BILL NUMBER: SB 1334	AMENDED
	BILL TEXT

	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 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.  Oak woodlands conservation:
environmental quality.
   (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 include
in an oak woodlands management plan,  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
contain specified mitigation alternatives and procedures to minimize
impacts to oak woodlands in specified areas.   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.
  (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   land  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.  
   (c) For the purposes of this section, agricultural land includes
land that is used for the purpose of producing or processing plant
and animal products for commercial purposes. 
  SEC. 2.  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)  (1)  A county with oak woodlands shall
include in an oak woodlands management plan 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   section  of a conversion of oak
woodlands.  The oak woodlands management plan shall provide for all
of the following:  
   (A)  
   (1)  Alternatives for mitigating the  conversion of oak
woodlands that comply with this  division  
section  .  
   (B)  
   (2)  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) 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)  
   (c) As part of the determination made pursuant to Section 21080.1,
a county shall determine whether a project within its jurisdiction
will result in a conversion of oak woodlands that will have a
significant effect on the environment.  If there is a finding of
significant effect, the county shall consider the following oak
woodlands mitigation alternatives:
   (1) Conserve in perpetuity, through the use of conservation
easements, two oak trees of the same species for each oak tree that
is removed.
   (2) Restore former oak woodlands provided that at least twice as
many trees will be restored as the project removes.
   (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.  The amount of the contribution shall be
approximately equivalent to the cost of implementing another
mitigation alternative.
   (d)  Up to 20 percent of the total mitigation for a project
undertaken pursuant to this  subdivision  
section  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)  
   (1)  Requirements for the planting, care, maintenance,
monitoring, and replanting of dead or diseased trees are incorporated
into the mitigation.  
   (ii)  
   (2)  The requirements to maintain the plantings and replace
dead or diseased trees does not expire for seven years.  
   (E)  
   (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)  
   (f)  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   section  .  

   (c)  
   (g)  The oak woodlands management plan  shall exempt the
following activities:
   (1) The harvesting of fuelwood for noncommercial use by the
landowner on the parcel of land from which it is harvested.
   (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.
   (3) The removal of dead and diseased trees that pose significant
risks to life, property, or to healthy trees.
   (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.
   (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.  
   (d)  
   (6) Projects undertaken pursuant to Section 1373 of the Fish and
Game Code or Section 21080.5 of the Public Resources Code.
   (h) Counties with ordinances in effect prior to the effective date
of the act adding this section, in which the required mitigation
contained is in substantial conformance with this section, do not
need to adopt a new ordinance.
   (i)  This section, and the regulations adopted pursuant to
this section,  may   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.