A new California law extends until January 1, 2032 the Department of Fish and Wildlife's single approval for habitat restoration projects, and changes the application, species protection, and fee rules.
The habitat restoration approval program, now set to end January 1, 2027, would continue until January 1, 2032, with a department report to the Legislature by December 31, 2029.
The definition of a qualifying project and the application contents are revised, and the department takes over the director's duties under the Act.
Approval would cover harm only to species the sponsor lists, and the department must make sure each approved project includes measures to avoid and reduce harm to protected species.
Application fees would keep following the department's existing fees until it sets its own fee schedule by January 1, 2030, capped at its reasonable costs.
The department would no longer publish certain application information in the state notice register, and the provisions requiring it to suspend certain projects would be removed.
The Habitat Restoration and Enhancement Act would stay in effect until January 1, 2032, and the department would report on how it is working. The Act lets a project sponsor seek the department's approval for a project whose main purpose is improving habitat. The report must cover the number, type, and location of approved projects, funding adequacy, and recommended changes. The Act ends January 1, 2032, and the report is due by December 31, 2029.
The bill would change who qualifies and what an application must include, and would give the department the director's duties. A qualifying project must mainly improve habitat for native fish, wildlife, or plant species and meet the State Water Resources Control Board's small habitat restoration certification requirements. Applications include project design, an area assessment with photos, any surveys, species that may be taken, protection measures, and a CEQA statement. The department must approve or deny within 60 days, or 30 days for projects that already have the water board certification.
Department approval would authorize harm to only the species the project sponsor listed, and the department must make sure each approved project has measures to avoid and limit harm to protected species. It applies to every project approved under the Act. Approval still stands in place of other department permits, agreements, licenses, and approvals. Sponsors must list the species that may be taken, the type of take, and how it would occur.
Until the department sets its own fee schedule, application fees would match its other fees under its streambed alteration rules. The department must set a fee schedule for approval requests, which may be graduated. Fees may not exceed the department's reasonable costs for the projects. After the schedule is set, fees are adjusted every year. The fee schedule is due on or before January 1, 2030.
The bill would end the public notice publishing step for certified projects and the provisions that required suspending a project. The notice step applied to projects with the water board certification. The suspension provisions applied under certain circumstances.
No hearings or votes scheduled.