This chapter shall be known, and may be cited, as the Habitat Restoration and Enhancement Act.
Chapter 6.5Habitat Restoration and Enhancement Act
Section § 1650
This section simply names the chapter as the Habitat Restoration and Enhancement Act. It's how you refer to this part of the law.
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Section § 1651
This section explains key terms related to fish habitat restoration projects. "Fish passage guidelines" refer to specific guidelines for improving habitats as noted in certain manuals and updates. A "habitat restoration or enhancement project" aims to improve fish and wildlife habitats and must meet water quality certification standards. "Project proponent" applies to any individual or organization initiating a restoration project. Lastly, a "species recovery plan" is a guidance document for protecting and recovering endangered species based on scientific data.
As used in this chapter:
(a)CA Fish and Game Code § 1651(a) “Fish passage guidelines” means those guidelines specified in the department’s California Salmonid Stream Habitat Restoration Manual and the National Marine Fisheries Service, Southwest Region, Guidelines for Salmonid Passage at Stream Crossings, and subsequent amendments or updates to either document.
(b)CA Fish and Game Code § 1651(b) “Habitat restoration or enhancement project” means a project with the primary purpose of improving fish and wildlife habitat. A habitat restoration or enhancement project shall meet the eligibility requirements for the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification
for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits a written request pursuant to Section 1652 or 1653. The order or current equivalent may include programmatic waivers or waste discharge requirements for small habitat restoration projects.
(c)CA Fish and Game Code § 1651(c) “Project proponent” means a person, public agency, or nonprofit organization seeking to implement a habitat restoration or enhancement project.
(d)CA Fish and Game Code § 1651(d) “Species recovery plan” means a guidance document prepared by a government agency that identifies recovery actions, based upon the best scientific and commercial data available, necessary for the protection and recovery of listed species.
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Section § 1652
This law allows project proponents to request approval for habitat restoration or enhancement projects if they haven't received certain water quality certifications. The request must include detailed project descriptions, contact information, environmental assessments, and evidence that the project won't harm the environment.
The director has 60 days to approve the project if it meets all necessary criteria, such as voluntary purpose, compliance with restoration guidelines, and no significant cumulative environmental impact. If requirements aren't met, the request may be denied with an explanation.
Once a project is completed, a notice describing the final outcome must be submitted. Monitoring reports are also required to ensure goals are being met, which can be substituted with certain other reports if applicable.
(a)CA Fish and Game Code § 1652(a) A project proponent may submit a written request to approve a habitat restoration or enhancement project to the director pursuant to this section if the project has not received certification pursuant to the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request. If the project has received certification pursuant to that order, or its current equivalent, the project proponent may submit a request for approval of the project pursuant to Section 1653.
(b)CA Fish and Game Code § 1652(b) A written request to approve a habitat restoration or enhancement project pursuant to
this section shall contain all of the following:
(1)CA Fish and Game Code § 1652(b)(1) The name, address, title, organization, telephone number, and email address of the natural person or persons who will be the main point of contact for the project proponent.
(2)CA Fish and Game Code § 1652(b)(2) A full description of the habitat restoration or enhancement project that includes the designs and techniques to be used for the project, restoration or enhancement methods, an estimate of temporary restoration- or enhancement-related disturbance, project schedule, anticipated activities, and how the project is expected to result in a net benefit to any affected habitat and species, consistent with paragraph (4) of subdivision (c).
(3)CA Fish and Game Code § 1652(b)(3) An assessment of the project area that provides a description of the existing flora and fauna and the potential presence of sensitive species or habitat. The
assessment shall include preproject photographs of the project area that include a descriptive title, date taken, the photographic monitoring point, and photographic orientation.
(4)CA Fish and Game Code § 1652(b)(4) A geographic description of the project site including maps, land ownership information, and other relevant location information.
(5)CA Fish and Game Code § 1652(b)(5) A description of the environmental protection measures incorporated into the project design, so that no potentially significant adverse effects on the environment, as defined in Section 15382 of Title 14 of the California Code of Regulations, are likely to occur with application of the specified environmental protection measures. Environmental protection measures may include, but are not limited to, appropriate seasonal work limitations, measures to avoid and minimize impacts to water quality and potentially present species protected by state and federal law, and the
use of qualified professionals for standard preconstruction surveys where protected species are potentially present.
(6)CA Fish and Game Code § 1652(b)(6) Substantial evidence to support a conclusion that the project meets the requirements set forth in this section. Substantial evidence shall include references to relevant design criteria and environmental protection measures found in the documents specified in paragraph (4) of subdivision (c).
(7)CA Fish and Game Code § 1652(b)(7) A certifying statement that the project will comply with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), which may include, but not be limited to, the requirements of Section 15333 of Title 14 of the California Code of Regulations.
(c)CA Fish and Game Code § 1652(c) Notwithstanding any other law, within 60 days after receiving a written request to approve a habitat
restoration or enhancement project, the director shall approve a habitat restoration or enhancement project if the director determines that the written request includes all of the required information set forth in subdivision (b), and the project meets all of the following requirements:
(1)CA Fish and Game Code § 1652(c)(1) The project purpose is voluntary habitat restoration and the project is not required as mitigation.
