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AB-2320 Wildlife Connectivity and Climate Adaptation Act of 2024: wildlife corridors: fish passage.(2023-2024)

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Date Published: 06/19/2024 09:00 PM
AB2320:v95#DOCUMENT

Amended  IN  Senate  June 19, 2024
Amended  IN  Assembly  May 16, 2024
Amended  IN  Assembly  April 24, 2024
Amended  IN  Assembly  April 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2320

Introduced by Assembly Member Irwin
(Coauthors: Assembly Members Boerner, Bryan, Friedman, Kalra, and Pellerin)

February 12, 2024

An act to amend Section 1301 Sections 1301, 1930.2, and 1930.5 of, and to add Section 1346.5 to, the Fish and Game Code, and to amend Sections 71450 and 71452 of the Public Resources Code, relating to wildlife corridors.


LEGISLATIVE COUNSEL'S DIGEST


AB 2320, as amended, Irwin. Wildlife Connectivity and Climate Adaptation Act of 2024: wildlife corridors. corridors: fish passage.
(1) Existing law requires the Natural Resources Agency, in implementing actions to achieve the goal to conserve at least 30% of the state’s lands and coastal waters by 2030 established by executive order, to prioritize specified actions. Existing law requires the Secretary of the Natural Resources Agency to prepare and submit an annual report to the Legislature on the progress made during the prior calendar year toward achieving that goal, as provided. Existing law requires that annual report to include certain information, including, among other information, the progress made in the prior calendar year to address equity as part of the above-described goal.
This bill, the Wildlife Connectivity and Climate Adaptation Act of 2024, would additionally require the agency, as part of that report, to identify key wildlife corridors, as defined, in the state, connections between large blocks of natural areas and habitats, progress on protecting additional acres of wildlife corridors, and goals for wildlife corridor protection in the next 5 years, as provided. include an update on the state’s progress towards addressing the priority wildlife corridors, as defined, identified in the Restoring California’s Wildlife Connectivity report by the Department of Fish and Wildlife, and goals for wildlife corridor protection in the next five years. The bill would also make related findings and declarations.
(2) The Wildlife Conservation Law of 1947 requires the Wildlife Conservation Board to acquire real property, rights in real property, water, or water rights as necessary for a program to acquire lands and facilities suitable for recreational purposes and adaptable for the conservation, propagation, and utilization of state fish and game resources. The law establishes the program and makes a policy statement regarding the program and its purposes.
This bill would additionally make it the policy of the state to preserve, protect, and restore wildlife habitats and biodiversity through the acquisition and restoration of blocks of habitat and natural lands that are connected by wildlife corridors, as defined, and the infrastructure that supports wildlife corridors. The bill would provide that “acquire” and “acquisition,” for purposes of the policy statement regarding the program and its purposes, do not refer to the use of eminent domain for certain lands identified by the state as having mineral resources.
This bill would also require the board to identify priority projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space. The bill would authorize the board to give priority for this purpose to projects that protect wildlife corridors, including wildlife corridors threatened by urban development, as specified.
(3) Existing law requires the Department of Fish and Wildlife, contingent upon funding being provided by the Wildlife Conservation Board, or from other appropriate bond funds, upon appropriation by the Legislature, to investigate, study, and identify those areas in the state that are most essential as wildlife corridors and habitat linkages, as specified. Under existing law, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as specified. Existing law authorizes those means to include, but not be limited to, acquisition or protection of wildlife corridors as open space through conservation easements.
This bill would remove from the contingency requirement that appropriate funds be from bonds and would specify that the department not only investigate, study, and identify, but also track the protection and conservation of the above-described areas. The bill would also revise and recast various provisions involving voluntary steps to protect the functioning of these wildlife corridors to additionally include, among other means, acquisition or protection of wildlife corridors as open space through fee title acquisitions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 This act shall be known, and may be cited, as the Wildlife Connectivity and Climate Adaptation Act of 2024.

SEC. 2.

