BILL ANALYSIS
Appropriations Committee Fiscal Summary
1334 (Kuehl)
Hearing Date: 05/10/04 Amended: 4/28/04
Consultant: Miriam Barcellona Ingenito Policy
Vote: EQ 5-1
____________________________________________________________
___
BILL SUMMARY: SB 1334 would (1) require a county with oak
woodlands to include a provision in an oak woodlands
management plan, or an ordinance, that requires mitigation
of any conversion of oak woodlands; (2) require that the
plan or ordinance contain specified mitigation alternatives
and procedures to minimize impacts to oak woodlands in
specified areas; and (3) require a county to demonstrate to
the Secretary of the Resources Agency (RA) that it has
adopted and implemented a plan or ordinance that satisfies
the requirements of this bill. SB 1334 would require that
a provision of a county's oak woodlands management plan or
ordinance require specified mitigation, including a
monetary contribution to Oak Woodlands Conservation Fund.
SB 1334 would authorize the Department of Fish and Game
(DFG), in consultation with the Department of Forestry and
Fire Protection (CDFFP) and the Board of Forestry (BOF) to
establish a mitigation bank to be used to fulfill the
offsite mitigation requirements.
____________________________________________________________
___
Fiscal Impact (in thousands)
Major Provisions 2004-05 2005-06
2006-07 Fund
Resources Agency $100 $200
$200 GF
Guidelines/Review
DFG
Guidelines/Administration $25-$50
Regulations and Mitigation unknown, potentially
significant cost pressure SF*
Bank Operations
CDF - Consultation minor and absorbable
GF
___________
*Oak Woodlands Conservation Fund
____________________________________________________________
___
STAFF COMMENTS: This bill meets the criteria for referral
to the suspense file. SB 1334 would require RA to verify
that a county has adopted and implemented an oak woodlands
management plan or ordinance. Additionally, RA would be
required to make a finding of compliance with the
provisions of this bill, after allowing for public comment.
RA would also need to develop procedures to revoke or
modify management plan or ordinance verification. RA
estimates that it would require two positions ($200,000) to
fully implement the provisions of this bill.
SB 1334 would authorize DFG, in consultation with BOE and
CDFFP, to establish a mitigation bank. Additionally, SB
1334 requires DFG to develop procedures and regulations to
implement the mitigation bank if it is created. SB 1334
states that the creation of the mitigation bank is subject
to funding in the annual budget. SB 1334 creates an
unknown, potentially significant cost pressure to create
the mitigation bank.