California 2025-2026 Regular Session

California Assembly Bill AB550 Compare Versions

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1-Amended IN Assembly April 07, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 550Introduced by Assembly Member Petrie-NorrisFebruary 11, 2025 An act to add Section 4772 to the Public Resources Code, relating to fire prevention. amend Sections 2081, 2089.2, 2089.4, and 2089.6 of the Fish and Game Code, relating to fish and wildlife.LEGISLATIVE COUNSEL'S DIGESTAB 550, as amended, Petrie-Norris. Fire prevention: grant programs: reporting. The California Endangered Species Act: the California State Safe Harbor Agreement Program Act.The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. The act allows take by permit if, among other things, the impact of the authorized take is fully minimized and mitigated. This bill would authorize the take, by permit, of declining or vulnerable species. The bill would also provide that an activity that results in a change in baseline conditions and specified renewable energy or decarbonization infrastructure projects are deemed fully mitigated.The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species. Under the act these agreements cannot reduce the existing populations of species present at the time of the baseline. The act defines baseline conditions, among other terms, and provides that for the purposes of establishing baseline conditions a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department. This bill would provide that approval by the department of the qualified person can occur before or after the habitat survey is conducted by that person. The bill would also define change in baseline conditions.Under the act, the department may authorize acts that are or may become prohibited by specified law through an agreement if specified conditions are met, including, among others, that the take is incidental to an otherwise lawful activity.This bill would provide that lawful activity includes, but is not limited to, a change in baseline conditions.Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.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. The Legislature finds and declares all of the following:(a) California has created ambitious climate and energy goals to achieve a net zero carbon economy by 2045. The California Air Resources Board 2022 Scoping Plan for Achieving Carbon Neutrality calls for the state to cut air pollution by 71 percent and to reduce fossil fuel consumption by 86 percent.(b) The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code) to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for the state to provide 100 percent of its retail sales from zero-emission sources by 2045.(c) It is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat. The conservation, protection, and enhancement of these species and their habitats is of statewide concern.(d) Certain species of fish, wildlife, and plants have been rendered endangered or threatened as a consequence of human activity, including climate change. All state agencies, boards, and commissions should seek to conserve endangered and threatened species. (e) Clean energy projects can help mitigate climate change, and advancing clean energy development in the state can in this way help protect endangered or threatened species. (f) The states ambitious climate and energy goals will require a massive buildout of new clean energy projects. The state must nearly double its clean energy capacity over the next five years alone to stay on track with its goals.(g) This should be achieved through a collaborative stewardship approach to protecting endangered or threatened species while catalyzing the development of clean energy.SEC. 2. Section 2081 of the Fish and Game Code is amended to read:2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met: (i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats. (ii) The research design is reviewed and approved by the department.(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.SEC. 3. Section 2089.2 of the Fish and Game Code is amended to read:2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.SEC. 4. Section 2089.4 of the Fish and Game Code is amended to read:2089.4. As used in this article, the following definitions apply:(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted. (c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development. (c)(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.(d)(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.(e)(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.(f)(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.(g)(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.(h)(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.(i)(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.(j)(k) Qualified person means a person with species expertise who has been approved by the department.(k)(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.SEC. 5. Section 2089.6 of the Fish and Game Code is amended to read:2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:(1) The department receives a complete application containing all of the information described in Section 2089.8.(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.SECTION 1.The Legislature finds and declares all of the following:(a)Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.(b)More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.(c)In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.(d)The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.(e)The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.(f)Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response.SEC. 2.Section 4772 is added to the Public Resources Code, immediately following Section 4771, to read:4772.(a)For purposes of this section, program means any of the following programs:(1)The forestry assistance program established pursuant to Section 4792.(2)The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3)The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4)The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5)The federal Building Resilient Infrastructure and Communities program.(6)The federal Hazard Mitigation Grant Program.(7)The federal Fire Management Assistance Grant Program.(8)The federal Community Wildfire Defense Grant program.(9)Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b)On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1)The amount of funding allocated from the program.(2)The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3)The amount of funding that has been encumbered by each recipient.(4)A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5)A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
