AMENDED IN ASSEMBLY AUGUST 19, 2026
AMENDED IN ASSEMBLY AUGUST 13, 2026
AMENDED IN SENATE MAY 14, 2026
AMENDED IN SENATE MARCH 26, 2026
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
95
Introduced by Senator Cortese
(Coauthors: Senators Blakespear and Stern)
February 19, 2026
An act to amend Section 65302 of, and to add Section 14526.4.1 to, to the Government Code, and to amend Sections 158, 158.1, 158.2, 158.3, 158.5, and 164.6 of the Streets and Highways Code, relating to transportation.
Vote: majority Appropriation: no Fiscal committee: yes Local program: no
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 (SHOPP).
This bill would require the department, in connection with each revision of the asset management plan, to prepare and publish a supplemental list of wildlife connectivity improvements on the state highway system, as specified, and would require the commission to review and approve the supplemental list.
department to submit the supplemental list to the commission for review and comments before the final list is published.
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, in consultation with the Department of Fish and Wildlife and with opportunities for the public to provide data and input for consideration, as specified.
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 also instead require Caltrans, in consultation with the Department of Fish and Wildlife and other appropriate agencies, to assess potential barriers to wildlife, and would recharacterize the term “wildlife passage features” as “wildlife connectivity improvements” for purposes of these provisions.
wildlife 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. The bill would require the biennial update to the inventory to be based on an analysis of transportation assets within priority route segments identified by the Department of Fish and Wildlife. The bill would require Caltrans to consult with the Department of Fish and Wildlife on the development of each update to the inventory, as prescribed.
Existing law requires Caltrans to prepare a State Highway System Management Plan (SHSMP), which includes a 10-year rehabilitation plan for the rehabilitation or reconstruction by the SHOPP of all state highways and bridges, and a 5-year maintenance plan that addresses the maintenance needs of the state highway system, as provided. Existing law requires the SHSMP to include specific quantifiable accomplishments, goals, objectives, costs, and performance measures consistent with the asset management plan described above. Existing law requires the SHSMP to be updated every 2 years.
This bill would require Caltrans to include wildlife connectivity as an objective in the SHSMP.
The people of the State of California do enact as follows:
SECTION 1.
Section 14526.4.1 is added to the Government Code, to read:
14526.4.1.
(a) In connection with each four-year revision of the asset management plan, the department shall prepare and publish a supplemental list of wildlife connectivity improvements on the state highway system. system and shall publish the supplemental list on its internet website. The supplemental list shall be informed by the asset management plan and the inventory and project information prepared pursuant to Sections 158.1 and 158.2 of the Streets and Highways Code.
(b) The supplemental list shall include both of the following:
(1) Wildlife connectivity improvements identified for implementation on the state highway system pursuant to Sections 158.1 and 158.2 of the Streets and Highways Code.
(2) Wildlife connectivity improvements completed on or after January 1, 2023, that address wildlife connectivity needs identified pursuant to Article 3.8 (commencing with Section 158) of Chapter 1 of Division 1 of the Streets and Highways Code.
(c) For each wildlife connectivity improvement included in the supplemental list, the department shall provide, at a minimum, its location, the type and condition of the relevant transportation infrastructure, a description of the wildlife connectivity barriers addressed or proposed to be addressed, and applicable performance objectives or measures contained in the State Highway System Management Plan or the asset management plan. This subdivision does not require the department to independently assess the condition of natural landscapes, wildlife, habitat, or other factors unrelated to the transportation infrastructure or improvement.
(d) The department shall submit the supplemental list to the commission for review and comments before the final list is published on the department’s internet website.
(e) For purposes of this section, the following definitions apply:
(1) “Asset management plan” means the asset management plan prepared pursuant to Section 14526.4.
(2) “Wildlife connectivity improvements” has the same meaning as defined in Section 158 of the Streets and Highways Code. improvement” means a physical infrastructure improvement 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.
Section 65302 of the Government Code is amended to read:
65302.
The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements:
(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, greenways, as defined in Section 816.52 of the Civil Code, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources. The land use element shall also do both of the following:
(1) Designate in a land use category that provides for timber production those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5).
