Legislative record

Habitat Restoration and Enhancement Act.

The Habitat Restoration and Enhancement Act authorizes a project proponent to submit a habitat restoration or enhancement project to the Director of Fish and Wildlife for approval. The act requires the Department of Fish and Wildlife to assess an application fee for a project submitted to the department consistent with specified fees adopted by the department, as provided. Under the act, a habitat restoration or enhancement project is defined as a project with the primary purpose of improving fish and wildlife habitat. The act requires the director to approve a habitat restoration or enhancement project if the director determines that specified conditions are met. The act makes moneys in the Habitat Restoration and Enhancement Account available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing the act. Existing law repeals the act on January 1, 2027. This bill would extend the operation of the act until January 1, 2032, and would require the department to submit a report on the implementation of the act to the Legislature no later than December 31, 2029. The bill would maintain the requirement for the application fee to be consistent with other specified fees adopted by the department until the department establishes, on or before January 1, 2030, an application fee schedule, as specified. The bill would revise the definition of a habitat restoration or enhancement project, would revise the required contents of an application for a habitat restoration or enhancement project, as provided, and would transfer the responsibilities of the director under the act to the department. Under the act, the approval of a habitat restoration or enhancement project is in lieu of any other permit, agreement, license, or other approval issued by the Department of Fish and Wildlife. This bill would provide that the department's approval of a habitat restoration or enhancement project under the act only includes take authorization for the species listed by the project proponent in its application. The bill would require the department to ensure that each approved habitat restoration or enhancement project includes appropriate measures to avoid and minimize its adverse impacts to species protected by state law. The act establishes separate procedures for the approval of a habitat restoration or enhancement project depending on whether the project has received a specified certification pursuant to an order from the State Water Resources Control Board. As part of the procedures applicable to a project that has received that certification, the act requires the director to publish the receipt of certain information from the project proponent, and the director's determination on whether the application is complete, in the California Regulatory Notice Register. This bill would eliminate the requirement to publish that information in the California Regulatory Notice Register. The act requires the director to suspend the implementation of a project under certain circumstances, as specified. This bill would eliminate those provisions.