 (a) The Legislature finds and declares all of the following:
(1) It is a goal of the state to protect biodiversity through actions that conserve 30 percent of lands and coastal waters of California by 2030.
(2) Conservation In addition to purchasing land for conservation purposes, conservation on working lands can provide critical ecosystems and habitat for wildlife while conserving agricultural lands throughout the state. There is tremendous opportunity to restore and conserve key biodiverse habitats such as oak woodlands and riparian corridors on ranches and farms.
(3) farms. Numerous state agencies, land trusts, and conservancies develop conservation easements to protect important habitats and ecosystems. The Department of Conservation supports agricultural conservation easements and restoration projects on important agricultural and range lands.
(3) The Wildlife Conservation Board is an important funder of these and other conservation efforts.
(4) In order for the 30x30 goal to effectively protect biodiversity and to reduce or mitigate climate change, conservation of lands and waters must promote wildlife connectivity and connected landscapes. Biodiversity encapsulates genetic, species, and ecosystem biodiversity.
(b) As used in this section, “30x30 goal” means the goal to conserve 30 percent of state lands and coastal waters by 2030, as established by Executive Order No. N-82-20.

SEC. 3.

 Section 1301 of the Fish and Game Code is amended to read:

1301.
 (a) The preservation, protection, and restoration of wildlife within the state is an inseparable part of providing adequate recreation for our people in the interest of public welfare; and it is the policy of the state to acquire and restore to the highest possible level, and maintain in a state of high productivity, those areas that can be most successfully used to sustain wildlife and that will provide adequate and suitable recreation. It is the policy of the state to preserve, protect, and restore wildlife habitats and biodiversity through the acquisition and restoration of large blocks of habitat and natural lands that are connected by wildlife corridors and the infrastructure that supports wildlife corridors. To carry out these purposes, a single and coordinated program for the acquisition of lands and facilities for suitable recreational purposes, and adaptable for conservation, propagation, and utilization of the fish and game wildlife resources of the state, is established.

(b)As used in this section, the following definitions apply:

(1)“Fish passage” means the ability of an anadromous fish to access appropriate habitat at all points in its life cycle, including spawning and rearing.

(2)“Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.

(c)“Acquire” and “acquisition” do not refer to the use of eminent domain for lands identified by the state as having mineral resources used in the construction of infrastructure that is funded in whole or in part by any government entity.

(b) As used in this section, “fish passage” and “wildlife corridor” have the same definitions as provided in Section 1930.2.

SEC. 4.

 Section 1346.5 is added to the Fish and Game Code, to read:

1346.5.
 (a) The board shall identify priority projects for the acquisition, development, rehabilitation, restoration, protection, and expansion of wildlife corridors and open space, including projects to improve connectivity and reduce barriers between habitat areas. The board may give priority to projects that protect wildlife corridors, including wildlife corridors threatened by urban development. Such projects may include construction, repair, modification, or removal of transportation or water resources infrastructure to improve wildlife or fish passage.

(b)As used in this section, “wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.

(b) The board’s implementation of this section shall complement the board’s implementation of Section 1930.5.
(c) As used in this section, “fish passage” and “wildlife corridor” have the same definitions as provided in Section 1930.2.

SEC. 5.

 Section 1930.2 of the Fish and Game Code is amended to read:

1930.2.
 For purposes of this chapter, the following terms have the following meanings:
(a) “Fish passage” means the ability of a fish to access appropriate habitat at all points in its life cycle, including spawning and rearing.

(a)

(b) “Habitat stronghold” means high-quality habitat that supports wildlife in being more resilient to increasing pressures on species due to climate change and land development.

(b)

(c) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another.

SEC. 6.

 Section 1930.5 of the Fish and Game Code is amended to read:

