to wildlife connectivity in conjunction with the project. The bill would authorize Caltrans to use compensatory mitigation credits to satisfy these remediation requirements if DFW concurs with the use of those credits.The bill would establish the Transportation Wildlife Connectivity Remediation Program, to be administered by Caltrans, in consultation with DFW, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas. As part of the program, the bill would require Caltrans, upon appropriation by the Legislature, to develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, as specified. The bill would require Caltrans, in concurrence with DFW, to develop guidelines for the implementation of the program following one or more public workshops and an opportunity for the public to provide written comments. The bill would authorize Caltrans to receive compensatory mitigation credits for the implementation of a project in the program if DFW concurs with the creation of those credits.The bill would require the department to update appropriate design guidance, including the Highway Design Manual, by July 1, 2025, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.The bill would require Caltrans to submit a report to specified committees of the Legislature by July 1, 2028, that includes recommendations for the provisions of the bill and describes the status of its progress in accomplishing the requirements of the bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. (a) The Legislature finds and declares all of the following:(1) Roads, highways, and other transportation infrastructure can adversely impact wildlife, as defined broadly in the Fish and Game Code and including endangered species, both by causing both direct mortality from vehicle collisions as well as and genetic isolation by reducing or eliminating due to the reduction or elimination of habitat connectivity by impairing wildlife movement. connectivity.(2) Climate change is a significant threat to Californias biodiversity. Because climate change is expected to significantly alter the habitat, ranges, and movement patterns of numerous species, ensuring that wildlife can safely move among protected habitat areas is essential if California is to maintain its native species and biodiversity in the face of rapid climate change.(3) According to the UC Davis Road Ecology Center, every year in California, thousands of large and midsized animals wildlife are reported killed by vehicles in the state, including mule deer, black bears, coyotes, and mountain lions. Most roadkill is unreported, with tens of thousands of additional large and midsized animals wildlife and hundreds of thousands, and potentially millions, of small animals wildlife likely to be killed on California roads each year.(4) In California, adverse impacts from roads are ranked a high or very high risk to all native turtle and tortoise species, 72 percent of snake species, 50 percent of frog and toad species, 18 percent of lizard species, and 17 percent of salamander species.(5) Threatened and endangered species and populations such as the San Joaquin kit fox, California tiger salamander, arroyo toad, mountain lions, and numerous others are regularly killed by vehicles on California roads, further harming these already imperiled species.(6)During the period between 2016 and 2020, inclusive, over 44,000 collisions reported to or by the Department of the California Highway Patrol involved large wildlife. State Farm Insurance company has estimated that there are more than 23,000 claims annually in California from collisions with deer. Collisions between vehicles and wildlife are a major threat to public safety. On average, five people are killed and over 250 people are injured in California in vehicle collisions with wildlife each year. In 2018 alone, at least 314 people were injured and five people were killed in California in vehicle collisions with wildlife.(7)Other states, including Washington, Idaho, and Maine, are systematically collecting roadkill data for purposes of identifying wildlife-vehicle collision hotspots and making the data publicly available.(8)The University of California, Davis, estimated that reported wildlife-vehicle collisions with large mammals caused over $1,000,000,000 in economic and social costs to Californians from 2016 to 2020, inclusive. Many of these types of collisions go unreported or underrecorded, as some people may choose not to report crashes, people may not see animal carcasses on the road or in the right-of-way (especially if they are medium- or small-sized animals, including amphibians, reptiles, and birds), or wounded animals may move beyond the right-of-way before they die. Therefore, the wildlife death tolls, injuries to people, and costs could be much greater.(9)(6) Wildlife crossing structures features can increase driver safety and are highly effective at reducing wildlife-vehicle collisions. Numerous readily available measures exist to avoid, minimize, or mitigate the impacts of roads on wildlife, including, but not limited to, the placement of exclusion and directional fencing and the construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas, and have proved successful in other states. For example, wildlife passage features reduced wildlife-vehicle collisions along U.S. Route 97 in Oregon by 85 percent, along State Highway 9 in Colorado by 90 percent, and along Interstate 15 in Utah by 98.5 percent. Properly sited and designed wildlife passage features save costs to society from fewer wildlife-vehicle collisions beyond the cost of constructing them. These safety measures can be applied to new transportation infrastructure as well as retrofitted to existing infrastructure to effectively reduce collisions.(10)Voluntary measures and policies to protect wildlife and habitat connectivity have been inadequate to minimize or mitigate the impacts of highways and roads on wildlife, including threatened and endangered species.(11)(7) Executive Order No. N-82-20 declared that it is the goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030 in a manner that protects and restores biodiversity, enables enduring conservation measures on a broad range of landscapes, builds climate resilience, reduces risk from extreme climate events, and contributes to the states efforts to combat climate change. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events like flooding or wildfires, and adapt to the impacts of climate change.(12)(8) The state highway system is under the full possession and control of the Department of Transportation and, as currently maintained, it imposes can impose significant barriers to wildlife habitat connectivity.(9) The Department of Fish and Wildlife is the states trustee agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the state Sections 711.7 and 1802 of the Fish and Game Code, Section 21070 of the Public Resources Code, and Section 15386 of Title 14 of the California Code of Regulations. The Department of Fish and Wildlife, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Section 1802 of the Fish and Game Code).(b) It is therefore the policy of the state to protect, restore, and enhance the functioning of fish, wildlife, and habitat connectivity in connection with the planning, construction, improvement, operation, and improvement of transportation infrastructure throughout the state and, where feasible, the operation and maintenance of transportation infrastructure throughout the state.(c) It is the intent of the Legislature that, in carrying out the policy of the state, the Department of Transportation shall, in consultation with the Department of Fish and Wildlife, consider and, to the maximum extent feasible, incorporate measures for the avoidance, minimization, and mitigation of impacts to wildlife connectivity from the construction, improvement, operation, and maintenance of transportation infrastructure throughout the state.SEC. 2.Chapter 14 (commencing with Section 1960) is added to Division 2 of the Fish and Game Code, to read:14.Wildlife Connectivity Action Plan 1960.For purposes of this chapter, the following definitions apply:(a)Connectivity area includes either or both of the following:(1)A roadkill hotspot, which includes any of the following areas:(A)An area where vehicle collisions with large animals, such as deer, exceed two per year per mile.(B)An area where vehicle collisions with smaller animals, such as salamanders, exceed 10 per year per mile.(C)An area where road or high-volume traffic conditions are likely to inhibit wildlife approach to the roadway.(2)An area identified by the department or other report, study, or plan produced by a government, academic, or organizational entity that the department determines is important for ecological connectivity between natural landscape areas.(b)Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(c)Permeability means the quality of a heterogeneous landscape to provide for passage of animals.(d)Wildlife connectivity action plan means the plan established pursuant to Section 1961.(e)Wildlife connectivity project list means the list of projects established pursuant to Section 1962.(f)Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, fish ladders, wildlife monitoring devices, roadside animal detection systems, elevated road segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on either side that ensures or has the potential to ensure use of the feature, that are designed or have the potential to be managed or restored using the best available science to improve the ability of fish or wildlife to move safely across transportation infrastructure into the future.1961.(a)The department, in coordination with the Department of Transportation, shall establish a wildlife connectivity action plan that includes all of the following:(1)Data on wildlife-vehicle collisions recorded by the Department of the California Highway Patrol, the Department of Transportation, the Road Ecology Center at the University of California, Davis, and other third-party systems, if applicable, and data collected by the department pursuant to Section 1023.(2)Maps that identify locations of all of the following:(A)Migration, daily movement, and dispersal patterns of existing populations of species that are at risk from habitat fragmentation or barriers to species movement.(B)Natural landscape areas.(C)Connectivity areas.(D)Existing wildlife crossings.(E)Potential barriers to wildlife movement, including priority barriers to wildlife movement on the state highway system identified by the department in its report entitled California Wildlife Barriers 2020 published in March 2020 and in any subsequent update to that report.(F)Areas requiring additional monitoring or research.(3)Protocols for postcompletion monitoring of wildlife connectivity projects to assess their effectiveness in establishing, maintaining, and promoting wildlife movement.(4)An assessment of existing and potential opportunities to collaborate with and enter into agreements with Native American tribes, relevant state and federal agencies, land conservancies, and local governments.(5)An assessment of existing and potential opportunities to work with private property owners to connect high-value connectivity habitat and preserve important connectivity areas through conservation easements, land use agreements, or other conservation incentive programs on specific parcels that would contribute to a measurable outcome of improved wildlife movement.(6)The wildlife connectivity project list.(7)The status of the departments progress in locating, assessing, and remediating barriers to wildlife movement and the measured effectiveness of completed crossings by assessing postcompletion monitoring information.(8)Input from relevant state agencies, local government, federal agencies, nongovernmental conservation organizations, and academic institutions.(9)Any additional information that the department and the Department of Transportation deem necessary and appropriate to carry out the intent and purposes of this chapter.(b)The department and the Department of Transportation shall consult with and actively seek the involvement of both federally recognized and nonfederally recognized Native American tribes in the development of the wildlife connectivity action plan.