1+CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 550Introduced by Assembly Member Petrie-NorrisFebruary 11, 2025 An act to add Section 4772 to the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTAB 550, as introduced, Petrie-Norris. Fire prevention: grant programs: reporting.Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.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. The Legislature finds and declares all of the following: (a) Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.(b) More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.(c) In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.(d) The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.(e) The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.(f) Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response. SEC. 2. Section 4772 is added to the Public Resources Code, immediately following Section 4771, to read:4772. (a) For purposes of this section, program means any of the following programs:(1) The forestry assistance program established pursuant to Section 4792.(2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5) The federal Building Resilient Infrastructure and Communities program. (6) The federal Hazard Mitigation Grant Program.(7) The federal Fire Management Assistance Grant Program.(8) The federal Community Wildfire Defense Grant program.(9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1) The amount of funding allocated from the program.(2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3) The amount of funding that has been encumbered by each recipient.(4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
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3- Amended IN Assembly April 07, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 550Introduced by Assembly Member Petrie-NorrisFebruary 11, 2025 An act to add Section 4772 to the Public Resources Code, relating to fire prevention. amend Sections 2081, 2089.2, 2089.4, and 2089.6 of the Fish and Game Code, relating to fish and wildlife.LEGISLATIVE COUNSEL'S DIGESTAB 550, as amended, Petrie-Norris. Fire prevention: grant programs: reporting. The California Endangered Species Act: the California State Safe Harbor Agreement Program Act.The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. The act allows take by permit if, among other things, the impact of the authorized take is fully minimized and mitigated. This bill would authorize the take, by permit, of declining or vulnerable species. The bill would also provide that an activity that results in a change in baseline conditions and specified renewable energy or decarbonization infrastructure projects are deemed fully mitigated.The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species. Under the act these agreements cannot reduce the existing populations of species present at the time of the baseline. The act defines baseline conditions, among other terms, and provides that for the purposes of establishing baseline conditions a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department. This bill would provide that approval by the department of the qualified person can occur before or after the habitat survey is conducted by that person. The bill would also define change in baseline conditions.Under the act, the department may authorize acts that are or may become prohibited by specified law through an agreement if specified conditions are met, including, among others, that the take is incidental to an otherwise lawful activity.This bill would provide that lawful activity includes, but is not limited to, a change in baseline conditions.Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
3+ CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 550Introduced by Assembly Member Petrie-NorrisFebruary 11, 2025 An act to add Section 4772 to the Public Resources Code, relating to fire prevention. LEGISLATIVE COUNSEL'S DIGESTAB 550, as introduced, Petrie-Norris. Fire prevention: grant programs: reporting.Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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99 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
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1313 No. 550
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1515 Introduced by Assembly Member Petrie-NorrisFebruary 11, 2025
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1717 Introduced by Assembly Member Petrie-Norris
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20- An act to add Section 4772 to the Public Resources Code, relating to fire prevention. amend Sections 2081, 2089.2, 2089.4, and 2089.6 of the Fish and Game Code, relating to fish and wildlife.
20+ An act to add Section 4772 to the Public Resources Code, relating to fire prevention.
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26-AB 550, as amended, Petrie-Norris. Fire prevention: grant programs: reporting. The California Endangered Species Act: the California State Safe Harbor Agreement Program Act.
26+AB 550, as introduced, Petrie-Norris. Fire prevention: grant programs: reporting.
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28-The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. The act allows take by permit if, among other things, the impact of the authorized take is fully minimized and mitigated. This bill would authorize the take, by permit, of declining or vulnerable species. The bill would also provide that an activity that results in a change in baseline conditions and specified renewable energy or decarbonization infrastructure projects are deemed fully mitigated.The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species. Under the act these agreements cannot reduce the existing populations of species present at the time of the baseline. The act defines baseline conditions, among other terms, and provides that for the purposes of establishing baseline conditions a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department. This bill would provide that approval by the department of the qualified person can occur before or after the habitat survey is conducted by that person. The bill would also define change in baseline conditions.Under the act, the department may authorize acts that are or may become prohibited by specified law through an agreement if specified conditions are met, including, among others, that the take is incidental to an otherwise lawful activity.This bill would provide that lawful activity includes, but is not limited to, a change in baseline conditions.Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.
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30-The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. The act allows take by permit if, among other things, the impact of the authorized take is fully minimized and mitigated.
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32-This bill would authorize the take, by permit, of declining or vulnerable species. The bill would also provide that an activity that results in a change in baseline conditions and specified renewable energy or decarbonization infrastructure projects are deemed fully mitigated.
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34-The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species. Under the act these agreements cannot reduce the existing populations of species present at the time of the baseline. The act defines baseline conditions, among other terms, and provides that for the purposes of establishing baseline conditions a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department.
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36-This bill would provide that approval by the department of the qualified person can occur before or after the habitat survey is conducted by that person. The bill would also define change in baseline conditions.
