Official Summary Text
AB 550, as amended, Petrie-Norris.
The California Endangered Species Act:
the California State Safe Harbor Agreement Program Act.
take of species: renewable electrical generation facilities.
The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. The act allows take by permit if, among other things, the impact of the authorized take is fully minimized and mitigated.
This bill would authorize the take, by permit, of declining or vulnerable species. The bill would also provide that an activity that results in a change in baseline conditions and specified renewable energy or decarbonization infrastructure projects are deemed fully mitigated.
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. Under the act these agreements cannot reduce the existing populations of species present at the time of the baseline. The act defines “baseline conditions,” among other terms, and provides that for the purposes of establishing baseline conditions a qualified person that is not employed by the department may conduct habitat surveys, if that person has appropriate species expertise and has been approved by the department.
This bill would provide that approval by the department of the qualified person can occur before or after the habitat survey is conducted by that person. The bill would also define “change in baseline conditions.”
Under the act, the department may authorize acts that are or may
become prohibited by specified law through an agreement if specified conditions are met, including, among others, that the take is incidental to an otherwise lawful activity.
This bill would provide that lawful activity includes, but is not limited to, a change in baseline conditions.
This bill would provide that if an at-risk species, as defined, becomes listed as an endangered, threatened, or candidate species, further authorization or approval shall not be required for a take of that species, if specified conditions are met, including that the potential listing of the at-risk species was anticipated in a permit previously issued by the department for incidental take caused by a renewable electrical generation facility. The bill would authorize the department, in partnership with a permit applicant for an incidental
take caused by a renewable electrical generation facility, to develop a research project that evaluates specified factors. The bill would authorize a research project reviewed and approved by the department to contribute to a renewable electrical generation project’s mitigation, as provided. The bill would require the department to report to the Legislature specified information, including among other things, a report on each at-risk species authorized for take, as provided.