BILL NUMBER: SB 1334 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 31, 2004
INTRODUCED BY Senator Kuehl
FEBRUARY 18, 2004
An act to add Article 4 (commencing with Section 51260)
to Chapter 7 of Part 1 of Division 1 of Title 5 of the Government
Code, and to add Section 21083.4 to , and to add
Chapter 8 (commencing with Section 4810) to Part 2.5 of Division 4
of, the Public Resources Code, relating to environmental
quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1334, as amended, Kuehl. Environmental Quality.
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 the provisions of CEQA to apply to
timberland conversion and the conversion of oak woodlands, as
defined, except for the conversion of oak woodlands under the
Williamson Act. The bill would require the State Board of Forestry
and Fire Protection, on or before January 1, 2006, to develop
regulations, as specified, that, among other things, establish
mitigation criteria for those conversions and require an applicant
for an oak woodlands conversion permit to pay a fee in an amount
determined by the board.
The Williamson Act provides that a landowner and a city or county
may enter into a mutually beneficial contract to restrict the use of
agricultural land by creating an "agricultural preserve," as defined,
in order to preserve the limited supply of agricultural land
necessary to the conservation of the state's economic resources.
This bill would specify, under that act, requirements for the
conversion of oak woodlands from one agricultural use into another
agricultural use in which the land remains in agricultural use.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 4 (commencing with Section 51260) is added to
Chapter 7 of Part 1 of Division 1 of Title 5 of the Government Code,
to read:
Article 4.
SECTION 1. Chapter 8 (commencing with Section 4810) is added to
Part 2.5 of Division 4 of the Public Resources Code, to read:
CHAPTER 8. Conversion of Oak Woodlands
51260.
4810. The Legislature intends that this article shall
govern the conversion of oak woodlands from one agricultural use into
another agricultural use in which the land remains in agricultural
production.
51261.
4811. Conversion of oak woodlands, as defined in paragraph
(3) of subdivision (b) of Section 21083.4 of the Public
Resources Code , from an agricultural use into another
agricultural use in which the land remains in agricultural production
shall be required to meet one of the alternatives contained in
subdivision (d) of Section 21083.4 of the Public Resources
Code , regardless of whether a county or other local
government agency has adopted an oak woodlands management plan or
local ordinance.
51262.
4812. (a) The landowner or project proponent shall give
notice of a proposed agricultural oak woodlands conversion to the
county agricultural commissioner, and the commissioner shall provide
notice of a proposed conversion to interested members of the public.
(b) The county agricultural commissioner shall make a finding that
a mitigation alternative contained in Section 21083.4 of
the Public Resources Code has been implemented for the oak
woodlands conversion.
(c) If paragraph (4) of subdivision (d) of Section 21083.4
of the Public Resources Code is used as a
mitigation alternative, the county agricultural commissioner's
monitoring shall terminate under that subdivision.
(d) The county agricultural commissioner may require a licensed
arborist or registered professional forester to oversee mitigation,
and in those instances, the licensed arborist or registered
professional forester's reports shall be submitted to the county
agricultural commissioner.
(e) Fees may be assessed to cover the administrative costs of the
county agricultural commissioner.
51263.
4813. The county agricultural commissioner shall provide to
the public every other year, commencing on January 1, 2006, a report
of how many conversions of agricultural oak woodlands into other
agricultural uses occurred, how many acres were involved, what type
of mitigation was adopted, and other relevant information.
51264.
4814. Under procedures adopted by the Secretary of the
Resources Agency, the Secretary may revoke the applicability of this
article to a county that fails to adequately supervise oak woodlands
conversions or the mitigation of those conversions.
SEC. 2. Section 21083.4 is added to the Public Resources Code, to
read:
21083.4. (a) This division applies to an action by the State
Board of Forestry and Fire Protection for conversion of timberland,
as defined in Section 4526 and as required under Article 9
(commencing with Section 4621) of Chapter 8 of Part 2 of Division 4,
and to actions of counties for the conversion of oak woodlands. This
division does not apply to the conversion of oak woodlands
under Article 4 (commencing with Section 51260) of Chapter 7 of Part
1 of Division 1 of Title 5 of the Government Code.
woodlands under Chapter 8 (commencing with Section 4810) of Part 2.5
of Division 4.
(b) For the purposes of this section, the following terms have the
following meanings:
(1) "Conversion" of oak woodlands means cutting or removing 30
percent or more of the canopy from an oak woodland and changing the
land use so that the converted acreage will not sustain oak species
functioning as a biological unit in the future, or undertaking an
activity within the dripline of an oak tree in order to convert the
land into another use.
(2) "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.
(3) "Oak woodlands" means a tree habitat with five or more oak
trees per acre, except for valley oaks (Quercus lobata) that include
one or more trees per acre.
(4) "Onsite" means the project area.
(c) (1) On or before January 1, 2006, the State Board of Forestry
and Fire Protection shall adopt regulations pursuant to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code to implement the timberland conversion component
of subdivision (a). Notwithstanding any other provision of law, the
regulations shall provide alternatives, including the alternative
included in paragraph (2), that comply with this division for
mitigating the conversion of timberland under subdivision (b) of
Section 4628.
(2) An alternative for mitigating the conversion of timberland
pursuant to this subdivision shall include a monetary contribution to
the California Forest Legacy Program established under Division 10.5
(commencing with Section 12200) that would be expended pursuant to
the California Forest Legacy Program Act of 2000 and the guidelines
and criteria of the Wildlife Conservation Board, provided that all of
the following conditions are met:
(A) The mitigation is consistent with this division and includes
at least the same amount of acreage as the acreage proposed for
conversion.