(c)(1)The department shall complete the initial wildlife connectivity action plan on or before January 1, 2024, and shall update the action plan at least once every five years and may amend the action plan before a full update as new research and data become available or changes in conditions affecting wildlife and wildlife-human interactions occur.(2)After the initial action plan or an update to the action plan is completed, the department and the Department of Transportation shall publish the action plan or updated action plan on their respective internet websites and the department shall submit the action plan or updated action plan to the Governor and to the Legislature in compliance with Section 9795 of the Government Code.1962.(a)The Department of Transportation, in consultation with the department, shall establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity.(b)(1)The Department of Transportation shall complete the initial wildlife connectivity project list on or before January 1, 2024, and shall update the wildlife connectivity project list no later than January 1, 2025, and every two years thereafter.(2)Before completing the initial wildlife connectivity project list or an update to the list, the Department of Transportation shall make a draft list publicly available and provide an opportunity for public comment on the draft list.(3)After the initial wildlife connectivity project list or an update to the list is completed, the Department of Transportation and the department shall make the list or updated list publicly available on their respective internet websites and the Department of Transportation shall submit the list or updated list to the Governor and Legislature in compliance with Section 9795 of the Government Code.(c)The Department of Transportation, in consultation with the department, shall prioritize the implementation of projects on the wildlife connectivity project list based on all of the following:(1)The projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.(2)The logistics surrounding implementation of the wildlife passage features, including, but not limited to, the ease or capability of facilitating necessary land acquisitions to provide an ecological buffer, public support, and the ability of the project to facilitate functional wildlife movement or enhance public safety into the future.(3)Whether the project would do any of the following:(A)Substantially increase climate-resilient wildlife connectivity for fish and wildlife.(B)Substantially decrease the likelihood of collisions between wildlife and motorists.(C)Contribute to the survival or recovery of any species or population of a species, including, but not limited to, species at risk from roads and habitat fragmentation, species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).(4)Any other relevant considerations.SEC. 3.Article 3.8 (commencing with Section 158) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read:3.8.Barriers to Fish and Wildlife Movement158.In order to facilitate meeting the requirements set forth in Section 158.1, the department may develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects.158.1.For any project using state or federal transportation funds programmed after January 1, 2024, the department shall ensure that, if the project is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan pursuant to Section 1961 of the Fish and Game Code, an assessment of potential barriers to wildlife movement is done before commencing project planning and again during project design. The department shall submit the assessment to the Department of Fish and Wildlife. If any structural barrier to wildlife movement exists, remediation of the problem shall be designed into the project by the implementing agency. New projects or improvements to existing infrastructure or projects shall be constructed so that they do not present a barrier to fish and wildlife movement. When addressing barriers to wildlife movement, plans and projects shall be developed in consultation with the Department of Fish and Wildlife.SEC. 2. Article 3.8 (commencing with Section 158) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 3.8. Barriers to Wildlife Movement158. For purposes of this article, the following definitions apply:(a) Connectivity area includes any of the following:(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.(D) Known areas of high wildlife mortality due to transportation infrastructure.(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.(G) Areas where habitat of adjacent lands is currently in good condition.(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.(b) Fish means fish as defined in Section 45 of the Fish and Game Code.(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.(C) Public support for associated transportation projects.(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.(3) Whether the implementation of wildlife passage features would do any of the following:(A) Substantially increase climate-resilient wildlife connectivity.(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(iii) Species at risk from highways and habitat fragmentation.(4) Any other relevant considerations, as determined by the department.(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:(1) Emergency projects.(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.(e) A project funded by this program may include, but is not limited to, any of the following:(1) The placement of exclusion and directional fencing.(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.(b) The report shall also include information regarding both of the following:(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.(2) Significant accomplishments or obstacles to meeting the objectives of the article.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
Amended IN Senate August 24, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 06, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 2344Introduced by Assembly Members Friedman and Kalra(Principal coauthor: Assembly Member Mullin)(Principal coauthor: Senator Allen)(Coauthor: Assembly Member Gipson)(Coauthor: Senator Stern)February 16, 2022 An act to add Chapter 14 (commencing with Section 1960) to Division 2 of the Fish and Game Code, and to add Article 3.8 (commencing with Section 158) to Chapter 1 of Division 1 of of, and to repeal Section 158.5 of, the Streets and Highways Code, relating to fish and wildlife. LEGISLATIVE COUNSEL'S DIGESTAB 2344, as amended, Friedman. Wildlife connectivity: transportation projects.Under existing law, the Department of Fish and Wildlife (DFW) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law authorizes DFW to approve compensatory mitigation credits for wildlife connectivity actions taken under specified programs.Existing law vests the Department of Transportation (Caltrans) with full possession and control of the state highway system. Existing law requires Caltrans to complete assessments of potential barriers to anadromous fish prior to commencing any project using state or federal transportation funds and requires projects to be constructed without presenting barriers to fish passage.This bill would require DFW, in coordination with Caltrans, to establish a wildlife connectivity action plan on or before January 1, 2024, and to update the plan at least once every 5 years thereafter. The bill would require the plan to include, among other things, maps that identify the locations of certain areas, including connectivity areas and natural landscape areas, as defined.The bill would require Caltrans, in consultation with DFW, to establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity. The bill would require the list to be included in the wildlife connectivity action plan. The bill would require Caltrans to complete the initial list on or before January 1, 2024, and to update the list no later than January 1, 2025, and every 2 years thereafter. Before completing the initial list or an update to the list, the bill would require Caltrans to make a draft list publicly available for public comment. The bill would require Caltrans, in consultation with DFW, to prioritize the implementation of projects on the list based on specified factors, including, among others, the projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.The bill would authorize Caltrans to develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects. The bill would require Caltrans to complete assessments of potential barriers to wildlife movement before commencing any project that uses state or federal transportation funds and that is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan. The bill would require Caltrans to submit these assessments to DFW. The bill would also require projects to be constructed without presenting barriers to fish and wildlife movement.This bill would require Caltrans, in consultation with DFW and other appropriate agencies, to establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity, as specified. The bill would require Caltrans, no later than July 1, 2024, to develop and publish the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs and would require Caltrans to update the inventory project list at least once every two years.The bill would require Caltrans, for any project on the state highway system in a connectivity area that adds a traffic lane or that has the potential to significantly impair wildlife connectivity, to perform an assessment, in consultation with DFW, to identify potential wildlife connectivity barriers and any needs for improved permeability, as specified. The bill would require Caltrans to submit the assessment to DFW and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area, would require the implementing agency to remediate barriers to wildlife connectivity in conjunction with the project. The bill would authorize Caltrans to use compensatory mitigation credits to satisfy these remediation requirements if DFW concurs with the use of those credits.The bill would establish the Transportation Wildlife Connectivity Remediation Program, to be administered by Caltrans, in consultation with DFW, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas. As part of the program, the bill would require Caltrans, upon appropriation by the Legislature, to develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, as specified. The bill would require Caltrans, in concurrence with DFW, to develop guidelines for the implementation of the program following one or more public workshops and an opportunity for the public to provide written comments. The bill would authorize Caltrans to receive compensatory mitigation credits for the implementation of a project in the program if DFW concurs with the creation of those credits.The bill would require the department to update appropriate design guidance, including the Highway Design Manual, by July 1, 2025, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.The bill would require Caltrans to submit a report to specified committees of the Legislature by July 1, 2028, that includes recommendations for the provisions of the bill and describes the status of its progress in accomplishing the requirements of the bill.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate August 24, 2022 Amended IN Assembly May 19, 2022 Amended IN Assembly April 06, 2022
Amended IN Senate August 24, 2022
Amended IN Assembly May 19, 2022
Amended IN Assembly April 06, 2022
CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION
Assembly Bill
No. 2344
Introduced by Assembly Members Friedman and Kalra(Principal coauthor: Assembly Member Mullin)(Principal coauthor: Senator Allen)(Coauthor: Assembly Member Gipson)(Coauthor: Senator Stern)February 16, 2022
Introduced by Assembly Members Friedman and Kalra(Principal coauthor: Assembly Member Mullin)(Principal coauthor: Senator Allen)(Coauthor: Assembly Member Gipson)(Coauthor: Senator Stern)
February 16, 2022
An act to add Chapter 14 (commencing with Section 1960) to Division 2 of the Fish and Game Code, and to add Article 3.8 (commencing with Section 158) to Chapter 1 of Division 1 of of, and to repeal Section 158.5 of, the Streets and Highways Code, relating to fish and wildlife.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2344, as amended, Friedman. Wildlife connectivity: transportation projects.
