California 2015-2016 Regular Session Status: Enacted

AB 2087 — Regional conservation investment strategies.

Last action — Chaptered by Secretary of State - Chapter 455, Statutes of 2016.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2016. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 70% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 8 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Under existing law, the department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the department may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the department of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. This bill would authorize the department, or any other public agency, to propose a regional conservation investment strategy, to be developed in consultation with applicable local agencies that have land use authority, for the purpose of informing science-based nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species and providing voluntary nonbinding guidance for various activities. The bill would authorize the department to approve a regional conservation investment strategy only if one or more state agencies request approval of the strategy through a letter sent to the Director of Fish and Wildlife, as prescribed. The bill would require the strategy to contain specified information and would authorize the strategy to include a regional conservation assessment proposed by the department or any other public agency and approved by the department. The bill would authorize the department to approve a regional conservation investment strategy or amended strategy for an initial period of up to 10 years after a public meeting and a public comment period regarding the proposed strategy or amended strategy have been held and after it finds that the strategy meets certain requirements. The bill would authorize a conservation action and a habitat enhancement action that measurably advance the conservation objectives of an approved strategy and that meet other specified requirements to be used to create mitigation credits. The bill would authorize these mitigation credits to be used to fulfill compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency, including compensatory mitigation requirements to compensate for take or other adverse impacts of activities authorized pursuant to the California Endangered Species Act, to reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to a lake or streambed alteration agreement to less than substantial, or to mitigate significant effects on the environment pursuant to the California Environmental Quality Act. To create these mitigation credits, the bill would require a person or entity to enter into a mitigation credit agreement with the department that meets specified requirements. The bill would prohibit the release of mitigation credits for use, sale, or transfer under a mitigation credit agreement unless the department approves the release in accordance with certain requirements. The bill would require the department to collect fees or other compensation from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency that proposes a strategy or a regional conservation assessment, to pay for all or a portion of the department's costs relating to the mitigation credit agreement, proposed strategy, or proposed regional conservation assessment. The bill would authorize the department to adopt guidelines and criteria to aid in the implementation of these provisions and would exempt the adoption of these guidelines and criteria from the Administrative Procedure Act. The bill would require the department to submit a report regarding the implementation of these provisions to the Legislature on or before January 1, 2020. The bill would prohibit the department from approving more than 8 regional conservation investment strategies before January 1, 2020, and would prohibit the department from approving a regional conservation investment strategy or regional conservation assessment on or after January 1, 2020, and from entering into a mitigation credit agreement on or after January 1, 2020.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 455, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2:30 p.m.

  4. Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 24. Page 6581.).

  5. Assembly Rule 63 suspended. (Page 6580.)

  6. In Assembly. Concurrence in Senate amendments pending.

  7. Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 12. Page 5591.).

  8. Ordered to third reading.

  9. (Ayes 26. Noes 11. Page 5585.)

  10. Withdrawn from committee.

  11. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  12. Senate Rule 29.3(b) suspended. (Ayes 26. Noes 10. Page 5565.)

  13. Re-referred to Com. on RLS.

  14. Read second time. Ordered to third reading.

  15. Read third time and amended. Ordered to second reading.

  16. Measure version as amended on August 16 corrected.

  17. Read second time and amended. Ordered to third reading.

  18. From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (August 11).

  19. Referred to APPR. suspense file.

  20. Read second time and amended. Re-referred to Com. on APPR.

  21. From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (June 28).

  22. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  23. Referred to Com. on N.R. & W.

  24. In Senate. Read first time. To Com. on RLS. for assignment.

  25. Read third time. Passed. Ordered to the Senate. (Ayes 52. Noes 20. Page 5249.)

  26. Read second time. Ordered to third reading.

  27. Read second time and amended. Ordered returned to second reading.

  28. From committee: Amend, and do pass as amended. (Ayes 14. Noes 2.) (May 27).

  29. In committee: Set, first hearing. Referred to APPR. suspense file.

  30. From committee: Do pass and re-refer to Com. on APPR. (Ayes 10. Noes 1.) (April 12). Re-referred to Com. on APPR.

  31. Re-referred to Com. on W., P., & W.

  32. From committee chair, with author's amendments: Amend, and re-refer to Com. on W., P., & W. Read second time and amended.

