Amended IN Assembly April 21, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 734Introduced by Assembly Member SchultzFebruary 18, 2025An act to add Section 71068.5 Sections 25544 and 25545.17 to the Public Resources Code, relating to environmental protection. LEGISLATIVE COUNSEL'S DIGESTAB 734, as amended, Schultz. Environmental protection: biological resources data: reporting. State Energy Resources Conservation and Development Commission: powerplants: power lines: applications.Existing law vests the State Energy Resources Conservation and Development Commission with the power to certify locations on which an electrical transmission line or thermal powerplant is constructed, or is proposed to be constructed, except as provided. Existing law authorizes the commission to exempt from certification a thermal powerplant with a generating capacity of up to 100 megawatts, and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications. This bill would require any biological resources data submitted to the commission in an application for certification or small powerplant exemption pursuant to the above-described provisions to be made publicly available on the commissions docket as part of the certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes specified location data, the disclosure of which would pose a significant risk to individuals of the species. The bill would require the department, if it makes that determination, to include in the written determination an assessment of the maximum amount of the specified data that can be released without posing a risk to the species. The bill would require the department to provide its written determination to the commission and would require the commission to make the data, in accordance with the determination, available to the public on the commissions docket.Existing law, until June 30, 2029, authorizes a person proposing an eligible facility, including a solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more, to submit an application with the commission for certification of the site and related facility. This bill would apply the same public availability requirements described above to biological resources data submitted to the commission as part of an application for certification of an eligible facility.Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the Secretary of the Natural Resources Agency to establish a standardized electronic format and protocol for the exchange of electronic data for the purposes of meeting environmental data reporting or other usage requirements, as provided.This bill would require any biological resources data, as defined, submitted to a regional, local, or state public agency to be posted on that public agencys internet website and made publicly available within 2 weeks of submission to the public agency, as provided.To the extent that this bill imposes additional duties on local public agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 71068.5 is added to the Public Resources Code, immediately following Section 71068, to read:71068.5.SECTION 1. Section 25544 is added to the Public Resources Code, to read:25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination. SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 2. Section 25545.17 is added to the Public Resources Code, to read:25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
Amended IN Assembly April 21, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 734Introduced by Assembly Member SchultzFebruary 18, 2025An act to add Section 71068.5 Sections 25544 and 25545.17 to the Public Resources Code, relating to environmental protection. LEGISLATIVE COUNSEL'S DIGESTAB 734, as amended, Schultz. Environmental protection: biological resources data: reporting. State Energy Resources Conservation and Development Commission: powerplants: power lines: applications.Existing law vests the State Energy Resources Conservation and Development Commission with the power to certify locations on which an electrical transmission line or thermal powerplant is constructed, or is proposed to be constructed, except as provided. Existing law authorizes the commission to exempt from certification a thermal powerplant with a generating capacity of up to 100 megawatts, and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications. This bill would require any biological resources data submitted to the commission in an application for certification or small powerplant exemption pursuant to the above-described provisions to be made publicly available on the commissions docket as part of the certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes specified location data, the disclosure of which would pose a significant risk to individuals of the species. The bill would require the department, if it makes that determination, to include in the written determination an assessment of the maximum amount of the specified data that can be released without posing a risk to the species. The bill would require the department to provide its written determination to the commission and would require the commission to make the data, in accordance with the determination, available to the public on the commissions docket.Existing law, until June 30, 2029, authorizes a person proposing an eligible facility, including a solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more, to submit an application with the commission for certification of the site and related facility. This bill would apply the same public availability requirements described above to biological resources data submitted to the commission as part of an application for certification of an eligible facility.Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the Secretary of the Natural Resources Agency to establish a standardized electronic format and protocol for the exchange of electronic data for the purposes of meeting environmental data reporting or other usage requirements, as provided.This bill would require any biological resources data, as defined, submitted to a regional, local, or state public agency to be posted on that public agencys internet website and made publicly available within 2 weeks of submission to the public agency, as provided.To the extent that this bill imposes additional duties on local public agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESNO
Amended IN Assembly April 21, 2025
Amended IN Assembly April 21, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 734
Introduced by Assembly Member SchultzFebruary 18, 2025
Introduced by Assembly Member Schultz
February 18, 2025
An act to add Section 71068.5 Sections 25544 and 25545.17 to the Public Resources Code, relating to environmental protection.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 734, as amended, Schultz. Environmental protection: biological resources data: reporting. State Energy Resources Conservation and Development Commission: powerplants: power lines: applications.
