Land use: habitat restoration and enhancement: mitigation lands.

(1) The Habitat Restoration and Enhancement Act authorizes a project proponent to submit a habitat restoration or enhancement project to the Director of Fish and Wildlife for approval. Under the act, a habitat restoration or enhancement project is a project with the primary purpose of improving fish and wildlife habitat. The act requires the director to approve a habitat restoration or enhancement project if the director determines that specified conditions are met. Under the act, the director's approval of a habitat restoration or enhancement project is in lieu of any other permit, agreement, license, or other approval issued by the Department of Fish and Wildlife. The act makes moneys in the Habitat Restoration and Enhancement Account available to the department, upon appropriation by the Legislature, for the purposes of administering and implementing the act. Existing law repeals the act on January 1, 2022. This bill would extend the operation of the act until January 1, 2027, and would require the department to submit a report on the implementation of the act to the Legislature no later than December 31, 2025. (2) Under the Planning and Zoning Law, if a state or local agency requires a project proponent to transfer property to mitigate any adverse impact upon natural resources caused by permitting the development of a project or facility, the agency may authorize a governmental entity, special district, a nonprofit organization, a for-profit entity, a person, or another entity to hold title to and manage that property. Under existing law, if a state or local agency, in the development of its own project, is required to protect property to mitigate an adverse impact upon natural resources, the agency is authorized to take any action that the agency deems necessary in order to meet its mitigation obligations, including holding an endowment, as provided. Existing law provides that an endowment may be held by the same governmental entity, special district, or nonprofit organization that holds the property held for mitigation purposes, except as specified. Existing law requires the holder of an endowment to certify to the project proponent or the holder of the mitigation property or a conservation easement and the local or state agency that required the endowment that it meets specified requirements. Existing law repeals these provisions on January 1, 2022. This bill would instead repeal those provisions on January 1, 2027.