Habitat Restoration and Enhancement Act.

The definition of 'habitat restoration or enhancement project' in Section 1651(b)(1) was consolidated from two somewhat redundant sentences into a single clear statement: the project must have the primary purpose of improving the habitat of native fish, wildlife, or plant species.

In Section 1652(d)(3)(A), the word 'voluntary' was removed from the reference to previously approved department agreements and permits, broadening the category of prior approvals that can serve as a benchmark for best available methodologies.

Section 1652(c) was restructured so that the department must make an explicit determination to either approve or deny (with reasons) within 60 days, rather than the prior language that simply stated the department 'shall approve' if conditions were met. The criteria for that determination were moved to a new subdivision (d).

Section 1653(c) was changed from a completeness determination (whether the request is complete or not) to an explicit approve-or-deny determination within 30 days, aligning it with the Section 1652 structure. The prior provision allowing an incomplete request to be re-routed under Section 1652 was removed.

The notice of completion requirement in Section 1652(e) now requires the project to have been carried out 'in accordance with the department's approval' rather than 'in accordance with the project's description,' making the standard more specific and tied to what the department actually approved.

New Section 1651 adds formal definitions for 'fish passage guidelines,' 'habitat restoration or enhancement project,' 'project proponent,' and 'species recovery plan.' The definition of a habitat restoration or enhancement project now requires BOTH that the project's primary purpose is improving fish and wildlife habitat AND that it meets eligibility requirements under the State Water Board's Section 401 General Water Quality Certification order for small habitat restoration projects.

The application requirements in Section 1652 are expanded to include: a list of species that may be taken with type and mechanism of take (previously only required under the Section 1653 pathway), a design plan at least 65 percent complete if prepared by a professional engineer (moved from Section 1653), and payment of fees required under Section 1655.

New requirement that the department shall ensure every approved habitat restoration or enhancement project includes appropriate measures to avoid and minimize its adverse impacts to species protected by state law. This replaces the broader automatic take authorization with a more targeted mitigation obligation.

The approval process is restructured. Previously the department 'shall approve' if conditions were met. Now the department must make an explicit determination to either approve or deny, with denial requiring stated reasons. A new subdivision (d) specifies that approval or denial is based on whether the request contains all required information and whether the project meets the Section 1651 definition.

The provision that the department's approval 'shall authorize the incidental take of any species designated as a fully protected species' (under Sections 3511, 4700, 5050, or 5515) is removed. This eliminated automatic take authorization for fully protected species.

The fee structure language is revised. The previous version's amendment would have eliminated the requirement for fees to be consistent with other department fees and instead authorized a graduated schedule. The new version maintains the existing requirement that application fees be consistent with fees adopted under Chapter 6 (commencing with Section 1600) until the department establishes its own fee schedule on or before January 1, 2030.

Section 1654(a)(1) now limits the take authorization to only the species listed by the project proponent in their application (under Section 1652(b)(5) or 1653(b)(5)), rather than providing a blanket authorization for all fully protected species affected by the project.

Section 1654(a)(1) expands the list of statutes from which the department's approval is 'in lieu of' other permits to include Chapter 6.7 (commencing with Section 1670) and explicitly names Sections 3511, 4700, 5050, and 5515 (the fully protected species provisions).

Section 1655 is restructured into a two-phase fee system: until January 1, 2030, application fees must be consistent with existing Chapter 6 (Section 1600) fees; on or before that date, the department must establish its own graduated application fee schedule and annually adjust fees pursuant to Section 713 thereafter.

Minor typo correction in Section 1653(e): 'small scale' changed to 'small-scale'.

The application fee under Section 1655 is no longer required to be consistent with fees adopted under Chapter 6 (Section 1600). Instead, the department may establish a graduated schedule of fees, capped at the reasonable administrative and implementation costs of the department relating to the project.

The requirement for the director to publish receipt of notice of applicability and completeness determinations in the California Regulatory Notice Register (Section 1653) is eliminated.

The entire project suspension mechanism in Section 1654 is eliminated. Previously, the director could suspend a project if it was no longer consistent with statutory requirements due to material changes or changed environmental conditions, with a 30-day objection and resolution process.

All references to 'the director' are changed to 'the department,' transferring operational authority from an individual officeholder to the Department of Fish and Wildlife as an institutional entity.

Section 1655 is now explicitly included in the list of amended sections in the bill's opening description, reflecting that the fee provisions are being directly modified.

In Section 1653(b)(6), the description of required protection measures is narrowed: it now covers impacts to species protected by state law only (previously state and federal law), and removes the qualifier 'potentially present' before 'species.'

The sunset date was changed from an indefinite extension to a fixed expiration on January 1, 2032, after which the entire chapter is repealed.

The bill now amends Sections 1652, 1653, and 1654 of the Fish and Game Code in addition to 1656 and 1657, adding entirely new procedural frameworks for habitat restoration project approvals.

Section 1652 establishes eligibility criteria for non-certified projects: they must be voluntary (not mitigation), not part of a regulatory permit or enforcement action, meet SWRCB order eligibility requirements without having received certification, follow best available methodologies, and not cause significant cumulative impacts.

Section 1652 requires the department to approve or deny non-certified habitat restoration projects within 60 days of receiving a complete written request, and Section 1653 requires a completeness determination within 30 days for certified projects.

Section 1654 now explicitly states that department approval of a habitat restoration project authorizes the incidental take of any fully protected species (as designated under Sections 3511, 4700, 5050, or 5515) resulting from impacts attributable to or related to the project.

Suspension authority is narrowed: the director may only suspend a project when there is a material change between the submitted and implemented project or a change in environmental circumstances, with a 30-day objection and resolution process for proponents.

Responsibilities previously assigned to the 'director' are transferred to the 'department' throughout all amended sections, shifting accountability from an individual officeholder to the agency as a whole.

The sunset date for the Habitat Restoration and Enhancement Act was changed from January 1, 2027 to January 1, 2032, extending the program's life by five years.

A new reporting requirement was added in Section 1656 requiring the department to submit reports to the Legislature no later than December 31, 2029 (and earlier dates of 2020 and 2025) covering the number, type, and geographical distribution of approved projects, funding adequacy, and recommendations for changes and improvements.

Reports must be submitted in compliance with Section 9795 of the Government Code.