Cal. FGC § 1854 — California Code / Code fgc / Division 2 / Chapter 9 / Section 1854
Section 1854
Status: in_force

(a) The department may prepare or approve a regional conservation investment strategy, or approve an amended strategy, for an initial period of up to 10 years after finding that the strategy meets the requirements of Section 1852. The department may extend the duration of an approved or amended regional conservation investment strategy for additional periods of up to 10 years after finding that the strategy continues to meet the requirements of Section 1852. For purposes of this section, an amended strategy means a complete regional conservation investment strategy submitted by a public agency or federally recognized tribe to amend substantially and to replace an approved strategy submitted by the public agency or federally recognized tribe.

(b) It is the intent of this chapter to establish requirements that provide sufficient flexibility to develop each regional conservation investment strategy based on the best available information regarding the strategy area.

(c) (1) A public agency or federally recognized tribe shall publish notice of its intent to create a regional conservation investment strategy. This notice shall be filed with the Governor’s Office of Planning and Research and the county clerk of each county that the regional conservation investment strategy is found in part or in whole. If preparation of a regional conservation investment strategy was initiated before January 1, 2017, this notice shall not be required.

(2) (A) A public agency or federally recognized tribe proposing a strategy or amended strategy shall hold a public meeting to allow interested persons and entities to receive information about the draft regional conservation investment strategy or amended strategy early in the process of preparing it and to have an adequate opportunity to provide comments. The public meeting shall be held at a location within or near the strategy area.

(B) In a draft regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include copies of written public comments submitted to the public agency or federally recognized tribe at the public meeting and responses to those written comments.

(C) If preparation of a regional conservation investment strategy was initiated before January 1, 2017, and a public meeting regarding the strategy or amended strategy that is consistent with the requirements of this section was held before January 1, 2017, an additional public meeting shall not be required.

(D) If preparation of a regional conservation investment strategy was initiated before January 1, 2017, and a public meeting regarding the strategy was not held before January 1, 2017, the public meeting required under this section may be held after January 1, 2017, if it is held at least 30 days before the strategy is submitted to the department for approval.

(3) At least 30 days before holding a public meeting to distribute information about the development of a draft regional conservation investment strategy or amended strategy, a public agency or federally recognized tribe proposing a strategy shall provide notice of a regional conservation investment strategy or amended strategy public meeting as follows:

(A) On the public agency’s or federally recognized tribe’s internet website and any relevant LISTSERV.

(B) To each city, county, and city and county within or adjacent to the regional conservation investment strategy area.

(C) To the implementing entity for each natural community conservation plan or federal regional habitat conservation plan that overlaps with the strategy area.

(D) To each public agency, organization, or individual who has filed a written request for the notice, including any agency, organization, or individual who has filed a written request to the department for notices of all regional conservation investment strategy public meetings.

(4) After a draft regional conservation investment strategy or an amendment to a strategy is submitted to the department for approval, the department shall have 30 days to deem the draft regional conservation investment strategy or an amended strategy complete or to explain in writing to the public agency or federally recognized tribe submitting the strategy or amended strategy what is needed to complete the strategy or amended strategy. Within 30 days of deeming a draft regional conservation investment strategy or amended strategy complete, the department shall make the draft strategy or amended strategy available to the public on its internet website for review and comment for a period of at least 60 days and shall notify any public agency, organization, or individual who has filed a written request to the department for notices regarding draft regional conservation strategies. In a final regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include responses to all written public comments submitted during the public comment period.

(5) Within 30 days of the department deeming that the draft regional conservation investment strategy or amended strategy is complete, concurrent with public review of the draft strategy, the public agency or federally recognized tribe proposing the investment strategy or amended strategy shall notify the board of supervisors and the city councils in each county within the geographical scope of the strategy and provide the board of supervisors and the city councils with an opportunity to submit written comments for a period of at least 60 days. In a final regional conservation investment strategy or amended strategy submitted to the department for approval, the public agency or federally recognized tribe shall include responses to all comments submitted to the public agency or federally recognized tribe during the comment period.

(6) After a final regional conservation investment strategy or amended strategy is submitted to the department for approval, the department shall have 60 days to approve the final regional conservation investment strategy or amended strategy or to explain in writing to the public agency or federally recognized tribe submitting the strategy or amended strategy what is needed to approve the strategy or amended strategy.

(d) The department shall make all approved regional conservation investment strategies, including all updates to scientific information and analyses used in a regional conservation investment strategy and any amendments to the strategy available on its internet website.

(e) The department shall require the use of consistent metrics that incorporate both the area and quality of habitat and other natural resources in relation to a regional conservation investment strategy’s conservation objectives to measure the net change resulting from the implementation of conservation actions and habitat enhancement actions.