(2) Consider the impact of new growth on military readiness activities carried out on military bases, installations, and operating and training areas, when proposing zoning ordinances or designating land uses covered by the general plan for land, or other territory adjacent to military facilities, or underlying designated military aviation routes and airspace.
(A) In determining the impact of new growth on military readiness activities, information provided by military facilities shall be considered. Cities and counties shall address military impacts based on information from the military and other sources.
(B) The following definitions govern this paragraph:
(i) “Military readiness activities” mean all of the following:
(I) Training, support, and operations that prepare the members of the military for combat.
(II) Operation, maintenance, and security of any military installation.
(III) Testing of military equipment, vehicles, weapons, and sensors for proper operation or suitability for combat use.
(ii) “Military installation” means a base, camp, post, station, yard, center, homeport facility for any ship, or other activity under the jurisdiction of the United States Department of Defense as defined in paragraph (1) of subsection (g) of Section 2687 of Title 10 of the United States Code.
(b) (1) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, any military airports and ports, and other local public utilities and facilities, all correlated with the land use element of the plan.
(2) (A) Commencing January 1, 2011, upon any substantive revision of the circulation element, the legislative body shall modify the circulation element to plan for a balanced, multimodal transportation network that meets the needs of all users of streets, roads, and highways for safe and convenient travel in a manner that is suitable to the rural, suburban, or urban context of the general plan.
(B) Upon any substantive revision of the circulation element on or after January 1, 2025, the legislative body shall do all of the following:
(i) Incorporate the principles of the Federal Highway Administration’s Safe System Approach, in the circulation element by including policies that aim to eliminate fatal and serious injuries for all road users through a holistic view of the roadway system, including provisions that account for human error, recognize vulnerable road users, and promote redundant and proactive safety measures.
(ii) Develop bicycle plans, pedestrian plans, and traffic calming plans based on the policies and goals in the circulation element that shall address all of the following for any urbanized area within the scope of the general plan:
(I) Identify safety corridors and any land or facility that generates high concentrations of bicyclists or pedestrians.
(II) Use evidence-based strategies, including strategies identified in the United States Department of Transportation’s Strategic Highway Safety Plan to develop safety measures specific to those areas that are intended to eliminate traffic fatalities, with an emphasis on fatalities of bicyclists, pedestrians, and users of any other form of micromobility device in the areas identified in subclause (I).
(III) Set goals for initiation and completion of all actions identified in the plans within 25 years of the date of adoption of the modified circulation element based upon projected development activities within urbanized areas within the scope of the general plan and projected availability of revenues.
(C) (i) A county or city shall begin implementation of the modified circulation element plan specified in subparagraph (B) within two years of the date of adoption of the plan.
(ii) A county or city shall regularly review the progress towards and identify impediments to completing implementation of the plan for a multimodal transportation network, including all bicycle plans, pedestrian plans, and traffic calming plans iterated in the modified circulation element, and the construction of any related infrastructure.
(iii) A county or city shall consider revising the circulation element if, following the review under clause (ii), the county or city determines it will not reach the goals of the bicycle, pedestrian, or traffic calming plans within 25 years of the date of adoption of the modified circulation element.
(D) For the purposes of this paragraph, the following definitions shall apply:
(i) “Business activity district” has the same meaning as defined in Section 22358.9 of the Vehicle Code.
(ii) “Land facilities that generate high concentrations of bicyclists or pedestrians” has the same meaning as described in Section 22358.7 of the Vehicle Code.
(iii) “Micromobility device” means a bicycle, electric bicycle, or motorized scooter as those terms are defined and described in Division 1 (commencing with Section 100) of the Vehicle Code.
(iv) “Safety corridor” has the same meaning as defined in Section 22358.7 of the Vehicle Code.
(v) “Urbanized area” has the same meaning as defined in Section 21071 of the Public Resources Code.
(E) For purposes of this paragraph, “users of streets, roads, and highways” mean bicyclists, children, persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors.
(c) A housing element as provided in Article 10.6 (commencing with Section 65580).
(d) (1) A conservation element for the conservation, development, and utilization of natural resources, including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on natural resources located on public lands, including military installations. The conservation element shall consider the effect of development within the jurisdiction, as described in the land use element, on the movement of wildlife and habitat connectivity. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies, including flood management, water conservation, or groundwater agencies that have developed, served, controlled, managed, or conserved water of any type for any purpose in the county or city for which the plan is prepared. Coordination shall include the discussion and evaluation of any water supply and demand information described in Section 65352.5, if that information has been submitted by the water agency to the city or county.