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38-Under the act, the department may authorize acts that are or may become prohibited by specified law through an agreement if specified conditions are met, including, among others, that the take is incidental to an otherwise lawful activity.
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40-This bill would provide that lawful activity includes, but is not limited to, a change in baseline conditions.
28+Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.
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4230 Existing law requires the Wildfire and Forest Resilience Task Force to develop a comprehensive implementation strategy to track and ensure the achievement of the goals and key actions identified in Californias Wildfire and Forest Resilience Action Plan issued by the task force in January 2021. Existing law requires the task force to submit, as part of the implementation strategy, a report to the appropriate policy and budget committees of the Legislature on progress made in achieving the goals and key actions identified in the states action plan, on state expenditures made to implement these key actions, and on additional resources and policy changes needed to achieve these goals and key actions, as provided.
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4632 This bill would require the task force, on or before July 1, 2026, and annually thereafter, to compile and post on its internet website specified information relating to specified state and federal grant programs relating to fire prevention, as provided.
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5337
54-The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) California has created ambitious climate and energy goals to achieve a net zero carbon economy by 2045. The California Air Resources Board 2022 Scoping Plan for Achieving Carbon Neutrality calls for the state to cut air pollution by 71 percent and to reduce fossil fuel consumption by 86 percent.(b) The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code) to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for the state to provide 100 percent of its retail sales from zero-emission sources by 2045.(c) It is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat. The conservation, protection, and enhancement of these species and their habitats is of statewide concern.(d) Certain species of fish, wildlife, and plants have been rendered endangered or threatened as a consequence of human activity, including climate change. All state agencies, boards, and commissions should seek to conserve endangered and threatened species. (e) Clean energy projects can help mitigate climate change, and advancing clean energy development in the state can in this way help protect endangered or threatened species. (f) The states ambitious climate and energy goals will require a massive buildout of new clean energy projects. The state must nearly double its clean energy capacity over the next five years alone to stay on track with its goals.(g) This should be achieved through a collaborative stewardship approach to protecting endangered or threatened species while catalyzing the development of clean energy.SEC. 2. Section 2081 of the Fish and Game Code is amended to read:2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met: (i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats. (ii) The research design is reviewed and approved by the department.(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.SEC. 3. Section 2089.2 of the Fish and Game Code is amended to read:2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.SEC. 4. Section 2089.4 of the Fish and Game Code is amended to read:2089.4. As used in this article, the following definitions apply:(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted. (c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development. (c)(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.(d)(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.(e)(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.(f)(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.(g)(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.(h)(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.(i)(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.(j)(k) Qualified person means a person with species expertise who has been approved by the department.(k)(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.SEC. 5. Section 2089.6 of the Fish and Game Code is amended to read:2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:(1) The department receives a complete application containing all of the information described in Section 2089.8.(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.SECTION 1.The Legislature finds and declares all of the following:(a)Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.(b)More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.(c)In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.(d)The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.(e)The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.(f)Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response.SEC. 2.Section 4772 is added to the Public Resources Code, immediately following Section 4771, to read:4772.(a)For purposes of this section, program means any of the following programs:(1)The forestry assistance program established pursuant to Section 4792.(2)The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3)The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4)The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5)The federal Building Resilient Infrastructure and Communities program.(6)The federal Hazard Mitigation Grant Program.(7)The federal Fire Management Assistance Grant Program.(8)The federal Community Wildfire Defense Grant program.(9)Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b)On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1)The amount of funding allocated from the program.(2)The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3)The amount of funding that has been encumbered by each recipient.(4)A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5)A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
38+The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following: (a) Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.(b) More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.(c) In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.(d) The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.(e) The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.(f) Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response. SEC. 2. Section 4772 is added to the Public Resources Code, immediately following Section 4771, to read:4772. (a) For purposes of this section, program means any of the following programs:(1) The forestry assistance program established pursuant to Section 4792.(2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5) The federal Building Resilient Infrastructure and Communities program. (6) The federal Hazard Mitigation Grant Program.(7) The federal Fire Management Assistance Grant Program.(8) The federal Community Wildfire Defense Grant program.(9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1) The amount of funding allocated from the program.(2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3) The amount of funding that has been encumbered by each recipient.(4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
5539
5640 The people of the State of California do enact as follows:
5741
5842 ## The people of the State of California do enact as follows:
5943
60-SECTION 1. The Legislature finds and declares all of the following:(a) California has created ambitious climate and energy goals to achieve a net zero carbon economy by 2045. The California Air Resources Board 2022 Scoping Plan for Achieving Carbon Neutrality calls for the state to cut air pollution by 71 percent and to reduce fossil fuel consumption by 86 percent.(b) The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code) to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for the state to provide 100 percent of its retail sales from zero-emission sources by 2045.(c) It is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat. The conservation, protection, and enhancement of these species and their habitats is of statewide concern.(d) Certain species of fish, wildlife, and plants have been rendered endangered or threatened as a consequence of human activity, including climate change. All state agencies, boards, and commissions should seek to conserve endangered and threatened species. (e) Clean energy projects can help mitigate climate change, and advancing clean energy development in the state can in this way help protect endangered or threatened species. (f) The states ambitious climate and energy goals will require a massive buildout of new clean energy projects. The state must nearly double its clean energy capacity over the next five years alone to stay on track with its goals.(g) This should be achieved through a collaborative stewardship approach to protecting endangered or threatened species while catalyzing the development of clean energy.
