BILL NUMBER: SB 1334	AMENDED
	BILL TEXT

	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 and Liu)

                        FEBRUARY 18, 2004

    An act to add Section 21083.4 to the Public Resources
Code, relating to environmental quality.   An act to add
Section 1373 to the Fish and Game Code, and to add Section 21083.4
to the Public Resources Code, relating to oak woodlands conservation.




	LEGISLATIVE COUNSEL'S DIGEST


   SB 1334, as amended, Kuehl.   Environmental quality
  Oak woodlands conservation:  environmental quality
 . 
   The  
   (1) The Oak Woodlands Conservation Act provides funding for the
conservation and protection of California's oak woodlands.
   This bill would require a county with oak woodlands, in
conjunction with agricultural and conservation organizations, to
develop voluntary oak conservation mitigation alternatives for oak
woodlands that are proposed to be converted to other agricultural
uses.  The bill would also require that county to direct the county
agricultural commissioner or another county officer or agency to
monitor agricultural oak woodlands conversions, as specified.  By
imposing new duties on local governments with respect to the
development of voluntary oak conservation mitigation alternatives for
oak woodlands conversions, the bill would impose a state-mandated
local program.
   (2) 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 that a county with oak woodlands 
, as defined,  include in an oak woodlands management plan,
 or an ordinance   developed pursuant to the
Oak Woodlands Conservation Act  , a provision that requires
mitigation of any conversion of oak woodlands, and would require that
the plan  or ordinance  contain specified
mitigation alternatives and procedures to minimize impacts to oak
woodlands in specified areas.   The bill would require the
county to demonstrate to the Secretary of the Resources Agency that
it has adopted and implemented an oak woodlands management plan or
ordinance that complies with the requirements of the bill.
   The bill would require that the oak woodlands mitigation
alternatives required by the provisions of the bill include a
monetary contribution to the Oak Woodlands Conservation Fund, for the
purpose of purchasing oak woodlands conservation easements as
provided.  The bill would authorize the Department of Fish and Game,
in consultation with the State Board of Forestry and the Department
of Forestry and Fire Protection to establish a mitigation bank to be
used to fulfill the offsite mitigation requirements of a conversion
of oak woodland projects.   By imposing new duties on local
governments with respect to the preparation and implementation of an
oak woodlands management plan or ordinance, the bill would impose a
state-mandated local program.  
  The  
  (3) 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.   Section 1373 is added to the Fish and Game Code,
to read:
   1373.  (a) In conjunction with agricultural and conservation
organizations, a county with oak woodlands shall develop voluntary
oak conservation mitigation alternatives for oak woodlands that are
proposed to be converted to other agricultural uses.  It is the
intent of the Legislature that a county develop voluntary oak
conservation mitigation measures for agriculture that conform with
Section 21083.4 of the Public Resources Code.
   (b) A county with oak woodlands shall direct the county
agricultural commissioner or another county officer or agency to
monitor agricultural oak woodlands conversions.  The designated
official or agency shall monitor proposed conversions of agricultural
lands into other agricultural uses, and shall maintain records that
include, but are not limited to, all of the following:
   (1) Location of the conversion.
   (2) Number and species of oak trees that were removed.
   (3) Whether mitigation was required and successfully implemented.

   (4) Whether the mitigation was in conformance with Section 21083.4
of the Public Resources Code.
  SEC. 2.   Section 21083.4 is added to the Public Resources
Code, to read:  
   21083.4.  (a) For 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, or undertaking an activity within the dripline of oaks
within that woodland in order to convert the land into another use.
   (2) "Oak"  
   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.
  