(2) The conservation element may also cover all of the following:
(A) The reclamation of land and waters.
(B) Prevention and control of the pollution of streams and other waters.
(C) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.
(D) Prevention, control, and correction of the erosion of soils, beaches, and shores.
(E) Protection of watersheds.
(F) The location, quantity, and quality of the rock, sand, and gravel resources.
(3) Upon the next revision of the housing element on or after January 1, 2009, the conservation element shall identify rivers, creeks, streams, flood corridors, riparian habitats, and land that may accommodate floodwater for purposes of groundwater recharge and stormwater management.
(4) Upon the adoption or next revision of one or more elements on or after January 1, 2028, the conservation element shall be updated to:
(A) Identify and analyze connectivity areas, permeability, and natural landscape areas within the jurisdiction, as those terms are defined in Section 158 of the Streets and Highways Code.
(B) Identify and analyze existing or planned wildlife connectivity improvements, as defined in Section 158 of the Streets and Highways Code, including, but not limited to, wildlife connectivity improvements included in the inventory of connectivity needs on the state highway system, as described in Section 158.1 of the Streets and Highways Code, to ensure that planned development does not undermine the effectiveness of existing and potential wildlife connectivity improvements, as defined in Section 158 of the Streets and Highways Code.
(C) (i) Consider the impacts of development and the barriers caused by development to wildlife and habitat connectivity.
(ii) For the purposes of this subparagraph, “wildlife” has the same meaning as defined in Section 89.5 of the Fish and Game Code.
(D) Avoid, minimize, or mitigate impacts and barriers to wildlife movement to the extent feasible.
(E) Analyze and consider opportunities to remediate existing barriers to wildlife connectivity and restore degraded habitat and open space.
(5) If a city, county, or city and county has already included policies in existing plans, including its certified local coastal plan, that meet the requirements of paragraph (4), the city, county, or city and county may incorporate the plan by reference into the general plan to comply with this section.
(6) In preparing to update the conservation element, the city, county, or city and county may do any of the following:
(A) Consider incorporating appropriate standards, policies, and feasible implementation programs such as wildlife-friendly fencing and lighting, buffers from sensitive resources, prohibitions on invasive plants, habitat connectivity overlay zones, and compact development standards, or consider whether adoption of ordinances is necessary to feasibly implement these standards, policies, and implementation programs, and include goals to adopt any necessary ordinances.
(B) Consult with the Department of Fish and Wildlife, any California Native American tribe that is on the contact list maintained by the Native American Heritage Commission and that has traditional lands located within the city, county, or city and county’s jurisdiction, and any open-space district that owns lands designated for conservation within the city, county, or city and county’s jurisdiction. Upon receiving a request for consultation, the department, tribe, or district may, in its sole discretion, accept or refuse to consult, based on the priority of natural resources impacted or other factors.
(C) Consider relevant best available science as appropriate, including, but not limited to, peer-reviewed literature, citable publicly available datasets, publicly sourced online datasets, and information and reports from government agencies, California Native American tribes, and academic institutions.
(D) Consider the most appropriately scaled scientific information on linkages, corridors, and other locations that are essential to maintain landscape connectivity, including, but not limited to, any of the following:
(i) Habitat linkages and wildlife corridors, such as those identified and summarized in the Areas of Conservation Emphasis, as defined by subdivision (a) of Section 1851 of the Fish and Game Code, and in regional habitat connectivity assessments.
(ii) Wildlife corridors, such as migration corridors identified by global positioning system collar studies.
(iii) Wildlife movement barriers, such as connectivity areas, as defined by subdivision (a) of Section 158 of the Street and Highways Code, and barriers identified by the Department of Fish and Wildlife’s Restoring California’s Wildlife Connectivity report.
(iv) Other connectivity considerations, such as those outlined in the State Wildlife Action Plan, habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code, natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, regional conservation investment strategies approved pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code, and other relevant plans, policies, and ordinances adopted by neighboring jurisdictions.
(7) In preparing to update the conservation element, the city, county, or city and county may consult with other appropriate local, state, or federal agencies, or academic institutions, as deemed appropriate by the city or county.