44+SECTION 1. The Legislature finds and declares all of the following: (a) Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.(b) More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.(c) In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.(d) The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.(e) The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.(f) Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response.
6145
62-SECTION 1. The Legislature finds and declares all of the following:(a) California has created ambitious climate and energy goals to achieve a net zero carbon economy by 2045. The California Air Resources Board 2022 Scoping Plan for Achieving Carbon Neutrality calls for the state to cut air pollution by 71 percent and to reduce fossil fuel consumption by 86 percent.(b) The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code) to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for the state to provide 100 percent of its retail sales from zero-emission sources by 2045.(c) It is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat. The conservation, protection, and enhancement of these species and their habitats is of statewide concern.(d) Certain species of fish, wildlife, and plants have been rendered endangered or threatened as a consequence of human activity, including climate change. All state agencies, boards, and commissions should seek to conserve endangered and threatened species. (e) Clean energy projects can help mitigate climate change, and advancing clean energy development in the state can in this way help protect endangered or threatened species. (f) The states ambitious climate and energy goals will require a massive buildout of new clean energy projects. The state must nearly double its clean energy capacity over the next five years alone to stay on track with its goals.(g) This should be achieved through a collaborative stewardship approach to protecting endangered or threatened species while catalyzing the development of clean energy.
46+SECTION 1. The Legislature finds and declares all of the following: (a) Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.(b) More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.(c) In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.(d) The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.(e) The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.(f) Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response.
6347
6448 SECTION 1. The Legislature finds and declares all of the following:
6549
6650 ### SECTION 1.
6751
68-(a) California has created ambitious climate and energy goals to achieve a net zero carbon economy by 2045. The California Air Resources Board 2022 Scoping Plan for Achieving Carbon Neutrality calls for the state to cut air pollution by 71 percent and to reduce fossil fuel consumption by 86 percent.
52+(a) Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.
6953
70-(b) The 100 Percent Clean Energy Act of 2018 (Chapter 312 of the Statutes of 2018) updated the California Renewables Portfolio Standard Program (Article 16 (commencing with Section 399.11) of Chapter 2.3 of Part 1 of Division 1 of the Public Utilities Code) to ensure that by 2030 at least 60 percent of Californias electricity is renewable and for the state to provide 100 percent of its retail sales from zero-emission sources by 2045.
54+(b) More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.
7155
72-(c) It is the policy of the state to conserve, protect, restore, and enhance any endangered species or any threatened species and its habitat. The conservation, protection, and enhancement of these species and their habitats is of statewide concern.
56+(c) In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.
7357
74-(d) Certain species of fish, wildlife, and plants have been rendered endangered or threatened as a consequence of human activity, including climate change. All state agencies, boards, and commissions should seek to conserve endangered and threatened species.
58+(d) The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.
7559
76-(e) Clean energy projects can help mitigate climate change, and advancing clean energy development in the state can in this way help protect endangered or threatened species.
60+(e) The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.
7761
78-(f) The states ambitious climate and energy goals will require a massive buildout of new clean energy projects. The state must nearly double its clean energy capacity over the next five years alone to stay on track with its goals.
62+(f) Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response.
7963
80-(g) This should be achieved through a collaborative stewardship approach to protecting endangered or threatened species while catalyzing the development of clean energy.
