California Governor Signs into Law Bill to Expand Species Take Authorizations for Renewable Energy Projects

On September 20, 2026, Governor Newsom announced the signing of a tranche of bills, including Assembly Bill 550. As previously reported, AB 550 amends the California Endangered Species Act and empowers the California Department of Fish and Wildlife to issue incidental take permits for “species proposed for listing.” This change in law expands potential take permit coverage to "species recommended by the department or petitioned by an interested party for listing as an endangered or threatened species" during the period before the Fish and Game Commission "determines if the species will be designated as a candidate species." 

Effective January 1, 2027, solar and other renewable energy generation project developers that secure take authorization under this new provision will be allowed to rely on the terms of their issued permits, regardless of the outcome of the Commission's decision on a pending petition to list a new species.