(8) The city, county, or city and county may meet the requirements in paragraphs (4) through (6), inclusive, in a separate component or section of the general plan entitled a wildlife connectivity element.
(e) An open-space element as provided in Article 10.5 (commencing with Section 65560).
(f) (1) A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
(C) Passenger and freight online railroad operations and ground rapid transit systems.
(D) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation.
(E) Local industrial plants, including, but not limited to, railroad classification yards.
(F) Other ground stationary noise sources, including, but not limited to, military installations, identified by local agencies as contributing to the community noise environment.
(2) Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in subparagraphs (A) to (F) of paragraph (1), inclusive.
(3) The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
(4) The noise element shall include implementation measures and possible solutions that address existing and foreseeable noise problems, if any. The adopted noise element shall serve as a guideline for compliance with the state’s noise insulation standards.
(g) (1) A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peakload water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards.
(2) The safety element, upon the next revision of the housing element on or after January 1, 2009, shall also do the following:
(A) Identify information regarding flood hazards, including, but not limited to, the following:
(i) Flood hazard zones. As used in this subdivision, “flood hazard zone” means an area subject to flooding that is delineated as either a special hazard area or an area of moderate or minimal hazard on an official flood insurance rate map issued by FEMA. The identification of a flood hazard zone does not imply that areas outside the flood hazard zones or uses permitted within flood hazard zones will be free from flooding or flood damage.
(ii) National Flood Insurance Program maps published by FEMA.
(iii) Information about flood hazards that is available from the United States Army Corps of Engineers.
(iv) Designated floodway maps that are available from the Central Valley Flood Protection Board.
(v) Dam failure inundation maps prepared pursuant to Section 6161 of the Water Code that are available from the Department of Water Resources.
(vi) Awareness Floodplain Mapping Program maps and 200-year flood plain maps that are or may be available from, or accepted by, the Department of Water Resources.
(vii) Maps of levee protection zones.
(viii) Areas subject to inundation in the event of the failure of project or nonproject levees or floodwalls.
(ix) Historical data on flooding, including locally prepared maps of areas that are subject to flooding, areas that are vulnerable to flooding after wildfires, and sites that have been repeatedly damaged by flooding.
(x) Existing and planned development in flood hazard zones, including structures, roads, utilities, and essential public facilities.
(xi) Local, state, and federal agencies with responsibility for flood protection, including special districts and local offices of emergency services.
(B) Establish a set of comprehensive goals, policies, and objectives based on the information identified pursuant to subparagraph (A), for the protection of the community from the unreasonable risks of flooding, including, but not limited to:
(i) Avoiding or minimizing the risks of flooding to new development.
(ii) Evaluating whether new development should be located in flood hazard zones, and identifying construction methods or other methods to minimize damage if new development is located in flood hazard zones.
(iii) Maintaining the structural and operational integrity of essential public facilities during flooding.
(iv) Locating, when feasible, new essential public facilities outside of flood hazard zones, including hospitals and health care facilities, emergency shelters, fire stations, emergency command centers, and emergency communications facilities or identifying construction methods or other methods to minimize damage if these facilities are located in flood hazard zones.
(v) Establishing cooperative working relationships among public agencies with responsibility for flood protection.
(C) Establish a set of feasible implementation measures designed to carry out the goals, policies, and objectives established pursuant to subparagraph (B).
(3) Upon the next revision of the housing element on or after January 1, 2014, the safety element shall be reviewed and updated as necessary to address the risk of fire for land classified as state responsibility areas, as defined in Section 4102 of the Public Resources Code, and land classified as very high fire hazard severity zones, as defined in Section 51177. This review shall consider the advice included in the Office of Planning and Research’s most recent publication of “Fire Hazard Planning, General Plan Technical Advice Series” and shall also include all of the following:
(A) Information regarding fire hazards, including, but not limited to, all of the following:
(i) Fire hazard severity zone maps available from the Office of the State Fire Marshal.
(ii) Any historical data on wildfires available from local agencies or a reference to where the data can be found.
(iii) Information about wildfire hazard areas that may be available from the United States Geological Survey.
