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.