  33. Referred to Com. on W., P., & W.

  34. From printer. May be heard in committee March 19.

  35. Read first time. To print.

Sponsors

  • Levine · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 11 voted No

Sponsors (1)

  • Levine

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 52 Yea · 24 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 471904
Democratic 5000
Republican 0500
Total 522404
% of votes cast 65%30%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Linder — Not Voting
Maienschein — Yea
Mathis — Nay
Mullin — Yea
Nazarian — Yea
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Eggman — Yea
Cooper — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Harper — Nay
Lopez — Yea
Holden — Yea
Jones-Sawyer — Yea
Levine — Yea
Campos — Yea
Atkins — Yea
Low — Yea
Mayes — Nay
McCarty — Yea
Chau — Yea
Medina — Yea
Baker — Yea
Bigelow — Nay
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Melendez — Nay
O'Donnell — Yea
Obernolte — Nay
Olsen — Nay
Rendon — Yea
Ridley-Thomas — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Wood — Yea
Gray — Not Voting
Kim — Nay
Chang — Nay
Steinorth — Nay
Thurmond — Not Voting
Waldron — Nay
Wilk — Nay
Gomez — Yea
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Passed 25 Yea · 12 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 231102
Democratic 2100
Total 251202
% of votes cast 64%31%0%5%
How each member voted (39)
Member Party Vote
Anderson — Nay
Beall — Yea
Hertzberg — Yea
Hueso — Not Voting
Lara — Yea
Liu — Yea
Moorlach — Nay
Pavley — Yea
Vidak — Nay
Fuller — Nay
Galgiani — Yea
Cannella — Nay
Glazer — Yea
Hall — Yea
Hernandez — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Bates — Not Voting
Huff — Nay
Morrell — Nay
Hill — Yea
Block — Yea
Leno — Yea
Leyva — Yea
Mendoza — Yea
Monning — Yea
Nielsen — Nay
Pan — Yea
Roth — Yea
Wieckowski — Yea
Wolk — Yea
Hancock — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Bates — Nay
Mendoza — Yea
Nielsen — Nay
Beall — Yea
Hill — Yea
Lara — Yea
McGuire, Mike Democratic Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6000
Democratic 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Bates — Yea
Hill — Yea
Lara — Yea
Nielsen — Yea
Beall — Yea
Mendoza — Yea
McGuire, Mike Democratic Yea

Official roll call →

Passed 52 Yea · 20 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 471607
Democratic 5000
Republican 0401
Total 522008
% of votes cast 65%25%0%10%
How each member voted (80)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Kim — Nay
Linder — Not Voting
Melendez — Nay
Nazarian — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Ting — Yea
Weber — Yea
Wood — Yea
Eggman — Yea
Cooper — Not Voting
Daly — Yea
Campos — Yea
Jones-Sawyer — Yea
Salas — Yea
Bonilla — Yea
Low — Yea
Medina — Yea
Frazier — Not Voting
Gray — Yea
Gomez — Yea
Lopez — Yea
Gordon — Yea
Hadley — Yea
Harper — Nay
Holden — Yea
Atkins — Yea
Levine — Yea
Burke — Yea
Maienschein — Yea
Mathis — Nay
Mayes — Nay
McCarty — Yea
Mullin — Yea
Chang — Nay
Bigelow — Not Voting
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Dababneh — Yea
Dodd — Yea
O'Donnell — Yea
Obernolte — Nay
Olsen — Not Voting
Ridley-Thomas — Yea
Rodriguez — Yea
Steinorth — Not Voting
Thurmond — Yea
Wagner — Nay
Waldron — Nay
Wilk — Nay
Williams — Yea
Gatto — Yea
Beth Gaines — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Not Voting
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

Do pass as amended.