(iv) General location and distribution of existing and planned uses of land in very high fire hazard severity zones and in state responsibility areas, including structures, roads, utilities, and essential public facilities. The location and distribution of planned uses of land shall not require defensible space compliance measures required by state law or local ordinance to occur on publicly owned lands or open-space designations of homeowner associations.
(v) Local, state, and federal agencies with responsibility for fire protection, including special districts and local offices of emergency services.
(B) A set of goals, policies, and objectives based on the information identified pursuant to subparagraph (A) for the protection of the community from the unreasonable risk of wildfire.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives based on the information identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Avoiding or minimizing the wildfire hazards associated with new uses of land.
(ii) Locating, when feasible, new essential public facilities outside of high fire risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in a state responsibility area or very high fire hazard severity zone.
(iii) Designing adequate infrastructure if a new development is located in a state responsibility area or in a very high fire hazard severity zone, including safe access for emergency response vehicles, visible street signs, and water supplies for structural fire suppression.
(iv) Working cooperatively with public agencies with responsibility for fire protection.
(D) If a city or county has adopted a fire safety plan or document separate from the general plan, an attachment of, or reference to, a city or county’s adopted fire safety plan or document that fulfills commensurate goals and objectives and contains information required pursuant to this paragraph.
(4) Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
(A) (i) A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed pursuant to paragraphs (2) and (3).
(ii) Information that may be available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies required pursuant to subparagraph (B), including, but not limited to, all of the following:
(I) Information from the internet-based Cal-Adapt tool.
(II) Information from the most recent version of the California Adaptation Planning Guide.
(III) Information from local agencies on the types of assets, resources, and populations that will be sensitive to various climate change exposures.
(IV) Information from local agencies on their current ability to deal with the impacts of climate change.
(V) Historical data on natural events and hazards, including locally prepared maps of areas subject to previous risk, areas that are vulnerable, and sites that have been repeatedly damaged.
(VI) Existing and planned development in identified at-risk areas, including structures, roads, utilities, and essential public facilities.
(VII) Federal, state, regional, and local agencies with responsibility for the protection of public health and safety and the environment, including special districts and local offices of emergency services.
(B) A set of adaptation and resilience goals, policies, and objectives based on the information specified in subparagraph (A) for the protection of the community.
(C) A set of feasible implementation measures designed to carry out the goals, policies, and objectives identified pursuant to subparagraph (B), including, but not limited to, all of the following:
(i) Feasible methods to avoid or minimize climate change impacts associated with new uses of land.
(ii) The location, when feasible, of new essential public facilities outside of at-risk areas, including, but not limited to, hospitals and health care facilities, emergency shelters, emergency command centers, and emergency communications facilities, or identifying construction methods or other methods to minimize damage if these facilities are located in at-risk areas.
(iii) The designation of adequate and feasible infrastructure located in an at-risk area.
(iv) Guidelines for working cooperatively with relevant local, regional, state, and federal agencies.
(v) The identification of natural infrastructure that may be used in adaptation projects, where feasible. Where feasible, the plan shall use existing natural features and ecosystem processes, or the restoration of natural features and ecosystem processes, when developing alternatives for consideration. For purposes of this clause, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
(D) (i) If a city or county has adopted the local hazard mitigation plan, or other climate adaptation plan or document that fulfills commensurate goals and objectives and contains the information required pursuant to this paragraph, separate from the general plan, an attachment of, or reference to, the local hazard mitigation plan or other climate adaptation plan or document.
(ii) Cities or counties that have an adopted hazard mitigation plan, or other climate adaptation plan or document that substantially complies with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions, climate adaptation plan or document, specifically showing how each requirement of this subdivision has been met.
(5) Upon the next revision of the housing element on or after January 1, 2020, the safety element shall be reviewed and updated as necessary to identify residential developments in any hazard area identified in the safety element that do not have at least two emergency evacuation routes.
(6) After the initial revision of the safety element pursuant to paragraphs (2), (3), (4), and (5), the planning agency shall review and, if necessary, revise the safety element upon each revision of the housing element or local hazard mitigation plan, but not less than once every eight years, to identify new information relating to flood and fire hazards and climate adaptation and resiliency strategies applicable to the city or county that was not available during the previous revision of the safety element.