1930.5.
 (a) Contingent upon funding being provided by the Wildlife Conservation Board from moneys available pursuant to Section 75055 of the Public Resources Code, or from other appropriate bond funds, upon appropriation by the Legislature, the department shall investigate, study, and identify identify, and track the protection and conservation of those areas in the state that are most essential as wildlife corridors and habitat linkages, as well as the impacts to those wildlife corridors from climate change, and shall prioritize vegetative data development in these areas.
(b) It is the intent of the Legislature that the Wildlife Conservation Board use various funds to work with the department to complete a statewide analysis of wildlife corridors and connectivity to support conservation planning and climate change adaptation activities.
(c) (1) It is the policy of the state to promote the voluntary protection of wildlife corridors and habitat strongholds in order to enhance the resiliency of wildlife and their habitats to climate change, protect biodiversity, and allow for the migration and movement of species by providing connectivity between habitat lands. In order to further these goals, it is the policy of the state to encourage, wherever feasible and practicable, voluntary steps to protect the functioning of wildlife corridors through various means, as applicable and to the extent feasible and practicable, those means may include, but are not limited to:
(A) Acquisition or protection of wildlife corridors as open space through conservation easements. easements, fee title acquisitions, and other means.
(B) Installing of wildlife-friendly or directional fencing.
(C) Siting of mitigation and conservation banks in areas that provide habitat connectivity for affected fish and wildlife resources.
(D) Provision of roadway undercrossings, overpasses, oversized culverts, instream infrastructure, or bridges to allow for fish passage and the movement of wildlife between habitat areas.
(2) The fact that a project applicant does not take voluntary steps to protect the functioning of a wildlife corridor prior to initiating the application process for a project shall not be grounds for denying a permit or requiring additional mitigation beyond what would be required to mitigate project impacts under other applicable laws, including, but not limited to, the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3) and the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
(d) The Legislature finds and declares that there are a number of existing efforts, including, but not limited to, efforts involving working landscapes, that are already working to achieve the policy described in subdivision (c).
(e) Subdivision (c) shall not be construed to create new regulatory requirements or modify the requirements of subparagraphs (B) and (E) of paragraph (4) of subdivision (a) of Section 2820, or the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

SEC. 5.SEC. 7.

 Section 71450 of the Public Resources Code is amended to read:

71450.
 (a) For the purposes of this part, the following definitions apply:
(1) “30x30 goal” means the goal to conserve 30 percent of California’s lands and coastal waters by 2030 established in subdivision (b) and by Executive Order No. N-82-20.
(2) “Pathways to 30x30 Report” means the report entitled “Pathways to 30x30 California: Accelerating Conservation of California’s Nature” that was issued by the Natural Resources Agency on April 22, 2022.
(3) “Wildlife corridor” means a habitat linkage that joins two or more areas of wildlife habitat, allowing for fish passage or the movement of wildlife from one area to another. is as defined pursuant to Section 1930.2 of the Fish and Game Code.
(b) It is the goal of the state to conserve at least 30 percent of California’s lands and coastal waters by 2030.

SEC. 6.SEC. 8.

 Section 71452 of the Public Resources Code is amended to read:

71452.
 (a) Notwithstanding Section 10231.5 of the Government Code, the Secretary of the Natural Resources Agency shall prepare and submit, on or before March 31, 2024, and annually thereafter, a report to the Legislature on the progress made in the prior calendar year toward achieving the 30x30 goal. The report shall include, but is not limited to, all of the following information:
(1) The number of acres conserved in the prior calendar year and the number of acres remaining that need to be conserved to meet the 30x30 goal, including information on how that goal is conserving California’s imperiled biodiversity.
(2) The identification of key wildlife corridors in the state, connections between large blocks of natural areas and habitats, progress on protecting additional acres of wildlife corridors, An update on the state’s progress towards addressing the priority wildlife corridors identified in the Restoring California’s Wildlife Connectivity report by the Department of Fish and Wildlife, and goals for wildlife corridor protection in the next five years. This shall include updates to the California Essential Habitat Connectivity Project report produced by the Department of Transportation and the Department of Fish and Wildlife in 2010.
(3) A summary of the progress made in the prior calendar year to advance toward the 30x30 goal and the near-term priority actions identified in the Pathways to 30x30 Report.
(4) How and where state funding that was expended in the prior calendar year was used in furtherance of the 30x30 goal, including the amount of funding expended for land and water conservation, science and research, public outreach and engagement, and managing, monitoring, and restoring conserved lands and water.
(5) The progress made by the 30x30 Partnership in the prior calendar year, including by the 30x30 Coordinating Committee, California Biodiversity Council, and California Biodiversity Network.
(6) The status of, and progress made by, CA Nature, which is the suite of interactive mapping and visualization tools developed pursuant to the 30x30 goal, and other scientific research or tools developed in the prior calendar year to support the 30x30 goal.
(7) The coordination between local, state, and federal agencies in support of the 30x30 goal.
(8) The progress made in the prior calendar year to address equity as part of the 30x30 goal, including state funding invested in community engagement, planning, acquisition and restoration, and expenditures for efforts by tribes or community-based groups.
(9) Identified barriers to implementing the 30x30 goal and recommended actions taken or needed to address those barriers.
(10) Interim benchmarks for the next calendar year to help meet the 30x30 goal and specific actions to implement the 30x30 goal.
(b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.