Under existing law, the Department of Fish and Wildlife (DFW) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law authorizes DFW to approve compensatory mitigation credits for wildlife connectivity actions taken under specified programs.Existing law vests the Department of Transportation (Caltrans) with full possession and control of the state highway system. Existing law requires Caltrans to complete assessments of potential barriers to anadromous fish prior to commencing any project using state or federal transportation funds and requires projects to be constructed without presenting barriers to fish passage.This bill would require DFW, in coordination with Caltrans, to establish a wildlife connectivity action plan on or before January 1, 2024, and to update the plan at least once every 5 years thereafter. The bill would require the plan to include, among other things, maps that identify the locations of certain areas, including connectivity areas and natural landscape areas, as defined.The bill would require Caltrans, in consultation with DFW, to establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity. The bill would require the list to be included in the wildlife connectivity action plan. The bill would require Caltrans to complete the initial list on or before January 1, 2024, and to update the list no later than January 1, 2025, and every 2 years thereafter. Before completing the initial list or an update to the list, the bill would require Caltrans to make a draft list publicly available for public comment. The bill would require Caltrans, in consultation with DFW, to prioritize the implementation of projects on the list based on specified factors, including, among others, the projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.The bill would authorize Caltrans to develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects. The bill would require Caltrans to complete assessments of potential barriers to wildlife movement before commencing any project that uses state or federal transportation funds and that is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan. The bill would require Caltrans to submit these assessments to DFW. The bill would also require projects to be constructed without presenting barriers to fish and wildlife movement.This bill would require Caltrans, in consultation with DFW and other appropriate agencies, to establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity, as specified. The bill would require Caltrans, no later than July 1, 2024, to develop and publish the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs and would require Caltrans to update the inventory project list at least once every two years.The bill would require Caltrans, for any project on the state highway system in a connectivity area that adds a traffic lane or that has the potential to significantly impair wildlife connectivity, to perform an assessment, in consultation with DFW, to identify potential wildlife connectivity barriers and any needs for improved permeability, as specified. The bill would require Caltrans to submit the assessment to DFW and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area, would require the implementing agency to remediate barriers to wildlife connectivity in conjunction with the project. The bill would authorize Caltrans to use compensatory mitigation credits to satisfy these remediation requirements if DFW concurs with the use of those credits.The bill would establish the Transportation Wildlife Connectivity Remediation Program, to be administered by Caltrans, in consultation with DFW, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas. As part of the program, the bill would require Caltrans, upon appropriation by the Legislature, to develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, as specified. The bill would require Caltrans, in concurrence with DFW, to develop guidelines for the implementation of the program following one or more public workshops and an opportunity for the public to provide written comments. The bill would authorize Caltrans to receive compensatory mitigation credits for the implementation of a project in the program if DFW concurs with the creation of those credits.The bill would require the department to update appropriate design guidance, including the Highway Design Manual, by July 1, 2025, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.The bill would require Caltrans to submit a report to specified committees of the Legislature by July 1, 2028, that includes recommendations for the provisions of the bill and describes the status of its progress in accomplishing the requirements of the bill.
Under existing law, the Department of Fish and Wildlife (DFW) has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. Existing law authorizes DFW to approve compensatory mitigation credits for wildlife connectivity actions taken under specified programs.
Existing law vests the Department of Transportation (Caltrans) with full possession and control of the state highway system. Existing law requires Caltrans to complete assessments of potential barriers to anadromous fish prior to commencing any project using state or federal transportation funds and requires projects to be constructed without presenting barriers to fish passage.
This bill would require DFW, in coordination with Caltrans, to establish a wildlife connectivity action plan on or before January 1, 2024, and to update the plan at least once every 5 years thereafter. The bill would require the plan to include, among other things, maps that identify the locations of certain areas, including connectivity areas and natural landscape areas, as defined.
The bill would require Caltrans, in consultation with DFW, to establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity. The bill would require the list to be included in the wildlife connectivity action plan. The bill would require Caltrans to complete the initial list on or before January 1, 2024, and to update the list no later than January 1, 2025, and every 2 years thereafter. Before completing the initial list or an update to the list, the bill would require Caltrans to make a draft list publicly available for public comment. The bill would require Caltrans, in consultation with DFW, to prioritize the implementation of projects on the list based on specified factors, including, among others, the projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.
The bill would authorize Caltrans to develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects. The bill would require Caltrans to complete assessments of potential barriers to wildlife movement before commencing any project that uses state or federal transportation funds and that is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan. The bill would require Caltrans to submit these assessments to DFW. The bill would also require projects to be constructed without presenting barriers to fish and wildlife movement.
This bill would require Caltrans, in consultation with DFW and other appropriate agencies, to establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity, as specified. The bill would require Caltrans, no later than July 1, 2024, to develop and publish the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs and would require Caltrans to update the inventory project list at least once every two years.
The bill would require Caltrans, for any project on the state highway system in a connectivity area that adds a traffic lane or that has the potential to significantly impair wildlife connectivity, to perform an assessment, in consultation with DFW, to identify potential wildlife connectivity barriers and any needs for improved permeability, as specified. The bill would require Caltrans to submit the assessment to DFW and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area, would require the implementing agency to remediate barriers to wildlife connectivity in conjunction with the project. The bill would authorize Caltrans to use compensatory mitigation credits to satisfy these remediation requirements if DFW concurs with the use of those credits.
The bill would establish the Transportation Wildlife Connectivity Remediation Program, to be administered by Caltrans, in consultation with DFW, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas. As part of the program, the bill would require Caltrans, upon appropriation by the Legislature, to develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, as specified. The bill would require Caltrans, in concurrence with DFW, to develop guidelines for the implementation of the program following one or more public workshops and an opportunity for the public to provide written comments. The bill would authorize Caltrans to receive compensatory mitigation credits for the implementation of a project in the program if DFW concurs with the creation of those credits.
