800.6.
(a) The funds in the Advance Mitigation Account shall be used only for the following:(1) Purchase, or fund the purchase of, credits from mitigation banks, conservation banks, or in-lieu fee programs approved by one or more regulatory agencies. The department may also establish mitigation banks, conservation banks, or in-lieu fee programs, or fund the establishment of mitigation banks, conservation banks, or in-lieu fee programs, in accordance with applicable state and federal standards, if the department determines that those banks or in-lieu fee programs would provide appropriate mitigation of the anticipated potential impacts of planned transportation improvements identified pursuant to Section 800.8.
(2) Pay, or fund the payment of, mitigation fees or other costs or payments associated with the department’s or other transportation agency’s projects under natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, or habitat conservation plans approved in accordance with the federal Endangered Species Act. The department shall, upon commencement of a regional conservation investment strategy pursuant to paragraph (3), provide written notification thereof to the executive administrative officer of any administrative draft natural community conservation plan, approved natural community conservation plan, or approved regional federal habitat conservation plan that overlaps the proposed area of the regional conservation investment strategy.
(3) Prepare, or fund the preparation of, regional conservation
assessments and regional conservation investment strategies. Where a regional conservation investment strategy has been approved by the Department of Fish and Wildlife, the department may do either of the following:
(A) Enter into, or fund the preparation of, mitigation credit agreements with the Department of Fish and Wildlife; purchase credits from an established mitigation credit agreement; or implement, or fund the implementation of, conservation actions and habitat enhancement actions as needed to generate mitigation credits pursuant to those mitigation credit agreements.
(B) Acquire, restore, manage, monitor, enhance, and preserve lands, waterways, aquatic resources, or fisheries, or fund the acquisition, restoration, management, monitoring, enhancement, and preservation of lands, waterways, aquatic resources, or fisheries that would measurably advance a conservation
objective in the regional conservation investment strategy if the department concludes that the action or actions could conserve or create environmental values that are appropriate to mitigate the anticipated potential impacts of planned transportation improvements.
(4) Where the advance mitigation mechanisms in paragraphs (1) to (3), inclusive, are not practicable, the department may implement advance mitigation, or fund the implementation of advance mitigation, in accordance with a programmatic mitigation plan pursuant to Section 800.9. No more than 10 percent of the funds in the Advance Mitigation Account may be allocated for this purpose over a four-year period.
(b) The department may use, or allow other transportation agencies to use, mitigation credits or values generated or obtained under the program to fulfill the mitigation requirements of planned transportation
improvements if the applicable transportation agency reimburses the program for all costs of purchasing or creating the mitigation credits or values, as determined by the department. Those costs shall be calculated using total cost accounting and shall include, as applicable, land acquisition or conservation easement costs, monitoring and enforcement costs, restoration costs, transaction costs, administrative costs, contingency costs, and land management, monitoring, and protection costs.
(c) The department shall track all implemented advance mitigation projects to use as credits for environmental mitigation.
(d) Projects or plans prepared pursuant to this section that overlap with any approved natural community conservation plan or approved regional federal habitat conservation plan, shall be consistent with that plan and shall include an explanation of whether and to what
extent they are consistent with any overlapping state or federal recovery plan, or other state-approved or federal-approved conservation strategy.
(e) Mitigation credits created pursuant to this section may be used for covered activities under an approved natural community conservation plan only in accordance with the requirements of the plan. Individuals and entities eligible for coverage as a participating special entity under an approved natural community conservation plan may use mitigation credits created pursuant to this section only if the plan’s implementing entity declines to extend coverage to the covered activity proposed by the eligible individual or entity.
(f) Prior to making any expenditure from the Advanced Mitigation Account, the Director of Transportation shall make a determination and justification that the proposed expenditure is likely to accelerate project
delivery of specific projects.
(g) By July 1, 2019, and biennially thereafter, the department, pursuant to Section 9795 of the Government Code, and notwithstanding Section 10231.5 of the Government Code, shall submit to the Legislature a report that describes to what extent the Advanced Mitigation Program has accelerated delivery of transportation projects. At a minimum, the report shall include the following:
(1) An accounting of the Advanced Mitigation Account funds.
(2) Identification of expected state and federal resource and regulatory agency mitigation requirements for transportation projects utilizing the Advanced Mitigation Program.
(3) A discussion of the extent to which those requirements are satisfied using advanced mitigation credits.
(4) Recommendations for maximizing the ability of the Advance Mitigation Program to satisfy state and federal mitigation requirements.
(h) By July 1, 2018, or one year after the Advance Mitigation Program is first funded, whichever is earlier, and biennially thereafter, the Department of Fish and Wildlife shall, pursuant to Section 9795 of the Government Code, and notwithstanding Section 10231.5 of the Government Code, submit a report to the Legislature that describes the extent to which the Advance Mitigation Program has improved the quality of habitat mitigation provided by the department for transportation projects. The report shall also include recommendations on maximizing the quality and effectiveness of habitat mitigation developed pursuant to the Advance Mitigation Program.
(i) Nothing in this article shall be
construed to impose any restrictions or requirements on the department unless Advance Mitigation Account funds are used. Nothing in this article shall be construed to require the department to use the Advance Mitigation Program. Nothing in this article shall be construed to impose any restrictions or requirements on the department for activities that do not involve the utilization of Advance Mitigation Account funds.