Bill Text

The Biodiversity Conservation Act

AN ACT CREATING THE BIODIVERSITY CONSERVATION COMMISSION

Be it enacted by the Legislature of the state of <insert your state here>:

Section 1. Short Title.

This Act shall be known and may be cited as the “Biodiversity Conservation Act.”

Section 2. Findings.

The Legislature finds that:

(A) The state of <insert your state here> possesses a diversity of plants and animals in several ecologically distinct regions. This biological diversity and its role in forming the landscapes of the state are an important part of the high quality of life shared by all of the state’s citizens and its visitors;

(B) Biological diversity is valuable to human health, scientific knowledge, recreation, and sustaining ecosystems. Reduced biodiversity has negative consequences for human welfare as resources for research and agricultural, medicinal and industrial development are diminished. Reduced biological diversity has negative impacts on critical ecosystem processes that moderate climate, govern nutrient cycles, affect soil conservation and production, control pests and diseases, and break down wastes and pollutants. By better understanding the variety and status of living organisms and the communities and ecosystems in which they occur, conservation efforts can be more effective in ensuring that this wealth of biological diversity is enjoyed by current and future generations;

(C) Public and private entities, academic institutions, state agencies, and nongovernmental organizations have completed extensive scientific work to address the state’s biodiversity planning issues and to map ecoregions, locations of rare species, wildlife populations, habitats, and significant natural areas within the state. However, existing information must be assessed, coordinated, and made accessible and useful to the public and policymakers, and efforts must be made to support additional and continuing research and information gathering; and

(D) There is no single entity responsible for development and implementation of a coordinated state strategy to conserve remaining functioning ecosystems and restore habitats needed to maintain <insert your state here>’s biodiversity. Therefore, a comprehensive review to identify and assess the state’s needs for biodiversity preservation and conservation efforts, and coordination of the development, dissemination, and implementation of a comprehensive statewide biodiversity conservation strategy is necessary.

Section 3. Intent.

This Act creates the <insert your state here> Biodiversity Conservation Commission within the <insert appropriate state agency> to develop, implement, and administer a statewide biodiversity conservation strategy.

Section 4. Definitions.

When used in this Act, the following terms are defined as follows:

(A) “Biodiversity” or “biological diversity” means the total variety and variability of living organisms found in the state and the natural processes that support them.

(B) “Commission” means the <insert your state here> Biodiversity Conservation Commission.

Section 5. Purposes.

(A) The <insert your state here> Biodiversity Conservation Commission shall review the status of existing biodiversity information resources and programs; conduct a statewide assessment of the state’s biodiversity and conservation needs; prepare a state biodiversity conservation strategy; and oversee and coordinate implementation of the strategy as described in this section.

(B) The commission will perform a comprehensive review and evaluation of the status of existing biodiversity efforts and information, in order to assess existing capabilities within <insert your state here> and determine appropriate options for future programs. This review should include, but is not limited to:

(1) Mapping and research programs in <insert your state here> conducted by state and federal agencies, nongovernmental organizations, and other entities;

(2) Biodiversity programs, projects, plans, and legislation in <insert your state here> as well as in other states; an analysis of success, effectiveness, and suitability to <insert your state here>; and, incorporation of the key processes and criteria that are applicable in <insert your state here>;

(C) The commission will perform a statewide biodiversity assessment to determine the status of native species and ecosystems throughout <insert your state here>. The assessment should include, but not limited to:

(1) Mapped and written descriptions of statewide land cover, including an identification of natural vegetation, both historical and current, and lands converted to non-native cover types, including urban and agricultural uses, and disturbed land cover;

(2) Mapped and written inventory of state and federally listed endangered, threatened, and other at-risk plant and animal species, endemic species, umbrella and indicator species, native species, their habitat, and changes in their population and habitat;

(3) Mapped and written description of public and private lands capable of providing long-term protection of state biodiversity, including federal and state endangered and threatened species;

(4) Mapped and written descriptions of areas of critical concern for habitat conservation and studies supporting the protected designation of such areas;

(5) Description and analysis of factors contributing to the loss of biological diversity and limits to population viability and effective mitigation of these activities; and

(6) Evaluation of the extent of existing information sources and the need for more comprehensive data to enhance scientific knowledge.

(D) The commission shall develop an ongoing biodiversity conservation strategy with the aim of maintaining and improving <insert your state here>’s biodiversity in perpetuity, within the context of human activities on the landscape, to prevent additional species from becoming endangered or threatened, ensure that the wealth of biodiversity is enjoyed by future generations, and create a more predictable environment in which to conduct economic activities. The commission’s biodiversity conservation strategy shall consist of, but is not limited to:

(1) Identification of the commission’s goals, policies, and guidelines, including, but not limited to, needed biodiversity research and data, inventory work, and priority protections in managing and conserving biodiversity resources and conservation areas, thereby creating a conservation network; 

(2) Methods to coordinate existing strategies, plans, and data developed by public and private entitites, such as state agencies and nongovernmental organizations, including establishment of cooperative programs among local, state, and regional governmental agencies, public and private ventures, universities and colleges, and the private sector;