64+SEC. 2. Section 4772 is added to the Public Resources Code, immediately following Section 4771, to read:4772. (a) For purposes of this section, program means any of the following programs:(1) The forestry assistance program established pursuant to Section 4792.(2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5) The federal Building Resilient Infrastructure and Communities program. (6) The federal Hazard Mitigation Grant Program.(7) The federal Fire Management Assistance Grant Program.(8) The federal Community Wildfire Defense Grant program.(9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1) The amount of funding allocated from the program.(2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3) The amount of funding that has been encumbered by each recipient.(4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
8165
82-SEC. 2. Section 2081 of the Fish and Game Code is amended to read:2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met: (i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats. (ii) The research design is reviewed and approved by the department.(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.
83-
84-SEC. 2. Section 2081 of the Fish and Game Code is amended to read:
66+SEC. 2. Section 4772 is added to the Public Resources Code, immediately following Section 4771, to read:
8567
8668 ### SEC. 2.
8769
88-2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met: (i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats. (ii) The research design is reviewed and approved by the department.(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.
70+4772. (a) For purposes of this section, program means any of the following programs:(1) The forestry assistance program established pursuant to Section 4792.(2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5) The federal Building Resilient Infrastructure and Communities program. (6) The federal Hazard Mitigation Grant Program.(7) The federal Fire Management Assistance Grant Program.(8) The federal Community Wildfire Defense Grant program.(9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1) The amount of funding allocated from the program.(2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3) The amount of funding that has been encumbered by each recipient.(4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
8971
90-2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met: (i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats. (ii) The research design is reviewed and approved by the department.(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.
72+4772. (a) For purposes of this section, program means any of the following programs:(1) The forestry assistance program established pursuant to Section 4792.(2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5) The federal Building Resilient Infrastructure and Communities program. (6) The federal Hazard Mitigation Grant Program.(7) The federal Fire Management Assistance Grant Program.(8) The federal Community Wildfire Defense Grant program.(9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1) The amount of funding allocated from the program.(2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3) The amount of funding that has been encumbered by each recipient.(4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
9173
92-2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:(1) The take is incidental to an otherwise lawful activity.(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met: (i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats. (ii) The research design is reviewed and approved by the department.(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.
74+4772. (a) For purposes of this section, program means any of the following programs:(1) The forestry assistance program established pursuant to Section 4792.(2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.(3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.(4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.(5) The federal Building Resilient Infrastructure and Communities program. (6) The federal Hazard Mitigation Grant Program.(7) The federal Fire Management Assistance Grant Program.(8) The federal Community Wildfire Defense Grant program.(9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.(b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:(1) The amount of funding allocated from the program.(2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.(3) The amount of funding that has been encumbered by each recipient.(4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.(5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.
9375
9476
9577
96-2081. The department may authorize acts that are otherwise prohibited pursuant to Section 2080, as follows:
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98-(a) Through permits or memorandums of understanding, the department may authorize individuals, public agencies, universities, zoological gardens, and scientific or educational institutions, to import, export, take, or possess any endangered species, threatened species, or candidate species for scientific, educational, or management purposes.
99-
100-(b) The department may authorize, by permit, the take of endangered species, threatened species, and candidate species candidate species, and declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, if all of the following conditions are met:
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102-(1) The take is incidental to an otherwise lawful activity.
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104-(2) The impacts of the authorized take shall be minimized and fully mitigated. The measures required to meet this obligation shall be roughly proportional in extent to the impact of the authorized taking on the species. Where various measures are available to meet this obligation, the measures required shall maintain the applicants objectives to the greatest extent possible. All required measures shall be capable of successful implementation. For purposes of this section only, impacts of taking include all impacts on the species that result from any act that would cause the proposed taking.
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106-(A) An activity constituting a change in baseline conditions as defined in Section 2089.4 shall be considered fully mitigated for purposes of this section.
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108-(B) A renewable energy or decarbonization infrastructure project that would result in incidental take shall be considered fully mitigated for the purposes of this section if all of the following conditions are met:
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110-(i) The project is reasonably expected to advance scientific understanding of the effects on relevant endangered, threatened, candidate, or declining or vulnerable species, as defined in Section 2089.4, should they become endangered species, threatened species, or candidate species, resulting from renewable energy or decarbonization infrastructure, including, but not limited to, research on the ways in which the siting, design, construction, and operation of those infrastructure projects can prevent the adverse impacts of climate change on species and their habitats.
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112-(ii) The research design is reviewed and approved by the department.
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114-(iii) A surety bond, letter of credit, insurance policy, corporate guarantee, or other form of financial assurance that is acceptable to the department, is provided to ensure the completion of the research.
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116-(3) (A) The applicant shall ensure adequate funding to implement the measures required by paragraph (2), and for monitoring compliance with, and effectiveness of, those measures.
