Existing law establishes the Department of Fish and Wildlife and sets forth the powers and duties of the department with regard to the implementation and administration of, among other things, projects and programs to protect wildlife and wildlife habitat in the state, including a conservation and mitigation banking program and a regional conservation investment strategy program. Under the conservation and mitigation banking program and the regional conservation investment strategy program, existing law authorizes the creation of credits under certain circumstances that may be used to fulfill legal obligations to mitigate impacts to fish and wildlife.
This bill would authorize the department to approve compensatory mitigation credits for wildlife connectivity actions taken under the conservation and mitigation banking program or the regional conservation investment strategy program. In order to receive compensatory mitigation credits from the department under this authority, the bill would require the wildlife connectivity action to meet specified requirements. The bill would authorize a compensatory mitigation credit created under this authority to be used to fulfill, in whole or in part, compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency. The bill would authorize the department to adopt guidelines and criteria to aid in the implementation of these provisions and would exempt the development, adoption, or amendment of these guidelines or criteria from the Administrative Procedure Act.

Statutes affected:
SB790: 800.6 SHC
02/19/21 - Introduced: 800.6 SHC
03/22/21 - Amended Senate: 800.6 SHC
04/14/21 - Amended Senate: 800.6 SHC
SB 790: 800.6 SHC