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Bill would let projects apply for CESA permits for species under federal petition; supporters say it prevents costly delays
Summary
AB 550 would let the Department of Fish and Wildlife accept applications and issue incidental-take permits for species that are petitioned for listing but not yet listed under California Endangered Species Act; backers say it reduces uncertainty for clean-energy projects, while environmental groups want clearer standards and guardrails.
The Assembly committee passed AB 550 to Appropriations after testimony from renewable energy developers and conservation groups about a regulatory “no-man’s land” for species that are petitioned for listing under state or federal endangered species laws.
Assemblymember Petrie-Norris, the bill’s author, said AB 550 addresses delays that arise when developers encounter species that are under review for listing: projects can be halted mid-construction because the Department of Fish and Wildlife (DFW) cannot yet issue an incidental-take permit for a species that is only a candidate. “This bill will reduce disruptions and provide needed clarity by allowing developers to apply for a permit as soon as a species is under consideration for being listed,” she said.
Supporters from industry, including the Large-Scale Solar Association and Intersect Power, said the change would protect both species and large-scale clean-energy projects by encouraging scientific research and allowing early mitigation planning. “AB 550 creates an incentive for developers and the department to jointly develop research programs that advance understanding of candidate species,” a solar industry representative told the committee.
Environmental groups asked for amendments to clarify the standard under which DFW could issue a permit and to prohibit using research as a substitute for required habitat mitigation. Defenders of Wildlife, Audubon California and the California Native Plant Society urged clearer language that ensures any permit still meets CESA’s fully mitigated standard and that research funding not be allowed to replace conserved habitat.
Committee members said they supported the bill’s objective but urged the author to continue negotiations with conservation groups on standards and safeguards. The committee advanced AB 550 as amended to appropriations.