(7) Cities and counties that have flood plain management ordinances that have been approved by FEMA that substantially comply with this section, or have substantially equivalent provisions to this subdivision in their general plans, may use that information in the safety element to comply with this subdivision, and shall summarize and incorporate by reference into the safety element the other general plan provisions or the flood plain ordinance, specifically showing how each requirement of this subdivision has been met.
(8) Before the periodic review of its general plan and before preparing or revising its safety element, each city and county shall consult the California Geological Survey of the Department of Conservation, the Central Valley Flood Protection Board, if the city or county is located within the boundaries of the Sacramento and San Joaquin Drainage District, as set forth in Section 8501 of the Water Code, and the Office of Emergency Services for the purpose of including information known by and available to the department, the agency, and the board required by this subdivision.
(9) To the extent that a county’s safety element is sufficiently detailed and contains appropriate policies and programs for adoption by a city, a city may adopt that portion of the county’s safety element that pertains to the city’s planning area in satisfaction of the requirement imposed by this subdivision.
(h) (1) An environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community. The environmental justice element, or related environmental justice goals, policies, and objectives integrated in other elements, shall do all of the following:
(A) Identify objectives and policies to reduce the unique or compounded health risks in disadvantaged communities by means that include, but are not limited to, the reduction of pollution exposure, including the improvement of air quality, and the promotion of public facilities, food access, safe and sanitary homes, and physical activity.
(B) Identify objectives and policies to promote civic engagement in the public decisionmaking process.
(C) Identify objectives and policies that prioritize improvements and programs that address the needs of disadvantaged communities.
(2) A city, county, or city and county subject to this subdivision shall adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption or next revision of two or more elements concurrently on or after January 1, 2018.
(3) By adding this subdivision, the Legislature does not intend to require a city, county, or city and county to take any action prohibited by the United States Constitution or the California Constitution.
(4) For purposes of this subdivision, the following terms shall apply:
(A) “Disadvantaged communities” means an area identified by the California Environmental Protection Agency pursuant to Section 39711 of the Health and Safety Code or an area that is a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation.
(B) “Public facilities” includes public improvements, public services, and community amenities, as defined in subdivision (d) of Section 66000.
(C) “Low-income area” means an area with household incomes at or below 80 percent of the statewide median income or with household incomes at or below the threshold designated as low income by the Department of Housing and Community Development’s list of state income limits adopted pursuant to Section 50093 of the Health and Safety Code.
SEC. 3.
Section 158 of the Streets and Highways Code is amended to read:
158.
For purposes of this article, the following definitions apply:
(a) “Connectivity area” includes any of the following:
(1) An area identified by any federal or state agency that meets the needs for a special status species pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) or the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).
(2) An area identified by the Department of Fish and Wildlife as important for ecological connectivity for fish or wildlife between natural landscape areas based on consideration of the following factors:
(A) Important landscape linkages identified in regional connectivity studies or habitat protection plans.
(B) Known ungulate migration routes, including those identified in response to the federal Secretarial Order 3362, issued on February 9, 2018, by the federal Secretary of the Interior, and any subsequent updates to the order.
(C) Important movement corridors for sensitive species according to species-specific studies, genetic studies, or published recovery plans.
(D) Known areas of high wildlife mortality due to transportation infrastructure.
(E) Areas where wildlife is known to cross more frequently than other nearby areas, including riparian corridors, canyon bottoms, ridges, or open-space corridors.
(F) Areas where wildlife approach and refuse to cross highways, as identified by wildlife behavior data.
(G) Areas where habitat of adjacent lands is currently in good condition.
(H) Highways with identified barriers where lands adjacent to all approaches to the highway have conservation protections.
(I) Linkages that could facilitate range shifts due to climate change, including areas that connect lower to higher elevations or connect to northern habitats.
(3) An area identified by the department with known or potential transportation barriers to wildlife connectivity, as determined by the department.
(b) “Fish” means fish as defined in Section 45 of the Fish and Game Code.
(c) “Natural landscape area” means a natural, intact habitat area with high ecological integrity that provides core habitat for wildlife and supports native biodiversity.
(d) “Permeability” means the ability of a feature, improvement, or facility to provide for passage of wildlife and improve connectivity to natural landscape areas or other habitat.
(e) “Wildlife” means wildlife as defined in Section 89.5 of the Fish and Game Code.
