BILL NUMBER: SB 1334 CHAPTERED
BILL TEXT
CHAPTER 732
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2004
APPROVED BY GOVERNOR SEPTEMBER 24, 2004
PASSED THE SENATE AUGUST 26, 2004
PASSED THE ASSEMBLY AUGUST 23, 2004
AMENDED IN ASSEMBLY AUGUST 17, 2004
AMENDED IN ASSEMBLY JUNE 17, 2004
AMENDED IN ASSEMBLY JUNE 7, 2004
AMENDED IN SENATE MAY 24, 2004
AMENDED IN SENATE APRIL 28, 2004
AMENDED IN SENATE MARCH 31, 2004
INTRODUCED BY Senator Kuehl
(Coauthor: Senator Romero)
(Coauthors: Assembly Members Hancock, Koretz, and Liu)
FEBRUARY 18, 2004
An act to add Section 21083.4 to the Public Resources Code,
relating to oak woodlands conservation.
LEGISLATIVE COUNSEL'S DIGEST
SB 1334, Kuehl. Oak woodlands conservation: environmental
quality.
(1) The Oak Woodlands Conservation Act provides funding for the
conservation and protection of California's oak woodlands.
The California Environmental Quality Act (CEQA) requires a lead
agency to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a discretionary
project that it proposes to carry out or approve that may have a
significant effect on the environment, as defined, or to adopt a
negative declaration if it finds that the project will not have that
effect. CEQA also requires a lead agency to prepare a mitigated
negative declaration for a project that may have a significant effect
on the environment if revisions in the project would avoid or
mitigate that effect and there is no substantial evidence that the
project, as revised, would have a significant effect on the
environment. CEQA provides some exemptions from its requirements for
specified projects.
This bill would require a county, in determining whether CEQA
requires an environmental impact report, negative declaration, or
mitigated negative declaration, to determine whether a project in its
jurisdiction may result in a conversion of oak woodlands that will
have a significant effect on the environment, and would require the
county, if it determines there may be a significant effect to oak
woodlands, to require one or more of specified mitigation
alternatives to mitigate the significant effect of the conversion of
oak woodlands. The bill would exempt specified activities from its
requirements. By imposing new duties on local governments with
respect to oak woodlands mitigation, the bill would impose a
state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 21083.4 is added to the Public Resources Code,
to read:
21083.4. (a) For purposes of this section, "oak" means a native
tree species in the genus Quercus, not designated as Group A or Group
B commercial species pursuant to regulations adopted by the State
Board of Forestry and Fire Protection pursuant to Section 4526, and
that is 5 inches or more in diameter at breast height.
(b) As part of the determination made pursuant to Section 21080.1,
a county shall determine whether a project within its jurisdiction
may result in a conversion of oak woodlands that will have a
significant effect on the environment. If a county determines that
there may be a significant effect to oak woodlands, the county shall
require one or more of the following oak woodlands mitigation
alternatives to mitigate the significant effect of the conversion of
oak woodlands:
(1) Conserve oak woodlands, through the use of conservation
easements.
(2) (A) Plant an appropriate number of trees, including
maintaining plantings and replacing dead or diseased trees.
(B) The requirement to maintain trees pursuant to this paragraph
terminates seven years after the trees are planted.
(C) Mitigation pursuant to this paragraph shall not fulfill more
than one-half of the mitigation requirement for the project.
(D) The requirements imposed pursuant to this paragraph also may
be used to restore former oak woodlands.
(3) Contribute funds to the Oak Woodlands Conservation Fund, as
established under subdivision (a) of Section 1363 of the Fish and
Game Code, for the purpose of purchasing oak woodlands conservation
easements, as specified under paragraph (1) of subdivision (d) of
that section and the guidelines and criteria of the Wildlife
Conservation Board. A project applicant that contributes funds
under this paragraph shall not receive a grant from the Oak Woodlands
Conservation Fund as part of the mitigation for the project.
(4) Other mitigation measures developed by the county.
(c) Notwithstanding subdivision (d) of Section 1363 of the Fish
and Game Code, a county may use a grant awarded pursuant to the Oak
Woodlands Conservation Act (Article 3.5 (commencing with Section
1360) of Chapter 4 of Division 2 of the Fish and Game Code) to
prepare an oak conservation element for a general plan, an oak
protection ordinance, or an oak woodlands management plan, or
amendments thereto, that meets the requirements of this section.
(d) The following are exempt from this section:
(1) Projects undertaken pursuant to an approved Natural Community
Conservation Plan or approved subarea plan within an approved Natural
Community Conservation Plan that includes oaks as a covered species
or that conserves oak habitat through natural community conservation
preserve designation and implementation and mitigation measures that
are consistent with this section.
(2) Affordable housing projects for lower income households, as
defined pursuant to Section 50079.5 of the Health and Safety Code,
that are located within an urbanized area, or within a sphere of
influence as defined pursuant to Section 56076 of the Government
Code.
(3) Conversion of oak woodlands on agricultural land that includes
land that is used to produce or process plant and animal products
for commercial purposes.
(4) Projects undertaken pursuant to Section 21080.5 of the Public
Resources Code.
(e) (1) A lead agency that adopts, and a project that
incorporates, one or more of the measures specified in this section
to mitigate the significant effects to oaks and oak woodlands shall
be deemed to be in compliance with this division only as it applies
to effects on oaks and oak woodlands.
(2) The Legislature does not intend this section to modify
requirements of this division, other than with regard to effects on
oaks and oak woodlands.
(f) This section does not preclude the application of Section
21081 to a project.
(g) This section, and the regulations adopted pursuant to this
section, shall not be construed as a limitation on the power of a
public agency to comply with this division or any other provision of
law.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.