The bill would require the department to update appropriate design guidance, including the Highway Design Manual, by July 1, 2025, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.
The bill would require Caltrans to submit a report to specified committees of the Legislature by July 1, 2028, that includes recommendations for the provisions of the bill and describes the status of its progress in accomplishing the requirements of the bill.
## Digest Key
## 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) Roads, highways, and other transportation infrastructure can adversely impact wildlife, as defined broadly in the Fish and Game Code and including endangered species, both by causing both direct mortality from vehicle collisions as well as and genetic isolation by reducing or eliminating due to the reduction or elimination of habitat connectivity by impairing wildlife movement. connectivity.(2) Climate change is a significant threat to Californias biodiversity. Because climate change is expected to significantly alter the habitat, ranges, and movement patterns of numerous species, ensuring that wildlife can safely move among protected habitat areas is essential if California is to maintain its native species and biodiversity in the face of rapid climate change.(3) According to the UC Davis Road Ecology Center, every year in California, thousands of large and midsized animals wildlife are reported killed by vehicles in the state, including mule deer, black bears, coyotes, and mountain lions. Most roadkill is unreported, with tens of thousands of additional large and midsized animals wildlife and hundreds of thousands, and potentially millions, of small animals wildlife likely to be killed on California roads each year.(4) In California, adverse impacts from roads are ranked a high or very high risk to all native turtle and tortoise species, 72 percent of snake species, 50 percent of frog and toad species, 18 percent of lizard species, and 17 percent of salamander species.(5) Threatened and endangered species and populations such as the San Joaquin kit fox, California tiger salamander, arroyo toad, mountain lions, and numerous others are regularly killed by vehicles on California roads, further harming these already imperiled species.(6)During the period between 2016 and 2020, inclusive, over 44,000 collisions reported to or by the Department of the California Highway Patrol involved large wildlife. State Farm Insurance company has estimated that there are more than 23,000 claims annually in California from collisions with deer. Collisions between vehicles and wildlife are a major threat to public safety. On average, five people are killed and over 250 people are injured in California in vehicle collisions with wildlife each year. In 2018 alone, at least 314 people were injured and five people were killed in California in vehicle collisions with wildlife.(7)Other states, including Washington, Idaho, and Maine, are systematically collecting roadkill data for purposes of identifying wildlife-vehicle collision hotspots and making the data publicly available.(8)The University of California, Davis, estimated that reported wildlife-vehicle collisions with large mammals caused over $1,000,000,000 in economic and social costs to Californians from 2016 to 2020, inclusive. Many of these types of collisions go unreported or underrecorded, as some people may choose not to report crashes, people may not see animal carcasses on the road or in the right-of-way (especially if they are medium- or small-sized animals, including amphibians, reptiles, and birds), or wounded animals may move beyond the right-of-way before they die. Therefore, the wildlife death tolls, injuries to people, and costs could be much greater.(9)(6) Wildlife crossing structures features can increase driver safety and are highly effective at reducing wildlife-vehicle collisions. Numerous readily available measures exist to avoid, minimize, or mitigate the impacts of roads on wildlife, including, but not limited to, the placement of exclusion and directional fencing and the construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas, and have proved successful in other states. For example, wildlife passage features reduced wildlife-vehicle collisions along U.S. Route 97 in Oregon by 85 percent, along State Highway 9 in Colorado by 90 percent, and along Interstate 15 in Utah by 98.5 percent. Properly sited and designed wildlife passage features save costs to society from fewer wildlife-vehicle collisions beyond the cost of constructing them. These safety measures can be applied to new transportation infrastructure as well as retrofitted to existing infrastructure to effectively reduce collisions.(10)Voluntary measures and policies to protect wildlife and habitat connectivity have been inadequate to minimize or mitigate the impacts of highways and roads on wildlife, including threatened and endangered species.(11)(7) Executive Order No. N-82-20 declared that it is the goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030 in a manner that protects and restores biodiversity, enables enduring conservation measures on a broad range of landscapes, builds climate resilience, reduces risk from extreme climate events, and contributes to the states efforts to combat climate change. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events like flooding or wildfires, and adapt to the impacts of climate change.(12)(8) The state highway system is under the full possession and control of the Department of Transportation and, as currently maintained, it imposes can impose significant barriers to wildlife habitat connectivity.(9) The Department of Fish and Wildlife is the states trustee agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the state Sections 711.7 and 1802 of the Fish and Game Code, Section 21070 of the Public Resources Code, and Section 15386 of Title 14 of the California Code of Regulations. The Department of Fish and Wildlife, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Section 1802 of the Fish and Game Code).(b) It is therefore the policy of the state to protect, restore, and enhance the functioning of fish, wildlife, and habitat connectivity in connection with the planning, construction, improvement, operation, and improvement of transportation infrastructure throughout the state and, where feasible, the operation and maintenance of transportation infrastructure throughout the state.(c) It is the intent of the Legislature that, in carrying out the policy of the state, the Department of Transportation shall, in consultation with the Department of Fish and Wildlife, consider and, to the maximum extent feasible, incorporate measures for the avoidance, minimization, and mitigation of impacts to wildlife connectivity from the construction, improvement, operation, and maintenance of transportation infrastructure throughout the state.SEC. 2.Chapter 14 (commencing with Section 1960) is added to Division 2 of the Fish and Game Code, to read:14.Wildlife Connectivity Action Plan 1960.For purposes of this chapter, the following definitions apply:(a)Connectivity area includes either or both of the following:(1)A roadkill hotspot, which includes any of the following areas:(A)An area where vehicle collisions with large animals, such as deer, exceed two per year per mile.(B)An area where vehicle collisions with smaller animals, such as salamanders, exceed 10 per year per mile.(C)An area where road or high-volume traffic conditions are likely to inhibit wildlife approach to the roadway.(2)An area identified by the department or other report, study, or plan produced by a government, academic, or organizational entity that the department determines is important for ecological connectivity between natural landscape areas.(b)Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(c)Permeability means the quality of a heterogeneous landscape to provide for passage of animals.(d)Wildlife connectivity action plan means the plan established pursuant to Section 1961.(e)Wildlife connectivity project list means the list of projects established pursuant to Section 1962.(f)Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, fish ladders, wildlife monitoring devices, roadside animal detection systems, elevated road segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on either side that ensures or has the potential to ensure use of the feature, that are designed or have the potential to be managed or restored using the best available science to improve the ability of fish or wildlife to move safely across transportation infrastructure into the future.1961.(a)The department, in coordination with the Department of Transportation, shall establish a wildlife connectivity action plan that includes all of the following:(1)Data on wildlife-vehicle collisions recorded by the Department of the California Highway Patrol, the Department of Transportation, the Road Ecology Center at the University of California, Davis, and other third-party systems, if applicable, and data collected by the department pursuant to Section 1023.(2)Maps that identify locations of all of the following:(A)Migration, daily movement, and dispersal patterns of existing populations of species that are at risk from habitat fragmentation or barriers to species movement.(B)Natural landscape areas.(C)Connectivity areas.(D)Existing wildlife crossings.(E)Potential barriers to wildlife movement, including priority barriers to wildlife movement on the state highway system identified by the department in its report entitled California Wildlife Barriers 2020 published in March 2020 and in any subsequent update to that report.(F)Areas requiring additional monitoring or research.(3)Protocols for postcompletion monitoring of wildlife connectivity projects to assess their effectiveness in establishing, maintaining, and promoting wildlife movement.(4)An assessment of existing and potential opportunities to collaborate with and enter into agreements with Native American tribes, relevant state and federal agencies, land conservancies, and local governments.(5)An assessment of existing and potential opportunities to work with private property owners to connect high-value connectivity habitat and preserve important connectivity areas through conservation easements, land use agreements, or other conservation incentive programs on specific parcels that would contribute to a measurable outcome of improved wildlife movement.(6)The wildlife connectivity project list.(7)The status of the departments progress in locating, assessing, and remediating barriers to wildlife movement and the measured effectiveness of completed crossings by assessing postcompletion monitoring information.(8)Input from relevant state agencies, local government, federal agencies, nongovernmental conservation organizations, and academic institutions.(9)Any additional information that the department and the Department of Transportation deem necessary and appropriate to carry out the intent and purposes of this chapter.(b)The department and the Department of Transportation shall consult with and actively seek the involvement of both federally recognized and nonfederally recognized Native American tribes in the development of the wildlife connectivity action plan.(c)(1)The department shall complete the initial wildlife connectivity action plan on or before January 1, 2024, and shall update the action plan at least once every five years and may amend the action plan before a full update as new research and data become available or changes in conditions affecting wildlife and wildlife-human interactions occur.