(f) “Wildlife connectivity improvements” means culverts, underpasses, overpasses, bridges, directional fencing, barrier breaks, wildlife monitoring devices or detection systems, elevated highway segments, or other improvements, supported by a functional or potentially functional ecological buffer of habitat on multiple approaches to a highway that encourage use of the improvement and are designed to be managed or restored using the best available science to improve the ability of wildlife to safely traverse transportation infrastructure.
SEC. 4.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 and 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
the Department of Fish and Wildlife and other appropriate agencies, the department shall assess potential barriers to wildlife and to establish an inventory of connectivity needs on the state highway system where the implementation of wildlife connectivity improvements passage features could reduce wildlife-vehicle collisions or enhance wildlife connectivity. In establishing the inventory, the
department, in consultation with the Department of Fish and
Wildlife and other appropriate agencies, shall consider all of the following factors:
(1) The ability of wildlife connectivity improvements passage features to enhance connectivity and permeability within a connectivity area or natural landscape area.
(2) The logistics surrounding implementation of wildlife connectivity improvements, passage
features, including, but not limited to, all of the following:
(A) The cost effectiveness of implementing wildlife connectivity improvements 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 connectivity improvements
passage features to facilitate continued functional wildlife movement or improved public safety outcomes into the future.
(3) Whether the implementation of wildlife connectivity improvements 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.
(c) (1) No later than July 1, 2024, the department shall develop and publish, on the department’s internet website, the inventory established pursuant to subdivision (b). The department shall update the inventory biennially, based on an analysis of transportation assets within priority route segments identified by the Department of Fish and Wildlife, and may update the inventory more often, as needed.
(2) (A) Upon commencing preparation of the inventory or an update to the inventory, but no later than six months before its anticipated publication, the department shall notify notify,
and initiate consultation with
with, the Department of Fish and Wildlife.
(B) During preparation of the inventory or an update to the inventory, the departments shall meet at least once during initial development and once before release of the draft, unless they mutually agree otherwise.
(C) At least 90 days before anticipated publication, the department shall provide the Department of Fish and Wildlife with the draft inventory or update to the inventory and solicit its comments. The Department of Fish and Wildlife shall have at least 30 days after receiving the draft to provide initial comments and may provide relevant supplemental information before publication. The departments shall consult before publication. Before finalizing the inventory or update to the inventory, the department shall provide the Department of Fish and Wildlife with a written summary of how significant comments were addressed.
(d) No later than July 1, 2024, the department shall develop and publish, on its internet website, a list of funded transportation projects with wildlife connectivity improvements 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.
Section 158.2 of the Streets and Highways Code is amended to read:
158.2.
(a) (1) Except as provided in subdivision (b), for any project on the state highway system located in a connectivity area beginning the project initiation phase on or after July 1, 2025, that adds a traffic lane or that has the potential to significantly impair wildlife connectivity for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the department shall perform an assessment, in consultation with the Department of Fish and Wildlife, before commencing project design and continuing through the development of the project and into implementation, to identify potential wildlife connectivity barriers and any needs for improved permeability.
(2) As part of the assessment, the department shall consider factors affecting wildlife connectivity that provide scalable solutions for all defined species needs, as determined by the department, in consultation with the Department of Fish and Wildlife.
(3) The assessment may incorporate relevant guidelines and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(4) The department shall submit the assessment to the Department of Fish and Wildlife and, if any structural barrier to wildlife connectivity exists or will be added by the project for target species in the connectivity area based on criteria developed in collaboration with the Department of Fish and Wildlife, the implementing agency shall remediate barriers to wildlife connectivity in conjunction with the project. A project subject to this requirement may incorporate relevant assessments, guidelines, and standards in applicable habitat conservation plans approved pursuant to Section 1539 of Title 16 of the United States Code and natural community conservation plans approved pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the California Fish and Game Code.
(5) The department shall publish on its internet website a list of all of the transportation projects that require remediation pursuant to paragraph (4) and information regarding whether wildlife connectivity improvements are included in those projects or if mitigation credits are applied to the project pursuant to subdivision (c). The department shall update the project list biennially, at a minimum, and may update the list more often, as needed.
(b) The requirements of subdivision (a) shall apply to the following types of projects only where feasible, practicable, and cost effective, as determined by the department:
(1) Emergency projects.
