BILL ANALYSIS                                                                                                                                                                                                    




                    Appropriations Committee Fiscal Summary
          
                                           1334 (Kuehl)
          
          Hearing Date:  05/20/04         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
           DFG
           Guidelines/Administration  $25-$50                          
                                                     GF
          CDF - Consultation         minor and absorbable              
                                    GF

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          STAFF COMMENTS: 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.  

          PROPOSED AMENDMENTS:  The author proposes amendments to  
          delete the requirement of the Resources Agency oversight  
          and delete authorization for an oak woodlands mitigation  
          bank.