AdministrationBarriers to Wildlife Movement

Section § 158

Explanation

This section explains certain definitions used for assessing areas important for wildlife connectivity. "Connectivity area" refers to regions vital for the movement and survival of special status species identified by agencies under federal and California laws. These areas are critical for fish and wildlife to move between natural landscapes and include features like migration routes, corridors, and places with high wildlife mortality from roads. "Natural landscape areas" are pristine habitats crucial for native species. "Permeability" is about how well structures let wildlife pass to these areas. Wildlife passage features include infrastructure like bridges and culverts designed to help animals cross highways safely.

For purposes of this article, the following definitions apply:
(a)CA Streets And Highways Code § 158(a) “Connectivity area” includes any of the following:
(1)CA Streets And Highways Code § 158(a)(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(2)CA Streets And Highways Code § 158(a)(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:
(A)CA Streets And Highways Code § 158(a)(2)(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.
(B)CA Streets And Highways Code § 158(a)(2)(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.
(C)CA Streets And Highways Code § 158(a)(2)(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.
(D)CA Streets And Highways Code § 158(a)(2)(D) Known areas of high wildlife mortality due to transportation infrastructure.
(E)CA Streets And Highways Code § 158(a)(2)(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.
(F)CA Streets And Highways Code § 158(a)(2)(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.
(G)CA Streets And Highways Code § 158(a)(2)(G) Areas where habitat of adjacent lands is currently in good condition.
(H)CA Streets And Highways Code § 158(a)(2)(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.
(I)CA Streets And Highways Code § 158(a)(2)(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.
(3)CA Streets And Highways Code § 158(a)(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.
(b)CA Streets And Highways Code § 158(b) “Fish” means fish as defined in Section 45 of the Fish and Game Code.
(c)CA Streets And Highways Code § 158(c) “Natural landscape area” means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.
(d)CA Streets And Highways Code § 158(d) “Permeability” means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.
(e)CA Streets And Highways Code § 158(e) “Wildlife” means wildlife as defined in Section 89.5 of the Fish and Game Code.
(f)CA Streets And Highways Code § 158(f) “Wildlife passage features” means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other features, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the feature and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.
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Section § 158.1

Explanation

This law requires a comprehensive review of California's state highway system to improve wildlife connectivity. The aim is to protect wildlife and natural resources by implementing measures that facilitate safe wildlife movement and reduce vehicle collisions with animals. The review will involve public input and collaboration with the Department of Fish and Wildlife.

The department must create an inventory of areas needing wildlife passage structures on highways. These structures will enhance wildlife movement, improve safety, and support species survival, especially those that are threatened or endangered. Factors considered will include cost, land acquisition, public support, and the impact on climate resilience and species recovery.

The inventory and projects list must be published by July 1, 2024, and updated every two years at a minimum.

(a)CA Streets And Highways Code § 158.1(a) It is the intent of the Legislature that the department review the full extent of the state highway system, as currently maintained, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data input for consideration, to develop a comprehensive approach to address wildlife connectivity needs throughout the state with the goal of implementing measures that protect, conserve, and improve the state’s unique wildlife, landscapes, and natural resources.
(b)CA Streets And Highways Code § 158.1(b) In consultation with the Department of Fish and Wildlife and other appropriate agencies, the department shall establish an inventory of connectivity needs on the state highway system where the implementation of wildlife passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory of connectivity needs, the department, in consultation with the Department of Fish and Wildlife and other appropriate agencies, shall consider all of the following factors:
(1)CA Streets And Highways Code § 158.1(b)(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.
(2)CA Streets And Highways Code § 158.1(b)(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:
(A)CA Streets And Highways Code § 158.1(b)(2)(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.
(B)CA Streets And Highways Code § 158.1(b)(2)(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.
(C)CA Streets And Highways Code § 158.1(b)(2)(C) Public support for associated transportation projects.
(D)CA Streets And Highways Code § 158.1(b)(2)(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.
(3)CA Streets And Highways Code § 158.1(b)(3) Whether the implementation of wildlife passage features would do any of the following:
(A)CA Streets And Highways Code § 158.1(b)(3)(A) Substantially increase climate-resilient wildlife connectivity.
(B)CA Streets And Highways Code § 158.1(b)(3)(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.
(C)CA Streets And Highways Code § 158.1(b)(3)(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:
(i)CA Streets And Highways Code § 158.1(b)(3)(C)(i) Species listed as a threatened species or endangered species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(ii)CA Streets And Highways Code § 158.1(b)(3)(C)(ii) Species listed as a candidate species, threatened species, or endangered species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(iii)CA Streets And Highways Code § 158.1(b)(3)(C)(iii) Species at risk from highways and habitat fragmentation.
(4)CA Streets And Highways Code § 158.1(b)(4) Any other relevant considerations, as determined by the department.
(c)CA Streets And Highways Code § 158.1(c) No later than July 1, 2024, the department shall develop and publish, on its internet website, the inventory and a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the inventory and the project list biennially, at a minimum, and may update the inventory or the list more often, as needed.
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Section § 158.2

Explanation

This law requires any new highway project in designated wildlife connectivity areas starting on or after July 1, 2025, to assess and address how the project might affect wildlife movement. The Department of Transportation must work with the Department of Fish and Wildlife to identify barriers to wildlife and suggest ways to improve these crossings. These assessments can use federal and state conservation guidelines and must result in solutions to minimize impact on wildlife. Emergency projects and certain safety-focused projects are only subject to these requirements if they are feasible, practical, and cost-effective. Additionally, the department can use mitigation credits for compliance if approved. A public list of projects needing remediation, including details on wildlife passage, must be maintained and updated at least every two years.

