AMENDED IN SENATE MAY 10, 2010AMENDED IN SENATE APRIL 20, 2010
SENATE BILL No. 1334
Introduced by Senator Wolk
February 19, 2010An act to amend Section 2820 of the Fish and Game Code, relatingto wildlife resources.
legislative counsel
’
s digest
SB1334, as amended, Wolk.Natural community conservation plans.The Natural Community Conservation Planning Act authorizes theDepartment of Fish and Game to enter into agreements with any personor public entity for the purpose of preparing a natural communityconservation plan, in cooperation with a local agency that has land usepermit authority over the activities proposed to be addressed in the plan,to provide comprehensive management and conservation of multiplewildlife species. The act requires the department to approve a naturalcommunity conservation plan for implementation after making speci
f
ed
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ndings based upon substantial evidence in the record, including a
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nding that the plan has been developed consistent with the planningagreement process.This bill would include in the required
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nding that the plan has beendeveloped consistent with the planning agreement process an additional
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nding of cooperation with all
a
local agencies
agency
that have
has
land use permit authority over the activities proposed to be addressedin the plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: no.
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The people of the State of California do enact as follows:
12345678910111213141516171819202122232425262728293031323334353637SECTION 1. Section 2820 of the Fish and Game Code isamended to read:2820. (a) The department shall approve a natural communityconservation plan for implementation after making the following
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ndings, based upon substantial evidence in the record:(1) The plan has been developed consistent with the processidenti
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ed in the planning agreement entered into pursuant toSection 2810, including cooperation with all local agencies thathave
a local agency that has
land use permit authority over theactivities proposed to be addressed in the plan.(2) The plan integrates adaptive management strategies that areperiodically evaluated and modi
f
ed based on the information fromthe monitoring program and other sources, that will assist inproviding for the conservation of covered species and ecosystemswithin the plan area.(3) The plan provides for the protection of habitat, naturalcommunities, and species diversity on a landscape or ecosystemlevel through the creation and long-term management of habitatreserves or other measures that provide equivalent conservationof covered species appropriate for land, aquatic, and marine habitatswithin the plan area.(4) The development of reserve systems and conservationmeasures in the plan area provides, as needed for the conservationof species, all of the following:(A) Conserving, restoring, and managing representative naturaland seminatural landscapes to maintain the ecological integrity of large habitat blocks, ecosystem function, and biological diversity.(B) Establishing one or more reserves or other measures thatprovide equivalent conservation of covered species within the planarea and linkages between them and adjacent habitat areas outsideof the plan area.(C) Protecting and maintaining habitat areas that are largeenough to support sustainable populations of covered species.(D) Incorporating a range of environmental gradients, such asslope, elevation, aspect, and coastal or inland characteristics, andhigh habitat diversity to provide for shifting species distributionsdue to changed circumstances.
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1234567891011121314151617181920212223242526272829303132333435363738(E) Sustaining the effective movement and interchange of organisms between habitat areas in a manner that maintains theecological integrity of the habitat areas within the plan area.(5) The plan identi
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es activities, and any restrictions on thoseactivities, allowed within reserve areas that are compatible withthe conservation of species, habitats, natural communities, andtheir associated ecological functions.(6) The plan contains speci
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c conservation measures that meetthe biological needs of covered species and that are based uponthe best available scienti
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c information regarding the status of covered species and the impacts of permitted activities on thosespecies.(7) The plan contains a monitoring program.(8) The plan contains an adaptive management program.(9) The plan includes the estimated timeframe and process bywhich the reserves or other conservation measures are to beimplemented, including obligations of landowners and plansignatories and consequences of the failure to acquire lands in atimely manner.(10) The plan contains provisions that ensure adequate fundingto carry out the conservation actions identi
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ed in the plan.(b) A natural community conservation plan approved pursuantto this section shall include an implementation agreement thatcontains all of the following:(1) Provisions de
f
ning species coverage, including anyconditions of coverage.(2) Provisions for establishing the long-term protection of anyhabitat reserve or other measures that provide equivalentconservation of covered species.(3) Speci
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c terms and conditions, that, if violated, would resultin the suspension or revocation of the permit, in whole or in part.The department shall include a provision requiring noti
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cation tothe plan participant of a speci
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ed period of time to cure any defaultprior to suspension or revocation of the permit in whole or in part.These terms and conditions shall address, but are not limited to,provisions specifying the actions the department shall take underall of the following circumstances:(A) If the plan participant fails to provide adequate funding.
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SB 1334
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