(2)After the initial action plan or an update to the action plan is completed, the department and the Department of Transportation shall publish the action plan or updated action plan on their respective internet websites and the department shall submit the action plan or updated action plan to the Governor and to the Legislature in compliance with Section 9795 of the Government Code.1962.(a)The Department of Transportation, in consultation with the department, shall establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity.(b)(1)The Department of Transportation shall complete the initial wildlife connectivity project list on or before January 1, 2024, and shall update the wildlife connectivity project list no later than January 1, 2025, and every two years thereafter.(2)Before completing the initial wildlife connectivity project list or an update to the list, the Department of Transportation shall make a draft list publicly available and provide an opportunity for public comment on the draft list.(3)After the initial wildlife connectivity project list or an update to the list is completed, the Department of Transportation and the department shall make the list or updated list publicly available on their respective internet websites and the Department of Transportation shall submit the list or updated list to the Governor and Legislature in compliance with Section 9795 of the Government Code.(c)The Department of Transportation, in consultation with the department, shall prioritize the implementation of projects on the wildlife connectivity project list based on all of the following:(1)The projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.(2)The logistics surrounding implementation of the wildlife passage features, including, but not limited to, the ease or capability of facilitating necessary land acquisitions to provide an ecological buffer, public support, and the ability of the project to facilitate functional wildlife movement or enhance public safety into the future.(3)Whether the project would do any of the following:(A)Substantially increase climate-resilient wildlife connectivity for fish and wildlife.(B)Substantially decrease the likelihood of collisions between wildlife and motorists.(C)Contribute to the survival or recovery of any species or population of a species, including, but not limited to, species at risk from roads and habitat fragmentation, species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).(4)Any other relevant considerations.SEC. 3.Article 3.8 (commencing with Section 158) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read:3.8.Barriers to Fish and Wildlife Movement158.In order to facilitate meeting the requirements set forth in Section 158.1, the department may develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects.158.1.For any project using state or federal transportation funds programmed after January 1, 2024, the department shall ensure that, if the project is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan pursuant to Section 1961 of the Fish and Game Code, an assessment of potential barriers to wildlife movement is done before commencing project planning and again during project design. The department shall submit the assessment to the Department of Fish and Wildlife. If any structural barrier to wildlife movement exists, remediation of the problem shall be designed into the project by the implementing agency. New projects or improvements to existing infrastructure or projects shall be constructed so that they do not present a barrier to fish and wildlife movement. When addressing barriers to wildlife movement, plans and projects shall be developed in consultation with the Department of Fish and Wildlife.SEC. 2. Article 3.8 (commencing with Section 158) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 3.8. Barriers to Wildlife Movement158. For purposes of this article, the following definitions apply:(a) Connectivity area includes any of the following:(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.(D) Known areas of high wildlife mortality due to transportation infrastructure.(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.(G) Areas where habitat of adjacent lands is currently in good condition.(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.(b) Fish means fish as defined in Section 45 of the Fish and Game Code.(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.(C) Public support for associated transportation projects.(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.(3) Whether the implementation of wildlife passage features would do any of the following:(A) Substantially increase climate-resilient wildlife connectivity.(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(iii) Species at risk from highways and habitat fragmentation.(4) Any other relevant considerations, as determined by the department.(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:(1) Emergency projects.(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.(e) A project funded by this program may include, but is not limited to, any of the following:(1) The placement of exclusion and directional fencing.(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.(b) The report shall also include information regarding both of the following:(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.(2) Significant accomplishments or obstacles to meeting the objectives of the article.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. (a) The Legislature finds and declares all of the following:(1) Roads, highways, and other transportation infrastructure can adversely impact wildlife, as defined broadly in the Fish and Game Code and including endangered species, both by causing both direct mortality from vehicle collisions as well as and genetic isolation by reducing or eliminating due to the reduction or elimination of habitat connectivity by impairing wildlife movement. connectivity.(2) Climate change is a significant threat to Californias biodiversity. Because climate change is expected to significantly alter the habitat, ranges, and movement patterns of numerous species, ensuring that wildlife can safely move among protected habitat areas is essential if California is to maintain its native species and biodiversity in the face of rapid climate change.(3) According to the UC Davis Road Ecology Center, every year in California, thousands of large and midsized animals wildlife are reported killed by vehicles in the state, including mule deer, black bears, coyotes, and mountain lions. Most roadkill is unreported, with tens of thousands of additional large and midsized animals wildlife and hundreds of thousands, and potentially millions, of small animals wildlife likely to be killed on California roads each year.(4) In California, adverse impacts from roads are ranked a high or very high risk to all native turtle and tortoise species, 72 percent of snake species, 50 percent of frog and toad species, 18 percent of lizard species, and 17 percent of salamander species.(5) Threatened and endangered species and populations such as the San Joaquin kit fox, California tiger salamander, arroyo toad, mountain lions, and numerous others are regularly killed by vehicles on California roads, further harming these already imperiled species.(6)During the period between 2016 and 2020, inclusive, over 44,000 collisions reported to or by the Department of the California Highway Patrol involved large wildlife. State Farm Insurance company has estimated that there are more than 23,000 claims annually in California from collisions with deer. Collisions between vehicles and wildlife are a major threat to public safety. On average, five people are killed and over 250 people are injured in California in vehicle collisions with wildlife each year. In 2018 alone, at least 314 people were injured and five people were killed in California in vehicle collisions with wildlife.(7)Other states, including Washington, Idaho, and Maine, are systematically collecting roadkill data for purposes of identifying wildlife-vehicle collision hotspots and making the data publicly available.(8)The University of California, Davis, estimated that reported wildlife-vehicle collisions with large mammals caused over $1,000,000,000 in economic and social costs to Californians from 2016 to 2020, inclusive. Many of these types of collisions go unreported or underrecorded, as some people may choose not to report crashes, people may not see animal carcasses on the road or in the right-of-way (especially if they are medium- or small-sized animals, including amphibians, reptiles, and birds), or wounded animals may move beyond the right-of-way before they die. Therefore, the wildlife death tolls, injuries to people, and costs could be much greater.(9)(6) Wildlife crossing structures features can increase driver safety and are highly effective at reducing wildlife-vehicle collisions. Numerous readily available measures exist to avoid, minimize, or mitigate the impacts of roads on wildlife, including, but not limited to, the placement of exclusion and directional fencing and the construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas, and have proved successful in other states. For example, wildlife passage features reduced wildlife-vehicle collisions along U.S. Route 97 in Oregon by 85 percent, along State Highway 9 in Colorado by 90 percent, and along Interstate 15 in Utah by 98.5 percent. Properly sited and designed wildlife passage features save costs to society from fewer wildlife-vehicle collisions beyond the cost of constructing them. These safety measures can be applied to new transportation infrastructure as well as retrofitted to existing infrastructure to effectively reduce collisions.(10)Voluntary measures and policies to protect wildlife and habitat connectivity have been inadequate to minimize or mitigate the impacts of highways and roads on wildlife, including threatened and endangered species.(11)(7) Executive Order No. N-82-20 declared that it is the goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030 in a manner that protects and restores biodiversity, enables enduring conservation measures on a broad range of landscapes, builds climate resilience, reduces risk from extreme climate events, and contributes to the states efforts to combat climate change. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events like flooding or wildfires, and adapt to the impacts of climate change.(12)(8) The state highway system is under the full possession and control of the Department of Transportation and, as currently maintained, it imposes can impose significant barriers to wildlife habitat connectivity.(9) The Department of Fish and Wildlife is the states trustee agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the state Sections 711.7 and 1802 of the Fish and Game Code, Section 21070 of the Public Resources Code, and Section 15386 of Title 14 of the California Code of Regulations. The Department of Fish and Wildlife, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Section 1802 of the Fish and Game Code).(b) It is therefore the policy of the state to protect, restore, and enhance the functioning of fish, wildlife, and habitat connectivity in connection with the planning, construction, improvement, operation, and improvement of transportation infrastructure throughout the state and, where feasible, the operation and maintenance of transportation infrastructure throughout the state.(c) It is the intent of the Legislature that, in carrying out the policy of the state, the Department of Transportation shall, in consultation with the Department of Fish and Wildlife, consider and, to the maximum extent feasible, incorporate measures for the avoidance, minimization, and mitigation of impacts to wildlife connectivity from the construction, improvement, operation, and maintenance of transportation infrastructure throughout the state.