Existing law vests the State Energy Resources Conservation and Development Commission with the power to certify locations on which an electrical transmission line or thermal powerplant is constructed, or is proposed to be constructed, except as provided. Existing law authorizes the commission to exempt from certification a thermal powerplant with a generating capacity of up to 100 megawatts, and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications. This bill would require any biological resources data submitted to the commission in an application for certification or small powerplant exemption pursuant to the above-described provisions to be made publicly available on the commissions docket as part of the certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes specified location data, the disclosure of which would pose a significant risk to individuals of the species. The bill would require the department, if it makes that determination, to include in the written determination an assessment of the maximum amount of the specified data that can be released without posing a risk to the species. The bill would require the department to provide its written determination to the commission and would require the commission to make the data, in accordance with the determination, available to the public on the commissions docket.Existing law, until June 30, 2029, authorizes a person proposing an eligible facility, including a solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more, to submit an application with the commission for certification of the site and related facility. This bill would apply the same public availability requirements described above to biological resources data submitted to the commission as part of an application for certification of an eligible facility.Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the Secretary of the Natural Resources Agency to establish a standardized electronic format and protocol for the exchange of electronic data for the purposes of meeting environmental data reporting or other usage requirements, as provided.This bill would require any biological resources data, as defined, submitted to a regional, local, or state public agency to be posted on that public agencys internet website and made publicly available within 2 weeks of submission to the public agency, as provided.To the extent that this bill imposes additional duties on local public agencies, the bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Existing law vests the State Energy Resources Conservation and Development Commission with the power to certify locations on which an electrical transmission line or thermal powerplant is constructed, or is proposed to be constructed, except as provided. Existing law authorizes the commission to exempt from certification a thermal powerplant with a generating capacity of up to 100 megawatts, and modifications to existing generating facilities that do not add capacity in excess of 100 megawatts, if the commission finds that no substantial adverse impact on the environment or energy resources will result from the construction or operation of the proposed facility or from the modifications.
This bill would require any biological resources data submitted to the commission in an application for certification or small powerplant exemption pursuant to the above-described provisions to be made publicly available on the commissions docket as part of the certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes specified location data, the disclosure of which would pose a significant risk to individuals of the species. The bill would require the department, if it makes that determination, to include in the written determination an assessment of the maximum amount of the specified data that can be released without posing a risk to the species. The bill would require the department to provide its written determination to the commission and would require the commission to make the data, in accordance with the determination, available to the public on the commissions docket.
Existing law, until June 30, 2029, authorizes a person proposing an eligible facility, including a solar photovoltaic or terrestrial wind electrical generating powerplant with a generating capacity of 50 megawatts or more, to submit an application with the commission for certification of the site and related facility.
This bill would apply the same public availability requirements described above to biological resources data submitted to the commission as part of an application for certification of an eligible facility.
Existing law, the California Public Records Act, requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the Secretary of the Natural Resources Agency to establish a standardized electronic format and protocol for the exchange of electronic data for the purposes of meeting environmental data reporting or other usage requirements, as provided.
This bill would require any biological resources data, as defined, submitted to a regional, local, or state public agency to be posted on that public agencys internet website and made publicly available within 2 weeks of submission to the public agency, as provided.
To the extent that this bill imposes additional duties on local public agencies, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 71068.5 is added to the Public Resources Code, immediately following Section 71068, to read:71068.5.SECTION 1. Section 25544 is added to the Public Resources Code, to read:25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination. SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.SEC. 2. Section 25545.17 is added to the Public Resources Code, to read:25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 25544 is added to the Public Resources Code, to read:25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
SECTION 1. Section 25544 is added to the Public Resources Code, to read:
### SECTION 1.
25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
25544. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.
###### 25544.
(b) Notwithstanding any other law, any biological resources data submitted to a regional, local, or state public agency shall be posted on that public agencys internet website and the commission as part of an application for certification pursuant to this chapter, or exemption from this chapter pursuant to Section 25541, shall be made available to the public within two weeks of submission to the public agency. on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 2. Section 25545.17 is added to the Public Resources Code, to read:25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
SEC. 2. Section 25545.17 is added to the Public Resources Code, to read:
### SEC. 2.
25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.
25545.17. (a) For the purposes of this section, biological resources data means information pertaining to species and their habitats, including, but not limited to, observations, surveys, scientific studies, species needs, and habitat conditions, and including maps on a scale of one inch equals 500 feet.
###### 25545.17.
(b) Notwithstanding any other law, any biological resources data submitted to the commission as part of an application for certification pursuant to this chapter shall be made available to the public on the commissions docket as part of a certification proceeding unless the Department of Fish and Wildlife makes a written determination that the data to be made public includes location data derived from the California Natural Diversity Database, the disclosure of which would pose a significant risk to individuals of the species. If the Department of Fish and Wildlife makes that determination, it shall include in the written determination an assessment of the maximum amount of data from the California Natural Diversity Database that can be released without posing a significant risk to the species. The Department of Fish and Wildlife shall provide its written determination to the commission, and the commission shall make the data available to the public on its docket in accordance with the determination.