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 Bill Text - AB-807 Conservation and mitigation bank: marine artificial reefs.

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 |Add To My Favorites |Track Bill | Version: 02/18/25 - Introduced

 AB-807 Conservation and mitigation bank: marine artificial reefs.(2025-2026)

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 Date Published: 02/18/2025 09:00 PM

AB807:v99#DOCUMENTBill Start

 CALIFORNIA LEGISLATURE—
 2025–2026 REGULAR SESSION

 Assembly Bill

No. 807

Introduced by Assembly Member Dixon

February 18, 2025

 An act to amend Section 1797.5 of, and to add Section 1799.2 to, the Fish and Game Code, relating to marine artificial reefs. 

LEGISLATIVE COUNSEL'S DIGEST

AB 807, as introduced, Dixon.
 Conservation and mitigation bank: marine artificial reefs.

Existing law provides that mitigation banks and conservation banks provide for the conservation of important habitats and habitat linkages, take advantage of economies of scale that are often not available to individualized mitigation projects, and simplify the state regulatory compliance process while achieving conservation goals. Existing law provides that no conservation bank, mitigation bank, or conservation and mitigation bank is operative, vested, or final, nor bank credits issued, until the Department of Fish and Wildlife has approved in writing and a conservation easement has been recorded on the site. Existing law authorizes banks to issue and sell bank credits to private and public entities. Existing law defines “conservation bank” and “mitigation bank” for these purposes.

This bill would expand the definition of “conservation bank” and
 “mitigation bank” to include marine artificial reefs. The bill would authorize a person to, after completion of a full environmental review in compliance with applicable California and federal laws and regulations, create a marine artificial reef for purposes of establishing a mitigation or conservation bank. The bill would clarify that both nonprofit and for-profit organizations are authorized to establish and operate a conservation bank, mitigation bank, or conservation and mitigation bank. The bill would provide that if a marine artificial reef is located on state sovereign land then a lease is required from the State Lands Commission, as provided. The bill would provide that the lease from the commission would satisfy the requirements for a bank enabling instrument and for the department to grant a conservation easement.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1797.5 of the Fish and Game Code is amended to read:

1797.5.

 For the purposes of this chapter, the following terms shall have the following meanings:

(a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank.

(b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank.

(c) “Bank sponsor” means the person or entity responsible for establishing and operating a bank.

(d) “Conservation bank” means a publicly or privately owned and operated site
 site, including a marine artificial reef, that is to be conserved and managed in accordance with a written agreement with the department that includes provisions for the issuance of credits, on which important habitat, including habitat for threatened, endangered, or other special status species, exists, has been, or will be created to do any of the following:

(1) Compensate for take or other adverse impacts of activities authorized pursuant to Chapter 1.5 (commencing with Section 2050) of Division 3.

(2) Reduce adverse impacts to fish or wildlife resources from activities, authorized pursuant to Chapter 6 (commencing with Section 1600) of Division 2, to less than substantial.

(3) Mitigate significant effects on the environment pursuant to the California Environmental Quality
 Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and Guidelines for Implementation of the California Environmental Quality Act (Chapter 3 (commencing with Section 15000) of Division 6 of Title 14 of the California Code of Regulations).

(4) Establish mitigation in advance of any impacts or effects.

(5) To the extent feasible and practicable, protect habitat connectivity for fish and wildlife resources for purposes of this section.

(e) “Conservati