BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1334|
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THIRD READING
Bill No: SB 1334
Author: Kuehl (D), et al
Amended: 5/24/04
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-1, 4/19/04
AYES: Sher, Chesbro, Figueroa, Kuehl, Romero
NOES: Denham
NO VOTE RECORDED: McPherson
SENATE APPROPRIATIONS COMMITTEE : 7-4, 5/20/04
AYES: Alpert, Bowen, Burton, Escutia, Karnette, Murray,
Speier
NOES: Battin, Aanestad, Ashburn, Poochigian
NO VOTE RECORDED: Johnson, Machado
SUBJECT : California Environmental Quality Act
SOURCE : Author
DIGEST : This bill requires a county with oak woodlands
to develop voluntary oak conservation mitigation
alternatives for oak woodlands proposed for conversion to
other agricultural uses. The bill requires a county with
oak woodlands to include in an oak woodlands management
plan, a provision that requires mitigation of any
conversion of oak woodlands, and requires that the plan or
ordinance contain specified mitigation alternatives and
procedures to minimize impacts to oak woodlands in
specified areas.
CONTINUED
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ANALYSIS : Existing law, under the California
Environmental Quality Act (CEQA), requires lead agencies
with the principal responsibility for carrying out or
approving a proposed project to prepare a negative
declaration, mitigated declaration, or environmental impact
report (EIR) for this action, unless the project is exempt
from CEQA. CEQA includes various statutory exemptions, as
well as categorical exemptions in the CEQA guidelines.
CEQA also clarifies that certain types of projects are
subject to the act (e.g., Napa Valley rail service, certain
higher education facilities).
This bill:
1.Requires 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.
2.Requires a county with oak woodlands to direct the county
agricultural commissioner or another county officer or
agency to monitor agricultural oak woodlands conversions.
3.Requires the designated official or agency to monitor
proposed conversions of agricultural lands into other
agricultural uses, and shall maintain specified records.
4.Requires a county with oak woodlands to include a
provision in an oak woodlands management plan that
requires mitigation of any conversion of oak woodlands.
5.Requires that the plan or ordinance contain specified
mitigation alternatives and procedures to minimize
impacts to oak woodlands in specified areas.
6.Authorizes, notwithstanding any other provision of law, a
county to use a grant awarded pursuant to the Oak
Woodlands Conservation Act to prepare an oak conservation
element for a general plan, an oak protection ordinance,
or an oak woodlands management plan, that meets the
requirements of this bill.
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7.Exempts specified activities from the requirements of the
bill.
Comments
Purpose of Bill . According to the author's office, "The
conversion of oak woodlands and timberlands in California
into residential ranchettes and intensive agriculture has
created an unprecedented threat to California's signature
landscapes. More than one million acres of California's
oak woodlands have been lost since 1950 along with nearly
90 percent of riparian woodland statewide. Other threats
to oak woodlands include the fragmentation of large ranches
into small exurban lots. For example, in Nevada County,
the median size of landholdings in 1957 was 550 acres, and
by 2001 had been reduced to just nine acres. The
fragmentation leads to an increase in roads, invasion of
exotic plant and animal species, and fencing, all of which
causes harm to indigenous wildlife. Vineyard expansion in
coastal counties and some areas of the Sierra foothills
also seriously contributes to the loss of oak woodlands."
The author's office notes that CEQA "is supposed to require
mitigation for the loss of oak woodlands. However, local
governments often fail to enforce this aspect of CEQA.
Local ordinances dealing with oak woodlands are often
voluntary. In reality, there is no effective mechanism in
existing law to mitigate for the loss of oak woodlands."
Brief Background on CEQA . CEQA provides a process for
evaluating the environmental effects of a project, and
includes statutory exemptions, as well as categorical
exemptions in the CEQA guidelines. If a project is not
exempt from CEQA, an initial study is prepared to determine
whether a project may have a significant effect on the
environment. If the initial study shows that there would
not be a significant effect on the environment, the lead
agency must prepare a negative declaration. If the initial
study shows that the project may have a significant effect
on the environment, the lead agency must prepare an EIR.
Generally, an EIR must accurately describe the proposed
project, identify and analyze each significant
environmental impact expected to result from the proposed
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project, identify mitigation measures to reduce those
impacts to the extent feasible, and evaluate a range of
reasonable alternatives to the proposed project. Prior to
approving any project that has received environmental
review, an agency must make certain findings. If
mitigation measures are required or incorporated into a
project, the agency must adopt a reporting or monitoring
program to ensure compliance with those measures.
If a mitigation measure would cause one or more significant
effects in addition to those that would be caused by the
proposed project, the effects of the mitigation measure
must be discussed but in less detail than the significant
effects of the proposed project.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, cost to
the General Fund of $50,000 in 2004-05.
SUPPORT : (Verified 5/24/04)
California Oak Foundation, Defenders of Wildlife
Campaign for Old Growth
Elsinore-Murrieta Area Resource Conservation District
Endangered Habitats League
Forestry Monitoring Project
Friends of Hedionda Creek
Hills for Everyone
Mountains Restoration Trust
Natural Resources Defense Counsel
Northeast Trees (L.A.)
Planning and Conservation League
Sierra Club California
Vote the Coast
OPPOSITION : (Verified 5/24/04)
The following groups opposed the prior version of the bill :
Agricultural Council of California
Association of California Water Agencies
California Agricultural Commissioners and Sealers
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Association
California Association of Realtors
California Association of Winegrape Growers
California Building Industry Association
California Business Properties Association
California Cattlemen's Association
California Chamber of Commerce
California Farm Bureau Federation
California Grain and Feed Association
California Manufacturers and Technology Association
California Association of Counties
California Wool Growers Association
Consulting Engineers and Land Surveyors of California
Family Winemakers of California
Forest Landowners of California
Kern County Water Agency
Lumber Association of California and Nevada
Regional Council of Rural Counties
Resource Landowners
Coalition, Transportation Corridor Agencies of Orange
County
Tulare County Farm Bureau
Wine Institute
ARGUMENTS IN SUPPORT : Supporters generally note the
value of the state's oak woodlands (e.g., support thousands
of plants and animals, watershed functions, scenery that
supports tourist industry), problems associated with the
conversion of oak woodlands, and the importance of
mitigating conversion impacts and establishing appropriate
mitigation options.
ARGUMENTS IN OPPOSITION : Unavailable on current version
of the bill.
CP:cm 5/24/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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