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118-(B) For purposes of this section, transportation funding identified in the State Highway System Management Plan shall be presumed to ensure adequate funding for the long-term maintenance of a habitat connectivity or wildlife corridor structure on the state highway system, but not for the habitat on or around the structure. To ensure adequate funding to maintain the habitat on or around the structure, the applicant shall provide an endowment.
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120-(c) No permit may be issued pursuant to subdivision (b) if issuance of the permit would jeopardize the continued existence of the species. The department shall make this determination based on the best scientific and other information that is reasonably available, and shall include consideration of the species capability to survive and reproduce, and any adverse impacts of the taking on those abilities in light of (1) known population trends; (2) known threats to the species; and (3) reasonably foreseeable impacts on the species from other related projects and activities.
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122-(d) The department shall adopt regulations to aid in the implementation of subdivision (b) and the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code, with respect to authorization of take. The department may seek certification pursuant to Section 21080.5 of the Public Resources Code to implement subdivision (b).
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124-(e) Commencing January 1, 2019, the department shall post each new permit issued pursuant to subdivision (b) on its internet website within 15 days of the effective date of the permit.
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126-SEC. 3. Section 2089.2 of the Fish and Game Code is amended to read:2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.
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128-SEC. 3. Section 2089.2 of the Fish and Game Code is amended to read:
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130-### SEC. 3.
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132-2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.
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134-2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.
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136-2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.
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140-2089.2. (a) This article shall be known and may be cited as the California State Safe Harbor Agreement Program Act.
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142-(b) The Legislature finds that a key to the goals set forth in this article of conserving, protecting, restoring, and enhancing endangered, threatened, and candidate species, is their habitat. A significant portion of the states current and potential habitat for these species exists on property owned by private citizens, municipalities, tribes, and other nonfederal entities. Conservation efforts on these lands and waters are critical to help these declining species. Using a collaborative stewardship approach to these lands and waters will help ensure the success of these efforts.
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144-(c) The purpose of this article is to establish a program that will encourage landowners to manage their lands voluntarily to benefit endangered, threatened, or candidate species, or declining or vulnerable species, and not be subject to additional regulatory restrictions as a result of their conservation efforts.
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146-(d) This article does not relieve landowners of any legal obligation with respect to endangered, threatened, or candidate species existing on their land. The program established by this article is designed to increase species populations, create new habitats, and enhance existing habitats. Although this increase may be temporary or long term, California state safe harbor agreements shall not reduce reduce, except as otherwise provided in this article, the existing populations of species present at the time the baseline is established by the department.
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148-SEC. 4. Section 2089.4 of the Fish and Game Code is amended to read:2089.4. As used in this article, the following definitions apply:(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted. (c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development. (c)(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.(d)(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.(e)(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.(f)(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.(g)(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.(h)(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.(i)(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.(j)(k) Qualified person means a person with species expertise who has been approved by the department.(k)(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.
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150-SEC. 4. Section 2089.4 of the Fish and Game Code is amended to read:
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152-### SEC. 4.
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154-2089.4. As used in this article, the following definitions apply:(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted. (c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development. (c)(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.(d)(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.(e)(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.(f)(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.(g)(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.(h)(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.(i)(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.(j)(k) Qualified person means a person with species expertise who has been approved by the department.(k)(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.
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156-2089.4. As used in this article, the following definitions apply:(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted. (c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development. (c)(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.(d)(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.(e)(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.(f)(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.(g)(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.(h)(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.(i)(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.(j)(k) Qualified person means a person with species expertise who has been approved by the department.(k)(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.
157-
158-2089.4. As used in this article, the following definitions apply:(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted. (c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development. (c)(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.(d)(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.(e)(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.(f)(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.(g)(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.(h)(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.(i)(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.(j)(k) Qualified person means a person with species expertise who has been approved by the department.(k)(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.
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160-
161-
162-2089.4. As used in this article, the following definitions apply:
163-
164-(a) Agreement means a state safe harbor agreement approved by the department pursuant to this article. Agreement includes an agreement with an individual landowner and a programmatic agreement.
165-
166-(b) Baseline conditions means the existing estimated population size, the extent and quality of habitat, or both population size and the extent and quality of habitat, for the species on the land to be enrolled in the agreement that sustain seasonal or permanent use by the covered species. Baseline conditions shall be determined by the department, in consultation with the applicant, and shall be based on the best available science and objective scientific methodologies. For purposes of establishing baseline conditions, a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been is approved by the department. department before or after the habitat survey is conducted.
