AB 1581 — Conservation: Restoration Management Permit Act and California State Safe Harbor Agreement Program Act.

Summary

(1) Existing law, commonly known as the Lake and Streambed Alteration Program, 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 or disposing of certain material where it may pass into any river, stream, or lake, unless certain requirements are met. Existing law also prohibits the take or possession of certain species, including, among others, a fully protected fish, except as provided. This bill, the Restoration Management Permit Act, would authorize the department to (1) issue a restoration management permit to authorize the take, possession, import, or export of any species or subspecies of fish, wildlife, or plants in association with a management or propagation project that, among other things, has the primary purpose of restoring native fish, wildlife, plants, or their habitat and (2) authorize any impacts to fish and wildlife resources as a result of activities otherwise subject to the Lake and Streambed Alteration Program, as provided. The bill would exempt these management or propagation projects from various legal requirements, including, among others, the above-described prohibitions regarding the take or possession of fully protected fish, as specified. The bill would authorize the department to develop permit applications for restoration management permits and would require permit applications to contain specified information. The bill would prohibit the department from issuing a restoration management permit for the design, construction, operation, mitigation, or maintenance of isolated Delta conveyance facilities. This bill would establish the Restoration Management Permit Program Fund in the State Treasury. The bill would authorize the department to establish a schedule of fees to be charged for all or a portion of the department's costs relating to the administration of restoration management permits, as provided. The bill would require the department to post on its internet website a list and description of every qualifying restoration project permitted by the department and would require the department to, on or before January 1, 2034, submit a report to the Legislature that evaluates the impacts and outcomes of the act on the pace and scale of restoration projects. The bill would repeal the above-described provisions on January 1, 2035. The bill would also make related findings and declarations. (2) The California State Safe Harbor Agreement Program Act establishes a program to encourage landowners to manage their lands voluntarily, by means of state safe harbor agreements approved by the Department of Fish and Wildlife, to benefit endangered, threatened, or candidate species, or declining or vulnerable species, without being subject to additional regulatory restrictions as a result of their conservation efforts. Existing law, for purposes of the California State Safe Harbor Agreement Program Act, defines "landowner" to mean any person or nonstate or federal entity or entities that lawfully hold any interest in land or water to which they are committing to implement the requirements of the act. The act provides that, if a federal safe harbor agreement or a federal candidate conservation agreement with assurances contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to the California Endangered Species Act, no further authorization or approval is necessary to take the species in accordance with the federal agreement, as provided. This bill would revise the definition of "landowner" for these purposes to additionally include state entities. The bill would additionally provide that, if a federal conservation benefit agreement with an enhancement of survival permit contains species that are endangered, threatened, candidate, or declining or vulnerable species pursuant to the California Endangered Species Act, no further authorization or approval is necessary to take the species identified in and in accordance with the federal agreement, as specified. (3) Under existing law, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under that code, is a misdemeanor, unless otherwise specified. To the extent that this bill's provisions create new crimes, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

• Chaptered 09/27/24 - Chaptered Current pdf September 27, 2024
• Enrolled 09/04/24 - Enrolled pdf September 04, 2024
• Amended 08/23/24 - Amended Senate pdf August 23, 2024
• Amended 08/15/24 - Amended Senate pdf August 15, 2024
• Amended 06/27/24 - Amended Senate pdf June 27, 2024
• Amended 06/06/24 - Amended Senate pdf June 06, 2024
• Amended 04/07/23 - Amended Assembly pdf April 07, 2023
• Amended 03/16/23 - Amended Assembly pdf March 16, 2023
• Introduced 02/17/23 - Introduced pdf February 17, 2023
• AB1581 View text html

Action History

1. September 27, 2024

   Chaptered by Secretary of State - Chapter 681, Statutes of 2024.

2. September 27, 2024

   Approved by the Governor.

3. September 11, 2024

   Enrolled and presented to the Governor at 4 p.m.

4. August 30, 2024

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).

5. August 29, 2024

   From committee: That the Senate amendments be concurred in. (Ayes 12. Noes 0.) (August 29).

6. August 29, 2024

   Joint Rule 62(a) suspended.

7. August 29, 2024

   Re-referred to Com. on W., P., & W. pursuant to Assembly Rule 77.2.

8. August 28, 2024

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 30 pursuant to Assembly Rule 77.

9. August 28, 2024

   Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.).

10. August 26, 2024

    Read second time. Ordered to third reading.

11. August 23, 2024

    Read third time and amended. Ordered to second reading.

12. August 19, 2024

    Read second time. Ordered to third reading.

13. August 15, 2024

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

14. August 15, 2024

    From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 15).

15. August 05, 2024

    In committee: Referred to APPR suspense file.

16. June 27, 2024

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

17. June 26, 2024

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 10. Noes 0.) (June 25).

18. June 13, 2024

    In committee: Set, second hearing. Hearing canceled at the request of author.

19. June 06, 2024

    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.

20. July 03, 2023

    In committee: Set, first hearing. Hearing canceled at the request of author.

21. June 14, 2023

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

22. June 01, 2023

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

23. May 31, 2023

    Read third time. Passed. Ordered to the Senate. (Ayes 80. Noes 0. Page 2050.)

24. May 18, 2023

    Read second time. Ordered to third reading.

25. May 18, 2023

    From committee: Do pass. (Ayes 15. Noes 0.) (May 18).

26. May 18, 2023

    Joint Rule 62(a), file notice suspended. (Page 1580.)

27. May 17, 2023

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

28. May 10, 2023

    In committee: Hearing postponed by committee.

29. May 03, 2023

    In committee: Hearing postponed by committee.

30. April 19, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 14. Noes 0.) (April 18). Re-referred to Com. on APPR.

31. April 19, 2023

    Coauthors revised.

32. April 10, 2023

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

33. April 07, 2023

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

34. March 20, 2023

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

35. March 16, 2023

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

36. March 16, 2023

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

37. February 18, 2023

    From printer. May be heard in committee March 20.

38. February 17, 2023

    Read first time. To print.

Sponsors

• Ash Kalra · Primary
• Mathis · Cosponsor

Votes

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