State highway system: wildlife connectivity., the official text

An act to amend Section 14526.4 of the Government Code, and to amend Sections 158.1 and 158.5 of the Streets and Highways Code, relating to transportation.

LEGISLATIVE COUNSEL'S DIGEST

Existing law vests the Department of Transportation (Caltrans) with full possession and control of the state highway system and requires Caltrans to improve and maintain the state highways. Existing law requires Caltrans, in consultation with the California Transportation Commission, to prepare a robust asset management plan to guide selection of projects for the state highway operation and protection program. Existing law requires the commission, in connection with the plan, to adopt targets and performance measures reflecting state transportation goals and objectives.
This bill would require the targets and performance measures adopted by the commission to include targets and performance measures reflecting state transportation goals and objectives for wildlife connectivity assets that reflect the need for new assets and conditions of existing assets that improve or maintain the connectivity of wildlife crossings on the state highway system. The bill would require Caltrans to include wildlife connectivity assets in the asset management plan.
Existing law declares the intent of the Legislature that Caltrans 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.
This bill would explicitly require Caltrans to undertake this duty.
Existing law requires Caltrans, in consultation with the Department of Fish and Wildlife and other appropriate agencies, to 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, and to update the inventory on a biennial basis, as specified.
This bill would instead require Caltrans to jointly establish and update this inventory with the Department of Fish and Wildlife.

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

SECTION 1.
Section 14526.4 of the Government Code is amended to read:
14526.4.
(a) The department, in consultation with the commission, shall prepare a robust asset management plan to guide selection of projects for the state highway operation and protection program required by Section 14526.5. The asset management plan shall be consistent with any applicable state and federal requirements.
(b) The department shall include both of the following in the asset management plan:
(1) Complete streets assets, including pedestrian, bicycle, and transit priority facilities on the state highway system that are not required under the federal Americans with Disabilities Act of 1990 (Public Law 101-336).
(2) Wildlife connectivity assets, including, but not limited to, wildlife crossings, improved culverts and bridges, habitat corridors, and fencing guiding animals to crossings.
(c) In connection with the asset management plan, the commission shall do both of the following:
(1) Adopt targets and performance measures reflecting state transportation goals and objectives, including for both of the following:
(A) Complete streets assets that reflect the existence and conditions of bicycle, pedestrian, and transit priority facilities on the state highway system.
(B) Wildlife connectivity assets that reflect the need for new assets and conditions of existing assets that improve or maintain the connectivity of wildlife crossings on the state highway system.
(2) Review and approve the asset management plan.
(d) For purposes of this section, the following definitions apply:
(1) “Asset management plan” means a document assessing the health and condition of the state highway system with which the department is able to determine the most effective way to apply the state’s limited resources.
(2) “Wildlife connectivity asset” means a physical infrastructure asset on or within the right-of-way of transportation infrastructure that facilitates wildlife passage across transportation infrastructure and reduces wildlife-vehicle collisions, while improving safety and operations for all users.
(e) Nothing in this section shall require developer fees to fund local road improvements whose sole purpose is wildlife passage across transportation infrastructure.

SEC. 2.
Section 158.1 of the Streets and Highways Code is amended to read:
158.1.
(a) The department shall 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) In consultation with other appropriate agencies, the department and the Department of Fish and Wildlife shall jointly 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, the department and the Department of Fish and Wildlife, in consultation with other appropriate agencies, shall consider all of the following factors:
(1) The ability of wildlife passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.
(2) The logistics surrounding implementation of wildlife passage features, including, but not limited to, all of the following:
(A) The cost effectiveness of implementing wildlife passage features through associated transportation projects.
(B) The ease or capability of facilitating necessary land acquisitions to provide an ecological buffer.
(C) Public support for associated transportation projects.
(D) The ability of wildlife passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.
(3) Whether the implementation of wildlife passage features would do any of the following:
(A) Substantially increase climate-resilient wildlife connectivity.
(B) Substantially decrease the likelihood of collisions between wildlife and vehicles.
(C) Contribute to the survival or recovery of any species or population of a species, including, but not limited to:
(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) 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) Species at risk from highways and habitat fragmentation.
(4) Any other relevant considerations, as determined by the department and the Department of Fish and Wildlife.
(c) (1) No later than July 1, 2024, the department and the Department of Fish and Wildlife shall jointly develop and publish, on the department’s internet website, the inventory established pursuant to subdivision (b). The department and the Department of Fish and Wildlife shall jointly update the inventory biennially, at a minimum, and may jointly update the inventory more often, as needed.
(2) No later than July 1, 2024, the department shall develop and publish, on its internet website, a list of funded transportation projects with wildlife passage features that address wildlife connectivity needs. The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.

SEC. 3.
Section 158.5 of the Streets and Highways Code is amended to read:
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) Jointly developing an inventory of wildlife connectivity needs with the Department of Fish and Wildlife on the state highway system pursuant to Section 158.1.
(2) Assessing transportation projects in connectivity areas for wildlife connectivity impacts pursuant to Section 158.2.
(3) Implementing wildlife connectivity improvements on transportation projects pursuant to Section 158.2.
(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) Implementing the Transportation Wildlife Connectivity Remediation Program pursuant to Section 158.4.
(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 September 30, 2022.
(b) The report shall also include information regarding both of the following:
(1) A description of the consultation and concurrence process between the department, the Department of Fish and Wildlife, and other appropriate entities.
(2) Significant accomplishments or obstacles to meeting the objectives of the article.
(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.