(2) Safety-focused projects that meet the criteria provided by the State Highway System Management Plan, that would reduce fatal and serious injury collisions on the state highway system, that are included in the highway maintenance program or the State Highway Operation and Protection Program, and that do not add a passing lane, turning lane, or auxiliary lane exceeding one mile in length.
(c) The department may use compensatory mitigation credits approved pursuant to Section 1957 of the Fish and Game Code to satisfy the requirements of this section if the Department of Fish and Wildlife concurs with the use of those credits.
SEC. 6.
Section 158.3 of the Streets and Highways Code is amended to read:
158.3.
On or before July 1, 2025, the department shall update appropriate design guidance, including the Highway Design Manual, to incorporate design concepts for wildlife connectivity improvements and related standard plans and specifications, as appropriate.
SEC. 7.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) Developing and publishing an inventory of wildlife connectivity needs 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 connectivity improvements 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 January 1, 2023.
(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.
SEC. 8.SEC. 4.
Section 164.6 of the Streets and Highways Code is amended to read:
164.6.
(a) (1) The department shall prepare a State Highway System Management Plan. The plan shall include a 10-year state highway system rehabilitation plan for the rehabilitation or reconstruction, or the combination thereof, by the State Highway Operation and Protection Program, of all state highways and bridges owned by the state. The plan shall identify all rehabilitation needs for the 10-year period beginning on July 1, 1998, and ending on June 30, 2008, and shall include a schedule of improvements to complete all needed rehabilitation during the life of the plan not later than June 30, 2008. The plan shall be updated every two years beginning in 2000.
(2) The
State Highway System Management Plan shall also include a five-year maintenance plan that addresses the maintenance needs of the state highway system. The maintenance plan shall be updated every two years, concurrent with the rehabilitation plan described in paragraph (1). The maintenance plan shall include only maintenance activities that, if the activities are not performed, could result in increased State Highway Operation and Protection Program costs in the future. The maintenance plan shall identify any existing backlog in those maintenance activities and shall recommend a strategy, specific activities, and an associated funding level to reduce or prevent any backlog during the plan plan’s
five-year period.
(b) (1) The State Highway System Management Plan shall include specific quantifiable accomplishments, goals, objectives, costs, and performance measures, including for complete streets facilities, including pedestrian and bicycle facilities, consistent with the asset management plan required by Section 14526.4 of the Government Code. The plan shall contain strategies to control costs and improve efficiency of the State Highway Operation and Protection Program.
(2) In 2027, as feasible, and continuing thereafter, the State Highway System Management Plan shall include specific quantifiable accomplishments, goals, objectives, costs, and performance measures for transit priority facilities, consistent with the asset management plan required by Section 14526.4 of the Government Code and the department’s transit policy and associated guidance.
(3) The department shall include wildlife connectivity as an objective in the State Highway System Management Plan. In developing and implementing that objective, the department shall consider the information included in the wildlife connectivity supplemental list to the asset management plan prepared pursuant to Section 14526.4.1 of the Government Code, including the need for new assets, the condition and functionality of existing assets, and the extent to which those assets advance the objectives of Article 3.8 (commencing with Section 158). The department shall also provide descriptions of any relevant restoration permitting and project delivery efficiencies achieved to advance conservation and restoration strategies as part of the wildlife connectivity objective.
(c) The State Highway System Management Plan for rehabilitation and maintenance shall attempt to balance resources between State Highway Operation and Protection Program activities and maintenance activities in order to achieve identified goals at the lowest possible long-term total cost. If the maintenance plan recommends increases in maintenance spending, it shall identify projected future State Highway Operation and Protection Program costs that would be avoided by increasing maintenance spending. The department’s maintenance division shall identify highway maintenance projects and associated costs that allow it to achieve the requirements of this subdivision.
(d) The draft State Highway System Management Plan shall be submitted to the commission for review and comments not later than February 15 of each odd-numbered year, and the final plan shall be transmitted by the department to the Governor and the Legislature not later than June 1 of each odd-numbered year. The department shall make the draft of its proposed plan available to regional transportation agencies for review and comment, and shall include and respond to the comments in the final plan.
(e) The State Highway System Management Plan shall be the basis for the department’s budget request and for the adoption of fund estimates pursuant to Section 163.