1797. The Legislature finds and declares as follows: (a) Mitigation banks and conservation banks provide for the conservation of important habitats and habitat linkages, take advantage of economies of scale that are often not available to individualized mitigation projects, and simplify the state regulatory compliance process while achieving conservation goals. (b) The department authorizes the establishment of […]
1797.5. For the purposes of this chapter, the following terms shall have the following meanings: (a) “Bank” means a conservation bank, mitigation bank, or conservation and mitigation bank. (b) “Bank enabling instrument” means a written agreement with the department regarding the establishment, use, operation, and maintenance of the bank. (c) “Bank sponsor” means the person or entity responsible […]
1798. (a) (1) Any person interested in establishing any bank with the department may elect to submit an optional draft prospectus for review by the department. Any draft prospectus shall be accompanied by a draft prospectus review fee of one thousand five hundred dollars ($1,500) to fund the reasonable cost of the department’s review services. The draft […]
1798.5. (a) (1) If the department determines that a bank prospectus is acceptable pursuant to Section 1798, the person seeking to establish the bank may submit a bank agreement package to the department. Pursuant to subdivision (b) of Section 1799.1, the department may adopt and amend guidelines and criteria for the bank agreement package, including, but not […]
1798.6. (a) Any person seeking to amend any bank shall submit to the department a complete bank amendment package containing each of the original bank agreement package documents, including any prior amendments, as well as any documents proposed to be amended or that would be affected by the proposed amendment. The department may adopt and amend […]
1798.7. A bank prospectus, agreement, or amendment package submitted to the department, but not approved as of January 1, 2013, shall be reviewed for completeness or acceptability in accordance with the timelines provided by this chapter and only after the department has collected all appropriate fees pursuant to this chapter. (Added by Stats. 2012, Ch. […]
1799. (a) Until the department has approved a bank, in writing, and, if applicable, a conservation easement has been recorded on the site, no bank shall be operative, vested, or final, nor bank credits issued. No amendment to an approved bank shall be effective without the written approval of the department. (b) Following approval of a final […]
1799.1. (a) The department shall annually adjust the fees in this chapter pursuant to Section 713. (b) Moneys received pursuant to this chapter shall be deposited in a separate dedicated account within the Fish and Game Preservation Fund and expended for the purposes of this chapter. (c) The department shall adopt and amend guidelines and criteria to implement […]
