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             
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          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. 
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                          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
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          *Oak Woodlands Conservation Fund










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          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.