(2)CA Fish and Game Code § 1652(c)(2) The project is not part of a regulatory permit for a nonhabitat restoration or enhancement construction activity, a regulatory settlement, a regulatory enforcement action, or a court order.
(3)CA Fish and Game Code § 1652(c)(3) The project meets the eligibility requirements of the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the
time the project proponent submits the written request, but has not received certification pursuant to that order or its equivalent.
(4)CA Fish and Game Code § 1652(c)(4) The project is consistent with, or identified in, sources that describe best available restoration and enhancement methodologies, including one or more of the following:
(A)CA Fish and Game Code § 1652(c)(4)(A) Federal- and state-listed species recovery plans or published protection measures, or previously approved department agreements and permits issued for voluntary habitat restoration or enhancement projects.
(B)CA Fish and Game Code § 1652(c)(4)(B) Department and National Marine Fisheries Service fish screening criteria or fish passage guidelines.
(C)CA Fish and Game Code § 1652(c)(4)(C) The department’s California Salmonid Stream Habitat Restoration Manual.
(D)CA Fish and Game Code § 1652(c)(4)(D) Guidance documents and practice manuals that describe best available habitat restoration or enhancement methodologies that are utilized or approved by the department.
(5)CA Fish and Game Code § 1652(c)(5) The project will not result in cumulative adverse environmental impacts that are significant when viewed in connection with the effects of past, current, or probable future projects.
(d)CA Fish and Game Code § 1652(d) If the director determines that the written request does not contain all of the information required by subdivision (b), or fails to meet the requirements set forth in subdivision (c), or both, the director shall deny the written request and inform the project proponent of the reason or reasons for the denial.
(e)CA Fish and Game Code § 1652(e) The project proponent shall submit a notice of completion to the department no later than 30 days after the project approved pursuant to
this section is completed. The notice of completion shall demonstrate that the project has been carried out in accordance with the project’s description. The notice of completion shall include a map of the project location, including the final boundaries of the restoration area or areas and postproject photographs. Each photograph shall include a descriptive title, date taken, photographic monitoring point, and photographic orientation.
(f)CA Fish and Game Code § 1652(f) The project proponent shall submit a monitoring report describing whether the restoration project is meeting each of the restoration goals stated in the project application. Each report shall include photographs with a descriptive title, date taken, photographic monitoring point, and photographic orientation. The monitoring reports for Section 401 Water Quality Certification or waste discharge requirements of the State Water Resources Control Board or a regional water quality control board, or for department
or federal voluntary habitat restoration programs, including, but not limited to, the Fisheries Restoration Grant Program, may be submitted in lieu of this requirement.
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Section § 1653
This law section outlines the process for someone who wants to carry out a habitat restoration or enhancement project in California. To get approval, a project leader must already have a certification from the State Water Resources Control Board and submit a detailed written request to the director. This request must include several documents, such as notices of applicability and intent, a description of measures to protect species, and any required fees. Once the director receives this notice, they have to announce it publicly and decide within 30 days if the application is complete. If incomplete, the project might be processed under a different section. The applicant also needs to submit a monitoring plan and report as per board requirements. This ensures that small-scale restoration projects are executed responsibly.
(a)CA Fish and Game Code § 1653(a) A project proponent may submit a written request to approve a habitat restoration or enhancement project to the director pursuant to this section if the project has received certification pursuant to the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request.
(b)CA Fish and Game Code § 1653(b) A written request to approve a habitat restoration or enhancement project pursuant to this section shall include all of the following:
(1)CA Fish and Game Code § 1653(b)(1) Notice that the project proponent has received a notice of applicability that
indicates that the project is authorized pursuant to the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its equivalent at the time the project proponent submits the written request.
(2)CA Fish and Game Code § 1653(b)(2) A copy of the notice of applicability.
(3)CA Fish and Game Code § 1653(b)(3) A copy of the notice of intent provided to the State Water Resources Control Board or a regional water quality control board.
(4)CA Fish and Game Code § 1653(b)(4) A description of species protection measures incorporated into the project design, but not already included in the notice of intent, to avoid and minimize impacts to potentially present species protected by state and federal law, such as appropriate seasonal work limitations and the use of qualified professionals for standard preconstruction surveys where
protected species are potentially present.
(5)CA Fish and Game Code § 1653(b)(5) The fees required pursuant to Section 1655.
(c)CA Fish and Game Code § 1653(c) Upon receipt of the notice specified in paragraph (1) of subdivision (b), the director shall immediately have published in the General Public Interest section of the California Regulatory Notice Register the receipt of that notice.
(d)CA Fish and Game Code § 1653(d) Within 30 days after the director has received the notice of applicability described in subdivision (b), the director shall determine whether the written request accompanying the notice of applicability is complete.
(e)CA Fish and Game Code § 1653(e) If the director determines within that 30-day period, based upon substantial evidence, that the written request is not complete, then the project may be authorized under Section 1652.
(f)CA Fish and Game Code § 1653(f) The director shall immediately publish the determination pursuant to subdivision (d) in the General Public Interest section of the California Regulatory Notice Register.