167-
168-(c) Change in baseline conditions means an impact on baseline conditions caused by new land use or development that may result in the take of endangered, threatened, candidate, or declining or vulnerable species during construction and where the new land use or development is reasonably expected to provide a net conservation benefit for the same species through the implementation of management actions over the course of the operational life of the new land use or development.
169-
170-(c)
171-
172-
173-
174-(d) Declining or vulnerable species include candidate species, species proposed for listing as an endangered or threatened species pursuant to this chapter, or species that the department determines may, in the near future, be candidate species or proposed for listing as an endangered or threatened species pursuant to this chapter.
175-
176-(d)
177-
178-
179-
180-(e) Department means the Department of Fish and Wildlife, acting through its director or their designee.
181-
182-(e)
183-
184-
185-
186-(f) Landowner means any person or nonstate, state, or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of this article.
187-
188-(f)
189-
190-
191-
192-(g) Management actions means activities on the enrolled land or water that are reasonably expected by the department to provide a net benefit to the species or their habitat, or both.
193-
194-(g)
195-
196-
197-
198-(h) Monitoring program means a program established or approved by the department in accordance with paragraph (6) of subdivision (a) of Section 2089.6.
199-
200-(h)
201-
202-
203-
204-(i) Net conservation benefit means the cumulative benefits of the management activities identified in the agreement that provide for an increase in a species population or the enhancement, restoration, or maintenance of covered species suitable habitats within the enrolled property. Net conservation benefit shall take into account the length of the agreement, any offsetting adverse effects attributable to the incidental taking allowed by the agreement, and other mutually agreed upon factors. Net conservation benefits shall be sufficient to contribute either directly or indirectly to the recovery of the covered species. These benefits include, but are not limited to, reducing fragmentation and increasing the connectivity of habitats, maintaining or increasing populations, enhancing and restoring habitats, and buffering protected areas.
205-
206-(i)
207-
208-
209-
210-(j) Programmatic agreement means a state safe harbor agreement issued to a governmental or nongovernmental program administrator. The program administrator for a programmatic agreement shall work with landowners and the department to implement the agreement. The program administrator and the department shall be responsible for ensuring compliance with the terms of the agreement.
211-
212-(j)
213-
214-
215-
216-(k) Qualified person means a person with species expertise who has been approved by the department.
217-
218-(k)
219-
220-
221-
222-(l) Return to baseline means, at the termination of an agreement, activities undertaken by the landowner to return the species population or extent or quality of habitat to baseline, excluding catastrophic events such as floods, unplanned fires, or earthquakes, and other factors mutually agreed upon before permit issuance and that are beyond the control of the landowner.
223-
224-SEC. 5. Section 2089.6 of the Fish and Game Code is amended to read:2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:(1) The department receives a complete application containing all of the information described in Section 2089.8.(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.
225-
226-SEC. 5. Section 2089.6 of the Fish and Game Code is amended to read:
227-
228-### SEC. 5.
229-
230-2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:(1) The department receives a complete application containing all of the information described in Section 2089.8.(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.
231-
232-2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:(1) The department receives a complete application containing all of the information described in Section 2089.8.(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.
233-
234-2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:(1) The department receives a complete application containing all of the information described in Section 2089.8.(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.
235-
236-
237-
238-2089.6. (a) In addition to the other provisions of this article, the department may authorize acts that are or may become otherwise prohibited pursuant to Section 2000, 2080, or 2085 through an agreement, including a programmatic agreement, if all the following conditions are met:
239-
240-(1) The department receives a complete application containing all of the information described in Section 2089.8.
241-
242-(2) The take is incidental to an otherwise lawful activity. activity, including, but not limited to, a change in baseline conditions.
243-
244-(3) The department finds that the implementation of the agreement is reasonably expected to provide a net conservation benefit to the species listed in the application. This finding shall be based, at a minimum, upon the determination that the agreement is of sufficient duration and has appropriate assurances to realize these benefits.
245-
246-(4) The take authorized by the agreement will not jeopardize the continued existence of the species. This determination shall be made based on the provisions of subdivision (c) of Section 2081.
247-
248-(5) The department finds that the landowner has agreed, to the maximum extent practicable, to avoid or minimize any incidental take authorized in the agreement, including returning to baseline.
249-
250-(6) The department has established or approved a monitoring program, based upon objective scientific methodologies, to provide information for the department to evaluate the effectiveness and efficiency of the agreement program, including whether the net conservation benefits set forth in the agreement are being achieved and whether the participating landowner is implementing the provisions of the agreement.
