The California Endangered Species Act: take of species proposed for listing: renewable electrical generation facilities.

The term 'at-risk species' is replaced throughout with 'species proposed for listing.' The old definition of 'at-risk species' included any species the department determined 'may, in the near future, be candidate species or proposed for listing.' The new definition of 'species proposed for listing' is narrower: it only covers a species that has already been recommended by the department or petitioned by an interested party for listing before the commission determines candidacy status.

The provision allowing the Department of Fish and Wildlife to develop research projects in partnership with renewable energy permit applicants (evaluating impacts of facility siting, design, and construction on species) is entirely removed from Section 2081.3.

The compliance condition in Section 2081.3(a) is simplified from requiring compliance with 'both the terms of Section 2081 and the terms of the permit described in paragraph (1)' to only requiring compliance with 'the terms of Section 2081,' removing the separate reference to permit-specific terms.

The requirement for the department to report to the Legislature by January 1, 2030 (inoperative January 1, 2034) about projects covering at-risk species, the effectiveness of the section, and staff resources is removed.

In Section 2081.3(a), the condition for continued take authorization after listing changes from 'the potential listing was anticipated' to requiring that the species 'was included as a covered species in a permit previously issued by the department.' This makes the prior-permit requirement more explicit and specific.

All amendments to Sections 2089.2, 2089.4, and 2089.6 (the California State Safe Harbor Agreement Program Act) were removed entirely. The bill no longer modifies the safe harbor program, its definitions of baseline conditions, or its provisions for declining or vulnerable species.

The legislative findings were modified to acknowledge that 'clean energy projects often result in impacts to and the take of endangered species or threatened species,' adding a more balanced framing of the tradeoff between clean energy development and species protection.

The term 'declining or vulnerable species' and 'at-risk species' were replaced with 'species proposed for listing,' defined as a species recommended by the department or petitioned by an interested party for listing as endangered or threatened, or that the department determines may in the near future be candidate or proposed for listing. This is a narrower category than the prior definitions.

The provision that deemed any activity constituting a 'change in baseline conditions' as fully mitigated was removed from Section 2081(b)(2).

The provision that deemed renewable energy or decarbonization infrastructure projects automatically fully mitigated (subject to research design approval and financial assurance) was removed from Section 2081(b)(2).

A new condition was added to Section 2081(b): the department must have sufficient information to determine the impact of the authorized take on, and compliance with the minimization and mitigation requirements for, the species proposed for listing before a permit can be issued.

In Section 2081.3(a), the condition for not requiring further authorization after listing changed from 'the potential listing was anticipated in a permit' to 'the species proposed for listing was included as a covered species in a permit previously issued.' A separate new condition was added requiring that the incidental take be caused by a renewable electrical generation facility (previously this was embedded within the first condition).

A new reporting requirement was added: on or before January 31, 2033, the department must compile and post a summary table on its website with information for calendar years 2027 through 2032, including projects that included a species proposed for listing as a covered species and whether those species advanced to candidacy or listing.

Removed a new Public Resources Code Section 4772 that would have required the Wildfire and Forest Resilience Task Force to compile and post on its website, by July 1, 2026 and annually thereafter, information about state and federal fire prevention grant programs including funding amounts, recipients, project descriptions, and anticipated benefits.

Removed associated legislative findings about wildfire frequency, severity, the state's $3 billion investment in forest health, and the need for coordination across government levels on wildfire resilience.

Added new Fish and Game Code Section 2081.3 providing that if an at-risk species becomes listed as endangered, threatened, or candidate, no further authorization is required for take of that species if the potential listing was anticipated in a previously issued incidental take permit for a renewable electrical generation facility and the take complies with both Section 2081 and the original permit terms.

Authorized the Department of Fish and Wildlife to develop research projects in partnership with renewable energy permit applicants evaluating the impact of facility siting, design, and construction on at-risk species, the take of those species, and other elements. Approved research projects may contribute toward a renewable project's mitigation obligation.

Added definition of 'at-risk species' meaning species proposed for listing as endangered or threatened, or species the department determines may in the near future become candidate or proposed for listing. Explicitly states an at-risk species is not itself an endangered, threatened, or candidate species.

Required the department to report to the Legislature by January 1, 2030 on all projects that included at-risk species in take authorizations, the effectiveness of the new section for species protection and project security, and staff resources required. The reporting requirement becomes inoperative on January 1, 2034.

The bill now amends four sections of the Fish and Game Code (2081, 2089.2, 2089.4, 2089.6) in addition to the original Public Resources Code grant reporting provision, expanding scope from fire prevention transparency to endangered species regulation.

Permit authority under Section 2081 is expanded to cover 'declining or vulnerable species' (candidate species, species proposed for listing, or species the department determines may soon be candidate or proposed for listing), not just endangered, threatened, and candidate species.

The requirement that a qualified person be approved by the department before conducting habitat surveys for baseline conditions is changed to allow approval before or after the survey is conducted, enabling retroactive approval.

Renewable energy or decarbonization infrastructure projects that result in incidental take are deemed fully mitigated if they advance scientific understanding of effects on species, have a department-approved research design, and provide financial assurance (surety bond, letter of credit, insurance, or corporate guarantee) for research completion.

Safe Harbor Agreements under Section 2089.2 now explicitly cover declining or vulnerable species, and the prohibition on reducing existing populations is softened from an absolute rule to 'shall not reduce, except as otherwise provided in this article.'

Section 2089.6 now explicitly includes 'a change in baseline conditions' as an example of an otherwise lawful activity that can support incidental take authorization through safe harbor agreements.

New definition of 'change in baseline conditions' allows new land use or development to impact baseline conditions (including take of species during construction) if the project is reasonably expected to provide a net conservation benefit over its operational life. Such activities are deemed fully mitigated for permit purposes.

If a declining or vulnerable species covered by a safe harbor agreement is subsequently listed as endangered, threatened, or candidate, no further authorization or approval is required for take under the existing agreement regardless of the species' change in status.

A presumption is added that transportation funding identified in the State Highway System Management Plan ensures adequate long-term maintenance funding for habitat connectivity or wildlife corridor structures on the state highway system, though an endowment is still required for habitat on or around the structure.