(g)CA Fish and Game Code § 1653(g) The project proponent shall submit the monitoring plan, monitoring report, and notice of completion to the department as required by the State Water Resources Control Board’s Order for Clean Water Act Section 401 General Water Quality Certification for Small Habitat Restoration Projects, or its current equivalent at the time the project proponent submits the written request. The order or its current equivalent may include programmatic waivers or waste discharge requirements for small scale restoration projects.
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Section § 1654
If a habitat restoration or enhancement project is approved by the director, it replaces any other permits or approvals needed from the department. This does not increase the scope of projects requiring department approval.
If a project's circumstances change significantly, making it inconsistent with specific requirements, the director can suspend its implementation. The project organizer will be informed of the suspension, which is not permanent unless suspended first.
The project organizer has 30 days to contest this suspension, offer solutions, or prove compliance. The director then has 30 days to decide whether to revoke or continue the suspension.
The department and other state agencies are protected from liability concerning any decisions or authorizations under this law.
(a)CA Fish and Game Code § 1654(a) The director’s approval of a habitat restoration or enhancement project pursuant to Section 1652 or 1653 shall be in lieu of any other permit, agreement, license, or other approval issued by the department, including, but not limited to, those issued pursuant to Chapter 6 (commencing with Section 1600) and Chapter 10 (commencing with Section 1900) of this division and Chapter 1.5 (commencing with Section 2050) of Division 3.
(b)CA Fish and Game Code § 1654(b) This chapter shall not be construed as expanding the scope of projects requiring a permit, agreement, license, or other approval issued by the department.
(c)Copy CA Fish and Game Code § 1654(c)
(1)Copy CA Fish and Game Code § 1654(c)(1) If the director determines at any time that the
project is no longer consistent with subdivision (c) of Section 1652 or subdivision (b) of Section 1653, as applicable, due to a material change between the project as submitted and the project being implemented or a change in the environmental circumstances in the area of implementation, the director shall notify the project proponent in writing and project implementation shall be suspended. Written notice from the director shall be delivered in person, by certified mail, or by electronic communication to the project proponent and shall specify the reasons why approval of the project was suspended. The approval for a project shall not be revoked pursuant to this subdivision unless it has first been suspended pursuant to this subdivision.
(2)CA Fish and Game Code § 1654(c)(2) Within 30 days of receipt of a notice of suspension, the project proponent may file an objection with the director. Any objection shall be in writing and state the reasons why the project proponent objects
to the suspension. The project proponent may provide additional environmental protection measures, design modifications, or other evidence that the project is consistent with subdivision (c) of Section 1652 or subdivision (b) of Section 1653, as applicable, and request that the notice of suspension be lifted and approval granted.
(3)CA Fish and Game Code § 1654(c)(3) The director shall revoke approval or lift the suspension of project approval within 30 days after receiving the project proponent’s objection pursuant to paragraph (2).
(d)CA Fish and Game Code § 1654(d) Pursuant to Section 818.4 of the Government Code, the department and any other state agency exercising authority under this section shall not be liable with regard to any determination or authorization made pursuant to this section.
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Section § 1655
This law establishes the Habitat Restoration and Enhancement Account within the Fish and Game Preservation Fund.
The department can receive money from public and private sources for projects related to the chapter's goals. These funds are additional to existing resources and are used for project administration and permitting.
The department will charge an application fee for project submissions, but the fee can't exceed the department's project costs.
Money from this account can be used by the department, if the Legislature approves, to manage and carry out these projects.
(a)CA Fish and Game Code § 1655(a) The Habitat Restoration and Enhancement Account is hereby created in the Fish and Game Preservation Fund.
(b)CA Fish and Game Code § 1655(b) The department may enter into an agreement to accept funds from any public agency, person, business entity, or organization to achieve the purposes of this chapter. The department shall deposit any funds so received in the account. The funds received shall supplement existing resources for department administration and permitting of projects and programs included in this chapter.
(c)CA Fish and Game Code § 1655(c) The department shall assess an application fee for a project submitted to the department pursuant to Section 1652 or 1653 consistent with the fees
adopted by the department pursuant to Chapter 6 (commencing with Section 1600), but the application fee shall not exceed the reasonable administrative and implementation costs of the department relating to the project.
(d)CA Fish and Game Code § 1655(d) Moneys in the account shall be available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing this chapter.
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Section § 1656
This law requires the department to create and submit two reports to the Legislature, one by December 31, 2020, and another by December 31, 2025. These reports must cover how a specific program is being implemented, including details like the number and type of approved projects, where they are located, how adequate the funding is, and any suggestions for improvement. The reports must comply with certain submission standards outlined in another part of the Government Code.
(a)CA Fish and Game Code § 1656(a) The department shall submit a report no later than December 31, 2020, and an additional report no later than December 31, 2025, on the implementation of this chapter to the Legislature that shall include, but not be limited to, the number, type, and geographical distribution of approved projects, funding adequacy, and recommendations for changes and improvements in the program.
(b)CA Fish and Game Code § 1656(b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
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Section § 1657
This law is set to expire on January 1, 2027, and will be removed from the books on that date.
This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed.
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