SECTION 1. (a) The Legislature finds and declares all of the following:(1) Roads, highways, and other transportation infrastructure can adversely impact wildlife, as defined broadly in the Fish and Game Code and including endangered species, both by causing both direct mortality from vehicle collisions as well as and genetic isolation by reducing or eliminating due to the reduction or elimination of habitat connectivity by impairing wildlife movement. connectivity.(2) Climate change is a significant threat to Californias biodiversity. Because climate change is expected to significantly alter the habitat, ranges, and movement patterns of numerous species, ensuring that wildlife can safely move among protected habitat areas is essential if California is to maintain its native species and biodiversity in the face of rapid climate change.(3) According to the UC Davis Road Ecology Center, every year in California, thousands of large and midsized animals wildlife are reported killed by vehicles in the state, including mule deer, black bears, coyotes, and mountain lions. Most roadkill is unreported, with tens of thousands of additional large and midsized animals wildlife and hundreds of thousands, and potentially millions, of small animals wildlife likely to be killed on California roads each year.(4) In California, adverse impacts from roads are ranked a high or very high risk to all native turtle and tortoise species, 72 percent of snake species, 50 percent of frog and toad species, 18 percent of lizard species, and 17 percent of salamander species.(5) Threatened and endangered species and populations such as the San Joaquin kit fox, California tiger salamander, arroyo toad, mountain lions, and numerous others are regularly killed by vehicles on California roads, further harming these already imperiled species.(6)During the period between 2016 and 2020, inclusive, over 44,000 collisions reported to or by the Department of the California Highway Patrol involved large wildlife. State Farm Insurance company has estimated that there are more than 23,000 claims annually in California from collisions with deer. Collisions between vehicles and wildlife are a major threat to public safety. On average, five people are killed and over 250 people are injured in California in vehicle collisions with wildlife each year. In 2018 alone, at least 314 people were injured and five people were killed in California in vehicle collisions with wildlife.(7)Other states, including Washington, Idaho, and Maine, are systematically collecting roadkill data for purposes of identifying wildlife-vehicle collision hotspots and making the data publicly available.(8)The University of California, Davis, estimated that reported wildlife-vehicle collisions with large mammals caused over $1,000,000,000 in economic and social costs to Californians from 2016 to 2020, inclusive. Many of these types of collisions go unreported or underrecorded, as some people may choose not to report crashes, people may not see animal carcasses on the road or in the right-of-way (especially if they are medium- or small-sized animals, including amphibians, reptiles, and birds), or wounded animals may move beyond the right-of-way before they die. Therefore, the wildlife death tolls, injuries to people, and costs could be much greater.(9)(6) Wildlife crossing structures features can increase driver safety and are highly effective at reducing wildlife-vehicle collisions. Numerous readily available measures exist to avoid, minimize, or mitigate the impacts of roads on wildlife, including, but not limited to, the placement of exclusion and directional fencing and the construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas, and have proved successful in other states. For example, wildlife passage features reduced wildlife-vehicle collisions along U.S. Route 97 in Oregon by 85 percent, along State Highway 9 in Colorado by 90 percent, and along Interstate 15 in Utah by 98.5 percent. Properly sited and designed wildlife passage features save costs to society from fewer wildlife-vehicle collisions beyond the cost of constructing them. These safety measures can be applied to new transportation infrastructure as well as retrofitted to existing infrastructure to effectively reduce collisions.(10)Voluntary measures and policies to protect wildlife and habitat connectivity have been inadequate to minimize or mitigate the impacts of highways and roads on wildlife, including threatened and endangered species.(11)(7) Executive Order No. N-82-20 declared that it is the goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030 in a manner that protects and restores biodiversity, enables enduring conservation measures on a broad range of landscapes, builds climate resilience, reduces risk from extreme climate events, and contributes to the states efforts to combat climate change. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events like flooding or wildfires, and adapt to the impacts of climate change.(12)(8) The state highway system is under the full possession and control of the Department of Transportation and, as currently maintained, it imposes can impose significant barriers to wildlife habitat connectivity.(9) The Department of Fish and Wildlife is the states trustee agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the state Sections 711.7 and 1802 of the Fish and Game Code, Section 21070 of the Public Resources Code, and Section 15386 of Title 14 of the California Code of Regulations. The Department of Fish and Wildlife, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Section 1802 of the Fish and Game Code).(b) It is therefore the policy of the state to protect, restore, and enhance the functioning of fish, wildlife, and habitat connectivity in connection with the planning, construction, improvement, operation, and improvement of transportation infrastructure throughout the state and, where feasible, the operation and maintenance of transportation infrastructure throughout the state.(c) It is the intent of the Legislature that, in carrying out the policy of the state, the Department of Transportation shall, in consultation with the Department of Fish and Wildlife, consider and, to the maximum extent feasible, incorporate measures for the avoidance, minimization, and mitigation of impacts to wildlife connectivity from the construction, improvement, operation, and maintenance of transportation infrastructure throughout the state.
SECTION 1. (a) The Legislature finds and declares all of the following:
### SECTION 1.
(1) Roads, highways, and other transportation infrastructure can adversely impact wildlife, as defined broadly in the Fish and Game Code and including endangered species, both by causing both direct mortality from vehicle collisions as well as and genetic isolation by reducing or eliminating due to the reduction or elimination of habitat connectivity by impairing wildlife movement. connectivity.
(2) Climate change is a significant threat to Californias biodiversity. Because climate change is expected to significantly alter the habitat, ranges, and movement patterns of numerous species, ensuring that wildlife can safely move among protected habitat areas is essential if California is to maintain its native species and biodiversity in the face of rapid climate change.
(3) According to the UC Davis Road Ecology Center, every year in California, thousands of large and midsized animals wildlife are reported killed by vehicles in the state, including mule deer, black bears, coyotes, and mountain lions. Most roadkill is unreported, with tens of thousands of additional large and midsized animals wildlife and hundreds of thousands, and potentially millions, of small animals wildlife likely to be killed on California roads each year.
(4) In California, adverse impacts from roads are ranked a high or very high risk to all native turtle and tortoise species, 72 percent of snake species, 50 percent of frog and toad species, 18 percent of lizard species, and 17 percent of salamander species.
(5) Threatened and endangered species and populations such as the San Joaquin kit fox, California tiger salamander, arroyo toad, mountain lions, and numerous others are regularly killed by vehicles on California roads, further harming these already imperiled species.