(B) The landowner provides funds for an appraisal approved by the
department and for acquisition and management of the timberland.
(C) The landowner's monetary contribution is received prior to
final approval of the timberland conversion application.
(d) (1) A county that contains oak woodlands shall include in the
oak woodlands management plan, as defined in subdivision (i) of
Section 1361 of the Fish and Game Code, a provision that requires
mitigation as provided in this subdivision of all conversions of oak
woodlands as these terms are defined in subdivision (b). The
mitigation provisions may alternatively be adopted pursuant to a
county ordinance. Mitigation shall not be required on lands operated
by the Department of Parks and Recreation. The oak woodlands
management plan or local ordinance shall provide alternatives for
mitigating the conversion of oak woodlands that comply with this
division.
For purposes of this subdivision, "plan" means an oak woodlands
management plan; and, "county ordinance" means a county ordinance
with mitigation provisions as required by this subdivision.
(2) A county government that demonstrates to the Secretary of the
Resources Agency that it has adopted and implemented a management
plan or ordinance that complies with this subdivision is in
compliance with this section. At that time, the secretary, following
public notice via the Internet and an opportunity for public
comment, shall make an initial finding of compliance that may be
revoked or modified in appropriate circumstances in accordance with
procedures developed by the secretary.
(3) The mitigation alternatives required under paragraph (1) shall
include a monetary contribution 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, provided that both of the following
conditions are met:
(A) The landowner provides funds for an appraisal approved by the
department and for acquisition and management of the oak woodlands
conservation easement.
(B) The landowner's monetary contribution is placed in escrow
prior to final approval by the lead agency of the oak woodlands
conversion application.
(4) The mitigation alternatives required under paragraph (1) may
include the planting of replacement trees on up to 10 acres for each
oak woodlands conversion project. The planting mitigation
alternative may be used in conjunction with the other available
mitigation alternatives. This alternative shall require the planting
of oaks at appropriate locations to achieve a biologically
functioning oak woodland, and in which willing landowners restore oak
woodlands and establish them in conservation easements in
perpetuity. A plan or county ordinance shall provide requirements
for the planting, care, maintenance, monitoring, and replanting of
dead or diseased trees. A plan or county ordinance shall provide
that the obligation to care for these plantings does not expire until
at least seven years after the planting.
(5) Except as provided in paragraph (8), all mitigation options
included in an oak woodlands management plan or county ordinance
shall double in acreage the land converted and shall provide
equivalent biological value. Counties may develop a procedure,
following an opportunity for public review and comment, to reduce the
required mitigation acreage when conservation easements on, or fee
title of, superior quality mitigation lands are obtained within the
same county as the conversion. For projects within an existing
urbanized area, an urban reserve line or urban services line, or
within a sphere of influence of a city as approved by LAFCO, the
mitigation acreage may equal the acreage of the proposed project.
For the purposes of this subdivision "equivalent biological value"
means that the mitigation shall provide for the biological
relationships between the affected oak woodland and the needs of
affected plant and wildlife species in order to accommodate the
normal life cycle of those species, including migration corridors,
food availability, denning, spawning, nesting, and other functions
necessary to complete a life cycle. The habitat components shall be
in sufficient quantities and arranged to support the diverse plant
and animal species that are normally found on or use the affected oak
woodlands. A county or other local government shall use all
reasonable efforts to minimize impacts to oak woodlands along
riparian zones, near wetlands, and those that contain snags, or that
are near caves, cliffs, and burrows used by wildlife.
(6) An oak woodlands management plan or county ordinance may
provide an onsite mitigation option that requires the dedication in
perpetuity of a conservation easement on mitigation lands that are
contiguous to the project and that will provide for a biologically
functional oak woodlands.
(7) (A) An oak woodland management plan or county ordinance may
provide for offsite mitigation by requiring the procurement of oak
woodland habitat that shall be purchased in fee or by a conservation
easement and conserved in perpetuity.
(B) In consultation with the State Board of Forestry and Fire
Protection and the Department of Forestry and Fire Protection, and
subject to funding in the annual budget, the Department of Fish and
Game may establish a mitigation bank. The mitigation bank may be
used to fulfill the offsite mitigation requirements of a conversion
of oak woodlands project, but no landowner may be compelled to use
the mitigation bank. The department shall develop procedures and
other necessary regulations to implement this subdivision if the
mitigation bank is created.
(8) A county may impose a fee to cover administrative costs and
the costs of monitoring and enforcing mitigation activities.
(9) The oak woodlands management plan or county ordinance may
exempt the following activities:
(A) The conversion of three acres or less of oak woodlands, under
procedures established in the plan or county ordinance. A person or
other legal entity shall not use the exemption established in this
subparagraph more than once in each five-year period.
(B) The harvesting of fuelwood for noncommercial use by the
landowner on the parcel from which it is harvested.
(C) An approved Natural Community Conservation Plan or approved
subarea plan within an approved Natural Community Conservation Plan
that includes oaks as a covered species.
(D) The removal of dead and diseased trees that pose significant
risks to life, property, or to healthy trees.
(E) Projects within oak woodlands in which no oak trees greater
than five inches in diameter at breast height are to be removed or
projects that do not encroach upon the dripline of oak trees greater
than five inches at breast height.
(F) Affordable housing projects for low and very low income, as
defined in the Community Redevelopment Law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code), that
are located within an existing urbanized area, an urban reserve or
urban services line, or within a sphere of influence of a city as
approved by LAFCO.
(10) Nothing in this section shall prohibit a county from adopting
a plan or ordinance that is more protective of oak trees or oak
woodlands than provided in this section.
SEC. 3. 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. ____
CORRECTIONS Text -- Page 3. ____