(a)Copy CA Streets And Highways Code § 158.2(a)
(1)Copy CA Streets And Highways Code § 158.2(a)(1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.
(2)CA Streets And Highways Code § 158.2(a)(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.
(3)CA Streets And Highways Code § 158.2(a)(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(4)CA Streets And Highways Code § 158.2(a)(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.
(5)CA Streets And Highways Code § 158.2(a)(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife passage features are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.
(b)CA Streets And Highways Code § 158.2(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:
(1)CA Streets And Highways Code § 158.2(b)(1) Emergency projects.
(2)CA Streets And Highways Code § 158.2(b)(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.
(c)CA Streets And Highways Code § 158.2(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.
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Section § 158.3

Explanation

By July 1, 2025, the department must revise the Highway Design Manual and other design guidelines. These updates should include plans and specifications for features that help wildlife cross highways safely.

On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications as appropriate.
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Section § 158.4

Explanation

This law establishes the Transportation Wildlife Connectivity Remediation Program, run by the transportation department with input from the Department of Fish and Wildlife. The program aims to improve how wildlife can move across transportation areas like highways. Once the legislature provides the funds, a series of projects will be developed to enhance wildlife connectivity.

The guidelines for the program will be created with public input and are free from certain administrative procedures. Funding decisions will consider wildlife benefits and combining connectivity projects with planned roadwork for efficiency. Projects must address wildlife connectivity needs that have already been identified.

Potential projects might include installing specific fencing, using technology to help animals cross safely, and constructing overpasses or tunnels for wildlife. The transportation department can earn certain credits if the Department of Fish and Wildlife agrees.

(a)CA Streets And Highways Code § 158.4(a) The Transportation Wildlife Connectivity Remediation Program is hereby established to be administered by the department, in consultation with the Department of Fish and Wildlife, for the purposes of improving wildlife connectivity across transportation systems in connectivity areas.
(b)CA Streets And Highways Code § 158.4(b) Upon appropriation of funds by the Legislature, the department shall develop a program of projects that support the remediation and improvement of wildlife connectivity across transportation systems, including the state highway system, in accordance with this section.
(c)Copy CA Streets And Highways Code § 158.4(c)
(1)Copy CA Streets And Highways Code § 158.4(c)(1) The department, in concurrence with the Department of Fish and Wildlife, shall develop guidelines for the implementation of the program, following one or more public workshops and an opportunity for the public to provide written comments. The guidelines for the program are exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(2)CA Streets And Highways Code § 158.4(c)(2) The guidelines for the program shall establish selection criteria including the factors set forth in subdivision (b) of Section 158.1 with consideration given to funding wildlife connectivity improvements as standalone projects or funding those improvements on the department’s planned projects, including, but not limited to, maintenance and operations projects, to achieve efficiencies in addressing wildlife connectivity needs identified pursuant to subdivision (d).
(d)CA Streets And Highways Code § 158.4(d) A project funded by the program shall address a wildlife connectivity need identified in the inventory of connectivity needs for the state highway system established pursuant to Section 158.1 or another documented wildlife connectivity need across transportation infrastructure in a connectivity area.
(e)CA Streets And Highways Code § 158.4(e) A project funded by this program may include, but is not limited to, any of the following:
(1)CA Streets And Highways Code § 158.4(e)(1) The placement of exclusion and directional fencing.
(2)CA Streets And Highways Code § 158.4(e)(2) The use of advanced technology to improve the safety of wildlife crossing transportation infrastructure.
(3)CA Streets And Highways Code § 158.4(e)(3) The construction of wildlife-friendly underpasses, overpasses, culverts, and elevated sections of road in key wildlife connectivity areas.
(f)CA Streets And Highways Code § 158.4(f) The department may receive compensatory mitigation credits pursuant to Section 1957 of the Fish and Game Code for the implementation of a project in this program if the Department of Fish and Wildlife concurs with the creation of those credits.
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Section § 158.5

Explanation

This law requires the department to submit a report to the Legislature by July 1, 2028, detailing their progress in addressing wildlife connectivity needs along state highways. The report should include an assessment of wildlife connectivity impacts, improvements for transportation projects, updates to design guidance for wildlife passage, and funding sources. It must also describe the consultation process with wildlife agencies and note any major achievements or challenges. This section expires on July 1, 2032, and will be repealed on January 1, 2033.

(a)CA Streets And Highways Code § 158.5(a) The department shall submit a report to the relevant policy committees and the budget committees of the Legislature, in compliance with Section 9795 of the Government Code, on or before July 1, 2028, on the implementation of this article. The report shall include recommendations for this article and describe the status of the department’s progress in doing all of the following:
(1)CA Streets And Highways Code § 158.5(a)(1) Developing an inventory of wildlife connectivity needs on the state highway system pursuant to Section 158.1.
(2)CA Streets And Highways Code § 158.5(a)(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.
(3)CA Streets And Highways Code § 158.5(a)(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.
(4)CA Streets And Highways Code § 158.5(a)(4) Updating appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife passage features and related standard plans and specifications pursuant to Section 158.3.
(5)CA Streets And Highways Code § 158.5(a)(5) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.
(6)CA Streets And Highways Code § 158.5(a)(6) Funding wildlife connectivity improvements, including total funding amount by fund source for these improvements and a list of improvements that have been funded since the enactment of this article.
(b)CA Streets And Highways Code § 158.5(b) The report shall also include information regarding both of the following:
(1)CA Streets And Highways Code § 158.5(b)(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.
(2)CA Streets And Highways Code § 158.5(b)(2) Significant accomplishments or obstacles to meeting the objectives of the article.
(c)CA Streets And Highways Code § 158.5(c) Pursuant to Section 10231.5 of the Government Code, this section shall become inoperative on July 1, 2032, and, as of January 1, 2033, is repealed.
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