(6)During the period between 2016 and 2020, inclusive, over 44,000 collisions reported to or by the Department of the California Highway Patrol involved large wildlife. State Farm Insurance company has estimated that there are more than 23,000 claims annually in California from collisions with deer. Collisions between vehicles and wildlife are a major threat to public safety. On average, five people are killed and over 250 people are injured in California in vehicle collisions with wildlife each year. In 2018 alone, at least 314 people were injured and five people were killed in California in vehicle collisions with wildlife.
(7)Other states, including Washington, Idaho, and Maine, are systematically collecting roadkill data for purposes of identifying wildlife-vehicle collision hotspots and making the data publicly available.
(8)The University of California, Davis, estimated that reported wildlife-vehicle collisions with large mammals caused over $1,000,000,000 in economic and social costs to Californians from 2016 to 2020, inclusive. Many of these types of collisions go unreported or underrecorded, as some people may choose not to report crashes, people may not see animal carcasses on the road or in the right-of-way (especially if they are medium- or small-sized animals, including amphibians, reptiles, and birds), or wounded animals may move beyond the right-of-way before they die. Therefore, the wildlife death tolls, injuries to people, and costs could be much greater.
(9)
(6) Wildlife crossing structures features can increase driver safety and are highly effective at reducing wildlife-vehicle collisions. Numerous readily available measures exist to avoid, minimize, or mitigate the impacts of roads on wildlife, including, but not limited to, the placement of exclusion and directional fencing and the construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas, and have proved successful in other states. For example, wildlife passage features reduced wildlife-vehicle collisions along U.S. Route 97 in Oregon by 85 percent, along State Highway 9 in Colorado by 90 percent, and along Interstate 15 in Utah by 98.5 percent. Properly sited and designed wildlife passage features save costs to society from fewer wildlife-vehicle collisions beyond the cost of constructing them. These safety measures can be applied to new transportation infrastructure as well as retrofitted to existing infrastructure to effectively reduce collisions.
(10)Voluntary measures and policies to protect wildlife and habitat connectivity have been inadequate to minimize or mitigate the impacts of highways and roads on wildlife, including threatened and endangered species.
(11)
(7) Executive Order No. N-82-20 declared that it is the goal of the state to conserve at least 30 percent of Californias land and coastal waters by 2030 in a manner that protects and restores biodiversity, enables enduring conservation measures on a broad range of landscapes, builds climate resilience, reduces risk from extreme climate events, and contributes to the states efforts to combat climate change. Wildlife connectivity contributes to the preservation and restoration of biodiversity by ensuring that wildlife has the opportunity to move through the landscape to forage, find mates and reproduce, seek shelter from stochastic events like flooding or wildfires, and adapt to the impacts of climate change.
(12)
(8) The state highway system is under the full possession and control of the Department of Transportation and, as currently maintained, it imposes can impose significant barriers to wildlife habitat connectivity.
(9) The Department of Fish and Wildlife is the states trustee agency for fish and wildlife resources and holds those resources in trust by statute for all the people of the state Sections 711.7 and 1802 of the Fish and Game Code, Section 21070 of the Public Resources Code, and Section 15386 of Title 14 of the California Code of Regulations. The Department of Fish and Wildlife, in its trustee capacity, has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species (Section 1802 of the Fish and Game Code).
(b) It is therefore the policy of the state to protect, restore, and enhance the functioning of fish, wildlife, and habitat connectivity in connection with the planning, construction, improvement, operation, and improvement of transportation infrastructure throughout the state and, where feasible, the operation and maintenance of transportation infrastructure throughout the state.
(c) It is the intent of the Legislature that, in carrying out the policy of the state, the Department of Transportation shall, in consultation with the Department of Fish and Wildlife, consider and, to the maximum extent feasible, incorporate measures for the avoidance, minimization, and mitigation of impacts to wildlife connectivity from the construction, improvement, operation, and maintenance of transportation infrastructure throughout the state.
For purposes of this chapter, the following definitions apply:
(a)Connectivity area includes either or both of the following:
(1)A roadkill hotspot, which includes any of the following areas:
(A)An area where vehicle collisions with large animals, such as deer, exceed two per year per mile.
(B)An area where vehicle collisions with smaller animals, such as salamanders, exceed 10 per year per mile.
(C)An area where road or high-volume traffic conditions are likely to inhibit wildlife approach to the roadway.
(2)An area identified by the department or other report, study, or plan produced by a government, academic, or organizational entity that the department determines is important for ecological connectivity between natural landscape areas.
(b)Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.
(c)Permeability means the quality of a heterogeneous landscape to provide for passage of animals.
(d)Wildlife connectivity action plan means the plan established pursuant to Section 1961.
(e)Wildlife connectivity project list means the list of projects established pursuant to Section 1962.
(f)Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, fish ladders, wildlife monitoring devices, roadside animal detection systems, elevated road segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on either side that ensures or has the potential to ensure use of the feature, that are designed or have the potential to be managed or restored using the best available science to improve the ability of fish or wildlife to move safely across transportation infrastructure into the future.
(a)The department, in coordination with the Department of Transportation, shall establish a wildlife connectivity action plan that includes all of the following:
(1)Data on wildlife-vehicle collisions recorded by the Department of the California Highway Patrol, the Department of Transportation, the Road Ecology Center at the University of California, Davis, and other third-party systems, if applicable, and data collected by the department pursuant to Section 1023.
(2)Maps that identify locations of all of the following:
(A)Migration, daily movement, and dispersal patterns of existing populations of species that are at risk from habitat fragmentation or barriers to species movement.
(B)Natural landscape areas.
(C)Connectivity areas.
(D)Existing wildlife crossings.
(E)Potential barriers to wildlife movement, including priority barriers to wildlife movement on the state highway system identified by the department in its report entitled California Wildlife Barriers 2020 published in March 2020 and in any subsequent update to that report.
(F)Areas requiring additional monitoring or research.
(3)Protocols for postcompletion monitoring of wildlife connectivity projects to assess their effectiveness in establishing, maintaining, and promoting wildlife movement.
(4)An assessment of existing and potential opportunities to collaborate with and enter into agreements with Native American tribes, relevant state and federal agencies, land conservancies, and local governments.
(5)An assessment of existing and potential opportunities to work with private property owners to connect high-value connectivity habitat and preserve important connectivity areas through conservation easements, land use agreements, or other conservation incentive programs on specific parcels that would contribute to a measurable outcome of improved wildlife movement.
(6)The wildlife connectivity project list.
(7)The status of the departments progress in locating, assessing, and remediating barriers to wildlife movement and the measured effectiveness of completed crossings by assessing postcompletion monitoring information.
(8)Input from relevant state agencies, local government, federal agencies, nongovernmental conservation organizations, and academic institutions.
(9)Any additional information that the department and the Department of Transportation deem necessary and appropriate to carry out the intent and purposes of this chapter.
(b)The department and the Department of Transportation shall consult with and actively seek the involvement of both federally recognized and nonfederally recognized Native American tribes in the development of the wildlife connectivity action plan.
(c)(1)The department shall complete the initial wildlife connectivity action plan on or before January 1, 2024, and shall update the action plan at least once every five years and may amend the action plan before a full update as new research and data become available or changes in conditions affecting wildlife and wildlife-human interactions occur.
(2)After the initial action plan or an update to the action plan is completed, the department and the Department of Transportation shall publish the action plan or updated action plan on their respective internet websites and the department shall submit the action plan or updated action plan to the Governor and to the Legislature in compliance with Section 9795 of the Government Code.
(a)The Department of Transportation, in consultation with the department, shall establish a wildlife connectivity project list of wildlife passage projects where the implementation of wildlife passage features would reduce wildlife-vehicle collisions and enhance wildlife connectivity.
(b)(1)The Department of Transportation shall complete the initial wildlife connectivity project list on or before January 1, 2024, and shall update the wildlife connectivity project list no later than January 1, 2025, and every two years thereafter.
