Well-intended wildlife bill could raise costs for basic road work

By Damon Conklin, legislative advocate, and Brian Hendershot, Cal Cities Advocate managing editor

A wildlife preservation bill that could saddle cash-strapped cities with another unfunded mandate is winding its way through the Senate. The measure, AB 902 (Schultz), would force cities to perform complex ecological reviews for routine road projects. Cal Cities opposes the bill unless the author adopts several key changes.

What exactly would this bill do?

AB 902 would require cities to identify, develop strategies, and analyze ways to increase wildlife connectivity and restore degraded habitat and open space. This new rule would kick in even for smaller projects, such as restriping and adding bike lanes. Many cities lack the technical resources, staff capacity, and financial flexibility to perform a complex review that is more suited for large-scale state projects with far greater ecological impacts.

Where are most wildlife crossings?

Many of California's most iconic native species face an existential threat due to their inability to disperse throughout their natural range. However, the California Department of Fish and Wildlife found that 59 of the 61 documented priority wildlife barriers to wildlife connectivity are under the state's authority. To better partner with the state, cities need the state to identify wildlife corridors statewide for future planning and land use efforts, which it last provided in 2010.

What changes is Cal Cities seeking?

As written, AB 902 will redirect precious dollars away from critical infrastructure projects to pay for a wildlife corridor analysis even if the project doesn't warrant it. Cal Cities is urging the author to clarify that the bill's provisions are limited to feasibility and funding availability and arguing that the state's compensatory mitigation credits are not enough to support these new requirements. Cal Cities is also urging the author to better define what it means for a project to "significantly impair wildlife connectivity."

Additionally, Cal Cities supports amendments that would require the California Natural Resources Agency to identify wildlife corridors statewide. Updating this over a decade-old information will help protect those areas in future planning efforts.

What's next?

The bill is now headed to the Senate Transportation Committee. Cities have until July 2 to send a letter voicing their concerns. For more information, contact your regional public affairs manager.