251-
252-(7) The department has determined that sufficient funding is ensured, for it or its contractors or agents, to determine baseline conditions on the property, and that there is sufficient funding for the landowner to carry out management actions and for monitoring for the duration of the agreement.
253-
254-(8) Implementation of the agreement will not be in conflict with any existing department-approved conservation or recovery programs for the species covered by the agreement.
255-
256-(b) If the species covered by an agreement is a declining or vulnerable species, and the species is subsequently listed as an endangered, threatened, or candidate species pursuant to this chapter, no further authorization or approval shall be required for take of the species in accordance with the agreement, regardless of the species change in status.
257-
258-
259-
260-The Legislature finds and declares all of the following:
261-
262-
263-
264-(a)Wildfires have been increasing in frequency and severity in California, resulting in loss of life and damage to public health, property, infrastructure, and ecosystems.
265-
266-
267-
268-(b)More than 2,000,000 California households, approximately one in four residential structures in California, are located within or in wildfire movement proximity of high or very high fire hazard severity zones identified on maps drawn by the Department of Forestry and Fire Protection.
269-
270-
271-
272-(c)In response to longer and more intense wildfire seasons, the State of California has developed a comprehensive approach to wildfire-related disaster preparedness, mitigation, and resilience. Californias Wildfire and Forest Resilience Action Plan lays out a detailed framework and associated implementation strategy and expenditure plan for establishing healthy and resilient forests and communities that can withstand and adapt to wildfire, drought, and climate change.
273-
274-
275-
276-(d)The state has invested nearly $3,000,000,000 since the 2019 Budget Act into programs and projects to improve forest health and resilience, create fuel breaks, harden homes and communities, and build resilient lifeline infrastructure to withstand wildfire disasters when they do occur.
277-
278-
279-
280-(e)The State of California administers multiple state and federal wildfire and forest resilience grant programs with the goal of preventing catastrophic wildfire.
281-
282-
283-
284-(f)Reducing the risk of catastrophic wildfire requires immense coordination between all levels of government, communities, and stakeholders as well as information and data sharing to maximize and leverage the whole of the multipronged wildfire and forest resilience response.
285-
286-
287-
288-
289-
290-
291-
292-(a)For purposes of this section, program means any of the following programs:
293-
294-
78+4772. (a) For purposes of this section, program means any of the following programs:
29579
29680 (1) The forestry assistance program established pursuant to Section 4792.
29781
298-
299-
30082 (2) The comprehensive wildfire mitigation program established pursuant to Section 8654.4 of the Government Code.
301-
302-
30383
30484 (3) The local assistance grant program for fire prevention and home hardening education activities established pursuant to Section 4124.5.
30585
306-
307-
30886 (4) The departments grant programs not otherwise identified in paragraphs (1) to (3), inclusive, including, but not limited to, those grant programs related to wildfire prevention, forest health, forest legacy, urban and community forestry, forest health research, forest improvement, wildfire resilience, workforce and business development, and volunteer fire capacity.
309-
310-
31187
31288 (5) The federal Building Resilient Infrastructure and Communities program.
31389
314-
315-
31690 (6) The federal Hazard Mitigation Grant Program.
317-
318-
31991
32092 (7) The federal Fire Management Assistance Grant Program.
32193
322-
323-
32494 (8) The federal Community Wildfire Defense Grant program.
325-
326-
32795
32896 (9) Any other relevant publicly funded grant program administered in California to benefit forest health and resilience, harden homes and communities, or prevent and mitigate wildfires, if information on the program is readily available.
32997
330-
331-
33298 (b) On or before July 1, 2026, and every July 1 thereafter, the task force shall compile and post on its internet website all of the following information for each program, for each fiscal year in which the Legislature appropriated program funding or program projects occurred in the state, as applicable:
333-
334-
33599
336100 (1) The amount of funding allocated from the program.
337101
338-
339-
340102 (2) The list of recipients and subrecipients that received an allocation from the program, including the location of the project.
341-
342-
343103
344104 (3) The amount of funding that has been encumbered by each recipient.
345105
346-
347-
348106 (4) A brief description of the project, including the location, current status, and proposed schedule for the projects completion.
349-
350-
351107
352108 (5) A brief description of the anticipated benefits of the project, which may include benefits for fire prevention and mitigation, habitat, forest resiliency, climate resiliency, public safety, or protection of important natural resources, including water quality and water supply.