Passed 14 Yea · 2 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12202
Democratic 2000
Republican 0002
Total 14204
% of votes cast 70%10%0%20%
How each member voted (20)
Member Party Vote
Bloom — Yea
Holden — Yea
Obernolte — Not Voting
Santiago — Yea
Wood — Yea
Eggman — Yea
Bonilla — Yea
Chang — Nay
Bigelow — Nay
Daly — Yea
Quirk — Yea
Wagner — Not Voting
Weber — Yea
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Roger Hernández — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gallagher, James Republican Not Voting
Jones, Brian W. Republican Not Voting

Official roll call →

Passed 10 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 10103
Republican 0001
Total 10104
% of votes cast 67%7%0%27%
How each member voted (15)
Member Party Vote
Bigelow — Not Voting
Mathis — Not Voting
Williams — Yea
Eggman — Yea
Lopez — Yea
Gomez — Yea
Salas — Yea
Dodd — Yea
Harper — Nay
Levine — Yea
Medina — Yea
Olsen — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Gallagher, James Republican Not Voting

Official roll call →

Subjects

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Frequently asked questions

What does AB 2087 do?
Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency. Under existing law, the department has jurisdiction over the conservation, protection, and management of fish, wildlife, native plants, and habitat necessary for biologically sustainable populations of those species. The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the department may authorize the take of listed species if the take is incidental to an otherwise lawful activity and the impacts are minimized and fully mitigated. Existing law prohibits an entity from substantially diverting or obstructing the natural flow of, or substantially changing or using any material from the bed, channel, or bank of, any river, stream, or lake, or from depositing certain material where it may pass into any river, stream, or lake, without first notifying the department of that activity, and entering into a lake or streambed alteration agreement if required by the department to protect fish and wildlife resources. This bill would authorize the department, or any other public agency, to propose a regional conservation investment strategy, to be developed in consultation with applicable local agencies that have land use authority, for the purpose of informing science-based nonbinding and voluntary conservation actions and habitat enhancement actions that would advance the conservation of focal species and providing voluntary nonbinding guidance for various activities. The bill would authorize the department to approve a regional conservation investment strategy only if one or more state agencies request approval of the strategy through a letter sent to the Director of Fish and Wildlife, as prescribed. The bill would require the strategy to contain specified information and would authorize the strategy to include a regional conservation assessment proposed by the department or any other public agency and approved by the department. The bill would authorize the department to approve a regional conservation investment strategy or amended strategy for an initial period of up to 10 years after a public meeting and a public comment period regarding the proposed strategy or amended strategy have been held and after it finds that the strategy meets certain requirements. The bill would authorize a conservation action and a habitat enhancement action that measurably advance the conservation objectives of an approved strategy and that meet other specified requirements to be used to create mitigation credits. The bill would authorize these mitigation credits to be used to fulfill compensatory mitigation requirements established under any state or federal environmental law, as determined by the applicable local, state, or federal regulatory agency, including compensatory mitigation requirements to compensate for take or other adverse impacts of activities authorized pursuant to the California Endangered Species Act, to reduce adverse impacts to fish or wildlife resources, or both, from activities authorized pursuant to a lake or streambed alteration agreement to less than substantial, or to mitigate significant effects on the environment pursuant to the California Environmental Quality Act. To create these mitigation credits, the bill would require a person or entity to enter into a mitigation credit agreement with the department that meets specified requirements. The bill would prohibit the release of mitigation credits for use, sale, or transfer under a mitigation credit agreement unless the department approves the release in accordance with certain requirements. The bill would require the department to collect fees or other compensation from a person or entity that proposes to enter into a mitigation credit agreement, and from a public agency that proposes a strategy or a regional conservation assessment, to pay for all or a portion of the department's costs relating to the mitigation credit agreement, proposed strategy, or proposed regional conservation assessment. The bill would authorize the department to adopt guidelines and criteria to aid in the implementation of these provisions and would exempt the adoption of these guidelines and criteria from the Administrative Procedure Act. The bill would require the department to submit a report regarding the implementation of these provisions to the Legislature on or before January 1, 2020. The bill would prohibit the department from approving more than 8 regional conservation investment strategies before January 1, 2020, and would prohibit the department from approving a regional conservation investment strategy or regional conservation assessment on or after January 1, 2020, and from entering into a mitigation credit agreement on or after January 1, 2020.
Who sponsors AB 2087?
AB 2087 is sponsored by Levine.
What is the current status of AB 2087?
This bill has been enacted into law. Introduced February 17, 2016. Enacted.
Where can I track AB 2087?
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