(3) Consistent definitions of the state’s ecoregions and an integrated system of data management and periodic mapping of the state’s biodiversity;

(4) The state role in housing and administering biodiversity data and making the data accessible to local governments and others;

(5) Public and governmental education, outreach, and involvement efforts, including, but not limited to, the importance of producing maps and/or summaries of <insert your state here>’s ecoregions, habitats, at-risk species, and strategies for conservation;

(6) Identification of the time frames, costs, and sources of funding needed to implement the strategy and creation of funding mechanisms for conservation activities;

(7) Identification, analysis, and development of nonregulatory methods to conserve biodiversity, including landowner incentives and acquisition of conservation easements from willing landowners;

(8) Regulatory and nonregulatory methods to conserve biodiversity and protect habitat, including, but not limited to, landowner incentives; acquisition of conservation easements from landowners; acquisition of land and interests in land; transfer of development rights; mitigation banking; technical assistance provisions; identification of entities best situated to address priority biodiversity needs; and, incentive measures to manage, restore, and conserve areas that support at-risk species and priority habitats;

(9) Criteria to monitor and evaluate changes in the state’s biodiversity over time and assess the overall success of the strategy, including development of programs to involve the public in data collection; and

(10) Identification of the time frames, costs, and sources of funding needed to implement the strategy and creation of funding mechanisms for conservation activities.

(E) The commission shall oversee, implement, and coordinate the strategy through the following means, including, but not limited to:

(1) Advising the governor, governmental agencies, and the legislature on the progress of implementation of the state biodiversity conservation strategy, monitoring efforts, conservation investment need and priorities, recommendations for changes in local, state, and federal statutes or administrative rules necessary to support the strategy, and requirements for the success of the strategy in <insert your state here>;

(2) Serving as a forum for interagency information sharing and promoting awareness of existing and new sources of biodiversity information and biodiversity expertise among planners, policy makers, and resource managers;

(3) Coordinating the efforts of government and non-government agencies and organizations involved in implementing various elements of the conservation strategy and encouraging the establishment of networks of collaborating scientists engaged in related aspects of biodiversity research. This shall include, but is not limited to, convening periodic meetings of the groups or agencies to develop funding strategies, identify appropriate roles and responsibilities for individual partners, and track accomplishments; 

(4) Administering a grants program, using such funds as are available to the commission, to support implementation of the conservation strategy. The grants program may award funds to support the full range of activities proposed in the conservation strategy but, on balance, should emphasize investments in long-term conservation of priority habitats, including habitat restoration, acquisitions of land and water or long-term easements, and incentives for voluntary conservation by private landowners. Eligible grantees include individuals, nonprofit organizations, units of local government, state agencies, and federal agencies working in cooperation with other eligible partners;

(5) Periodically monitoring, evaluating and, if necessary, revising the statewide conservation strategy;

(6) Assisting cooperating agencies and organizations in securing funding for implementation actions; and

(7) Acquiring and restoring prioritized habitat, including, but not limited to, acquiring interests in land from willing sellers, including fee title and conservation easements that contribute to long-term protection of priority habitat consistent with the conservation strategy. The commission may transfer interest in acquired lands or waters to another state agency of other entity, provided that the recipient is committed to providing long-term protection of the site’s biodiversity values.

(F) The Biodiversity Conservation Commission shall include 8-12 stakeholders representing groups such as:

(1) State agencies, including <list relative state agencies here; i.e., the departments of fish and wildlife, natural resources, and ecology, regional planning councils, and specific programs>;

(2) Federal land management and natural resource agencies;

(3) Local governments;

(4) Tribes;

(5) Property owners, including forestry and agriculture <insert additional specific private land holders applicable to your state here>;

(6) Business, including land development;

(7) Academia and research institutions; and

(8) Conservation nongovernmental organizations.

(G) The commission shall submit its Biodiversity Conservation Strategy to the governor and the appropriate standing committees of the Senate and the House of Representatives within 24 months from the date of the enactment of this Act and every two years thereafter to the governor and the legislature describing programs undertaken or sponsored by the commission, the status of the state’s biodiversity and need related thereto.

Section 6. Funding; Creation of Fund.

(A) The commission is authorized to seek, accept, and expend funds, gifts, grants, or donations from any source, public or private, for implementing the duties created in this Act. Any such funds collected shall be transmitted to the state treasurer, who shall credit the same to the Biodiversity Conservation Fund, which fund is hereby created. The moneys in the fund shall be continuously available for the purposes of this section and shall not be transferred to or revert to the general fund at the end of any fiscal year.

(B) The commission is authorized to enter into contracts to receive federal or other funds, grants, or gifts to carry out said purposes, and to be used in preference to, or in combination with, state funds. When federal or other funds are received, they shall be deposited with the state treasurer, who shall credit the same to the Biodiversity Conservation Fund, and thereafter expended.

Section 7. Effective Date.

This Act shall take effect immediately upon enactment.

Section 8. Severability.

If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity shall not affect other provisions or applications of this Act, which can be given effect without regard to the invalid provision or application and, to this end, the provisions of this Act are severable.