   (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. 
   (b) (1) A county with oak woodlands shall include in an oak
woodlands management plan  , or an ordinance  
developed 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)  , a provision that requires mitigation as
provided in this subdivision of a conversion of oak woodlands.  The
oak woodlands management plan  or ordinance  shall
provide for all of the following:
   (A) Alternatives for mitigating the  conservation
  conversion  of oak woodlands that comply with
this division.
   (B) Procedures to minimize impacts to oak woodlands along riparian
zones, near wetlands, and those that contain snags, or that are near
caves, cliffs, and burrows that are used by wildlife.  
   (C) Alternatives that shall double in acreage the land converted,
except for projects within an urbanized area, or within a sphere of
influence, as defined pursuant to Section 56076 of the Government
Code, the mitigation acreage may equal the acreage of the land
converted.
   (2) A county shall demonstrate to the Secretary of the Resources
Agency that it has adopted and implemented an oak woodlands
management plan or ordinance that complies with this section.  The
secretary, or his or her designee, following public notice, including
notice by means of the Internet, and after an opportunity for public
comment, shall make a finding of compliance if an oak woodlands
management plan or ordinance complies with this section.  The
management plan or ordinance may be revoked or modified in
appropriate circumstances, in accordance with procedures developed by
the secretary.
   (c) The mitigation alternatives required pursuant to paragraph (1)
of subdivision (b) 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 the
guidelines and criteria of the Wildlife Conservation Board, if all of
the following conditions are met:
   (1) The landowner provides funds for an appraisal approved by the
department and for acquisition and management of the oak woodlands
conservation easement.
   (2) The landowner's monetary contribution is placed in escrow
prior to final approval by the lead agency of the oak woodlands
conversion application.
   (3) The landowner is not a recipient of grant moneys from the Oak
Woodlands Conservation Fund to purchase an easement for mitigating
conversion of oak woodlands provided under Section 1366 of the Fish
and Game Code.
   (d) The mitigation alternatives prepared pursuant to paragraph (1)
of subdivision (b) may include any of the following:
   (1) Planting of replacement trees for each oak woodlands
conversion project.  The planting mitigation alternative may be used
in conjunction with the other available mitigation alternatives.
This alternative shall do all of the following:
   (A) Require the planting of oaks at appropriate locations to
achieve a biologically functioning oak woodlands, and in which
willing landowners restore oak woodlands and establish these oaks in
conservation easements in perpetuity.
   (B) Provide requirements for the planting, care, maintenance,
monitoring, and replanting of dead or diseased trees.
   (C) Provide that the obligation to care for these plantings does
not expire until at least seven years after the date of the planting.

   (2) Onsite mitigation that requires the dedication in perpetuity
of a conservation easement on mitigation lands that are contiguous to
the project.
   (3) (A) Offsite mitigation that requires 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 a landowner may not be compelled to use
the mitigation bank.  The department shall develop procedures and
other necessary regulations to implement this subparagraph if the
mitigation bank is created.
   (e)  
   (C) Mitigation implemented pursuant to this subdivision shall
fully mitigate the significant effects of a project.  Mitigation
shall conserve in perpetuity, through the use of conservation
easements, two oak trees of the same species for each oak tree that
is removed, except as provided in subparagraph (D).
   (D) Up to 20 percent of the total mitigation for a project
undertaken pursuant to this subdivision may be mitigated by the
planting of seedlings.  A county shall require the planting of three
seedlings for each oak tree that is removed provided that both of the
following conditions are met:
   (i) Requirements for the planting, care, maintenance, monitoring,
and replanting of dead or diseased trees are incorporated into the
mitigation.
   (ii) The requirements to maintain the plantings and replace dead
or diseased trees does not expire for seven years.
   (E) The mitigation may occur on the site of a project or may occur
within the county or as close to the project as is reasonably
practicable, provided that the same species of oak trees affected by
the project are indigenous to the area proposed for mitigation.
Conservation easements in perpetuity shall be obtained to protect all
trees planted as mitigation pursuant to this section.
   (2) Notwithstanding any other provision of law, 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 subdivision.
   (c) The oak woodlands management plan  or county
ordinance may   shall  exempt the following
activities:  
   (1) 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.
   (2)  
   (1)  The harvesting of fuelwood for noncommercial use by the
landowner on the parcel of land from which it is harvested.  

   (3)  
   (2)  An approved Natural Community Conservation Plan or
approved subarea plan within an approved Natural Community
Conservation Plan that includes oaks as a covered species.  
   (4)  
   (3)  The removal of dead and diseased trees that pose
significant risks to life, property, or to healthy trees.  
   (5)  
   (4)  Projects within oak woodlands in which oak trees that
are not 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.  
   (6)  
   (5)  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.  
   (f)  
   (d)  This section, and the regulations adopted pursuant to
this section, may 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.