(2)Before completing the initial wildlife connectivity project list or an update to the list, the Department of Transportation shall make a draft list publicly available and provide an opportunity for public comment on the draft list.
(3)After the initial wildlife connectivity project list or an update to the list is completed, the Department of Transportation and the department shall make the list or updated list publicly available on their respective internet websites and the Department of Transportation shall submit the list or updated list to the Governor and Legislature in compliance with Section 9795 of the Government Code.
(c)The Department of Transportation, in consultation with the department, shall prioritize the implementation of projects on the wildlife connectivity project list based on all of the following:
(1)The projects ability to enhance connectivity and permeability within a connectivity area or natural landscape area identified in the wildlife connectivity action plan.
(2)The logistics surrounding implementation of the wildlife passage features, including, but not limited to, the ease or capability of facilitating necessary land acquisitions to provide an ecological buffer, public support, and the ability of the project to facilitate functional wildlife movement or enhance public safety into the future.
(3)Whether the project would do any of the following:
(A)Substantially increase climate-resilient wildlife connectivity for fish and wildlife.
(B)Substantially decrease the likelihood of collisions between wildlife and motorists.
(C)Contribute to the survival or recovery of any species or population of a species, including, but not limited to, species at risk from roads and habitat fragmentation, species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3).
(4)Any other relevant considerations.
In order to facilitate meeting the requirements set forth in Section 158.1, the department may develop a programmatic environmental review process with appropriate state and federal regulatory agencies for remediating barriers to wildlife movement that will streamline the permitting process for wildlife crossing projects.
For any project using state or federal transportation funds programmed after January 1, 2024, the department shall ensure that, if the project is located in an area identified as a connectivity area or a natural landscape area in the wildlife connectivity action plan pursuant to Section 1961 of the Fish and Game Code, an assessment of potential barriers to wildlife movement is done before commencing project planning and again during project design. The department shall submit the assessment to the Department of Fish and Wildlife. If any structural barrier to wildlife movement exists, remediation of the problem shall be designed into the project by the implementing agency. New projects or improvements to existing infrastructure or projects shall be constructed so that they do not present a barrier to fish and wildlife movement. When addressing barriers to wildlife movement, plans and projects shall be developed in consultation with the Department of Fish and Wildlife.
SEC. 2. Article 3.8 (commencing with Section 158) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read: Article 3.8. Barriers to Wildlife Movement158. For purposes of this article, the following definitions apply:(a) Connectivity area includes any of the following:(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.(D) Known areas of high wildlife mortality due to transportation infrastructure.(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.(G) Areas where habitat of adjacent lands is currently in good condition.(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.(b) Fish means fish as defined in Section 45 of the Fish and Game Code.(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.(C) Public support for associated transportation projects.(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.(3) Whether the implementation of wildlife passage features would do any of the following:(A) Substantially increase climate-resilient wildlife connectivity.(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(iii) Species at risk from highways and habitat fragmentation.(4) Any other relevant considerations, as determined by the department.(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:(1) Emergency projects.(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.(e) A project funded by this program may include, but is not limited to, any of the following:(1) The placement of exclusion and directional fencing.(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.(b) The report shall also include information regarding both of the following:(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.(2) Significant accomplishments or obstacles to meeting the objectives of the article.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
SEC. 2. Article 3.8 (commencing with Section 158) is added to Chapter 1 of Division 1 of the Streets and Highways Code, to read:
### SEC. 2.
Article 3.8. Barriers to Wildlife Movement158. For purposes of this article, the following definitions apply:(a) Connectivity area includes any of the following:(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.(D) Known areas of high wildlife mortality due to transportation infrastructure.(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.(G) Areas where habitat of adjacent lands is currently in good condition.(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.(b) Fish means fish as defined in Section 45 of the Fish and Game Code.(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.(C) Public support for associated transportation projects.(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.(3) Whether the implementation of wildlife passage features would do any of the following:(A) Substantially increase climate-resilient wildlife connectivity.(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(iii) Species at risk from highways and habitat fragmentation.(4) Any other relevant considerations, as determined by the department.(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:(1) Emergency projects.(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.(e) A project funded by this program may include, but is not limited to, any of the following:(1) The placement of exclusion and directional fencing.(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.(b) The report shall also include information regarding both of the following:(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.(2) Significant accomplishments or obstacles to meeting the objectives of the article.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
Article 3.8. Barriers to Wildlife Movement158. For purposes of this article, the following definitions apply:(a) Connectivity area includes any of the following:(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.(D) Known areas of high wildlife mortality due to transportation infrastructure.(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.(G) Areas where habitat of adjacent lands is currently in good condition.(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.(b) Fish means fish as defined in Section 45 of the Fish and Game Code.(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.(C) Public support for associated transportation projects.(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.(3) Whether the implementation of wildlife passage features would do any of the following:(A) Substantially increase climate-resilient wildlife connectivity.(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(iii) Species at risk from highways and habitat fragmentation.(4) Any other relevant considerations, as determined by the department.(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:(1) Emergency projects.(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.(e) A project funded by this program may include, but is not limited to, any of the following:(1) The placement of exclusion and directional fencing.(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.(b) The report shall also include information regarding both of the following:(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.(2) Significant accomplishments or obstacles to meeting the objectives of the article.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
Article 3.8. Barriers to Wildlife Movement
Article 3.8. Barriers to Wildlife Movement
158. For purposes of this article, the following definitions apply:(a) Connectivity area includes any of the following:(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.(D) Known areas of high wildlife mortality due to transportation infrastructure.(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.(G) Areas where habitat of adjacent lands is currently in good condition.(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.(b) Fish means fish as defined in Section 45 of the Fish and Game Code.(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.
158. For purposes of this article, the following definitions apply:
(a) Connectivity area includes any of the following:
(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:
(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.
(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.
(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.
(D) Known areas of high wildlife mortality due to transportation infrastructure.
(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.
(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.
(G) Areas where habitat of adjacent lands is currently in good condition.
(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.
(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.
(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.
(b) Fish means fish as defined in Section 45 of the Fish and Game Code.
(c) Natural landscape area means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.
(d) Permeability means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.
(e) Wildlife means wildlife as defined in Section 89.5 of the Fish and Game Code.
(f) Wildlife passage features means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.
158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.(C) Public support for associated transportation projects.(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.(3) Whether the implementation of wildlife passage features would do any of the following:(A) Substantially increase climate-resilient wildlife connectivity.(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).(iii) Species at risk from highways and habitat fragmentation.(4) Any other relevant considerations, as determined by the department.(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.
158.1. (a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the states unique wildlife, landscapes, and natural resources.
(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:
(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.
(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:
(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.
(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.
(C) Public support for associated transportation projects.
(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.
(3) Whether the implementation of wildlife passage features would do any of the following:
(A) Substantially increase climate-resilient wildlife connectivity.
(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.
(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:
(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(iii) Species at risk from highways and habitat fragmentation.
(4) Any other relevant considerations, as determined by the department.
(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.
158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:(1) Emergency projects.(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.
158.2. (a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.
(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.
(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.
(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.
(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:
(1) Emergency projects.
(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.
(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.
158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.
158.3. On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.
158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.(e) A project funded by this program may include, but is not limited to, any of the following:(1) The placement of exclusion and directional fencing.(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.
158.4. (a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.
(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.
(c) (1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the departments planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).
(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.
(e) A project funded by this program may include, but is not limited to, any of the following:
(1) The placement of exclusion and directional fencing.
(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.
(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.
(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.
158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.(b) The report shall also include information regarding both of the following:(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.(2) Significant accomplishments or obstacles to meeting the objectives of the article.(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
158.5. (a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the departments progress in doing all of the following:
(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.
(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.
(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.
(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.
(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.
(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.
(b) The report shall also include information regarding both of the following:
(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.
(2) Significant accomplishments or obstacles to meeting the objectives of the article.
(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.