BILL ANALYSIS
SB 1334
Page 1
Date of Hearing: June 14, 2004
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Hannah-Beth Jackson, Chair
SB 1334 (Kuehl) - As Amended: June 7, 2004
SENATE VOTE : 23-13
SUBJECT : Oak woodland conversion.
SUMMARY : This bill requires counties with oak woodlands to
develop voluntary oak conservation mitigation alternatives for
oak woodlands that are proposed to be converted to agricultural
uses.
EXISTING LAW :
1)The Oak Woodlands Conservation Act (Oak Act), which is
administered by the Wildlife Conservation Board (WCB) in
consultation with the Department of Forestry and Fire
Protection (CDF), other public agencies, and affected private
entities, allocates bond proceeds from the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Act
of 2000 (The Villaraigosa-Keeley Act) (Public Resources Code
5096.300 et seq.) (Proposition 12) for the purchase of
conservation easements to protect oak woodlands, the
preparation of oak conservation elements for local general
plans and related purposes.
2)The California Forest Legacy Program Act of 2000, which is
administered by CDF with staff assistance from the WCB,
provides for the acquisition of conservation easements to
protect oak woodlands, old growth forests, wildlife habitat,
and other forest resources. Funding for acquiring conservation
easements is provided from Proposition 12 bond proceeds and
matching funds pursuant to the federal forest legacy program.
3)California Environmental Quality Act (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
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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 environmental
impact report (EIR) must accurately describe the proposed
project, identify and analyze each significant environmental
impact expected to result from the proposed 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.
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THIS BILL :
1)Requires a county with oak woodlands to develop voluntary oak
conservation mitigation alternatives for oak woodlands that
are proposed to be converted to agricultural uses.
2)Requires a county with oak woodlands to designate a county
official or agency to monitor agricultural oak woodlands
conversions and maintain records that include, but are not
limited to, all of the following:
a) Location of the conversion;
b) Number and species of oak trees that were removed;
c) Whether mitigation was successfully implemented; and,
d) Whether the mitigation was in conformance with
applicable state law.
3)Defines "agricultural land" to include land that is used for
the purpose of producing or processing plant and animals
products for commercial purposes.
4)Defines "oak" to mean a native tree species in the genus
Quercus, not designated as a commercial species pursuant to
regulations adopted by the State Board of Forestry and Fire
Protection and that is 5 inches or more in diameter at breast
height.
5)Requires a county with oak woodlands to include in an oak
woodlands management plan, developed pursuant to the Oak Act,
the following:
a) Alternatives for mitigating the conversion of oak
woodlands that comply with this section; and,
b) Procedures to minimize impacts to oak woodlands along
riparian zones, near wetlands, and those that contain
snags, or that are near caves, cliffs and burrows that are
used by wildlife.
6)Requires a county, after determining a project within its
jurisdiction will result in a conversion of oak woodlands that
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will have a significant effect on the environment, in the
course of preparing an EIR or mitigated negative declaration
to consider the following oak woodlands mitigation
alternatives:
a) Conserve in perpetuity, through the use of conservation
easements, two oak trees of the same species for each oak
tree that is removed;
b) Restore former oak woodlands provided that at least
twice as many trees will be restored as the project
removes;
c) Contribute funds to the Oak Woodlands Conservation Fund
for the purpose of purchasing oak woodlands conservation
easements, as specified by the guidelines and criteria of
the Wildlife Conservation Board. The amount of the
contribution shall be approximately equivalent to the cost
of implementing another mitigation alternative.
7)Allows up to 20 percent of the total mitigation to be
mitigated by the planting of seedlings whereby the county
shall require the planting of three seedlings for each oak
tree that is removed provided that both conditions are met:
a) Requirements for the planting, care, maintenance,
monitoring and replanting of dead or diseased trees are
incorporated into mitigation; and,
b) The requirements to maintain the plantings and replace
dead or diseased trees does not expire for seven years.
8)Allows the mitigation to occur on the site of a project or
within the county or as close to the project as is reasonably
practicable.
9)Allows counties to use a grant awarded pursuant to the Oak Act
to prepare an oak conservation element for a general plan, an
oak protection ordinance or an oak woodlands management plan
or amendments that meet the requirements of this bill.
10)Requires the oak woodlands management plan to exempt the
following activities:
a) The harvesting of fuelwood for noncommercial use by the
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landowner on the parcel of land from which it is harvested;
b) An approved Natural Community Conservation Plan or
approved sub-area plan within an approved Natural Community
Conservation Plan that includes oaks as covered species;
c) The removal of dead and diseased trees that pose
significant risks to life, property or to healthy trees;
d) Projects within oak woodlands in which oak trees that
are not greater than 5 inches in diameter at breast height
are to be removed or projects that do not encroach up on
the drip-line of oak trees greater than 5 inches at breast
height;
e) Affordable housing projects for lower income households
that are located within an urbanized area or within a
sphere of influence; and,
f) Projects that are subject to a regulatory program
certified by the Resource Secretary as a functional
equivalent of CEQA.
11)Does not require counties that already have ordinances in
effect prior to the effective date of this bill, to comply if
the county's mitigation ordinances are in substantial
conformance with this bill.
FISCAL EFFECT : According to the Senate Appropriations
Committee analysis, approximately $25,000-$50,000 for the
Department of Fish & Game administration and minor, absorbable
costs for CDF consultation.
COMMENTS :
1)Background
According to the author's office, California has lost more than
a million acres of oak woodlands since 1950, and more than 40%
of the total based on historic estimates. The conversion of
oak woodlands in California into residential ranchettes and
other developments has created an unprecedented threat to
California's signature landscapes.
2)Conversion Defined
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Conversion, with regard to oak woodlands, means changing land
uses to uses such as livestock grazing, vineyards and the
growing and harvesting of other commodities, and residential
and commercial development. Conversion generally results in
the removal of most or all the trees in the oak woodlands.
Conversion of oak woodlands is not currently subject to CDF's
timberland conversion permit process.
3)Oak Woodlands
According to the CDF, there are about 10 million acres of oak
woodlands remaining in California. Though no comprehensive
data exist to track the statewide rate of oak woodlands
conversion, oak woodlands acreage has declined precipitously
over the past 30 years. Conversion is only one factor leading
to the decline in oak woodland acreage, however, since oak
tree stands in California are also susceptible to oak
regeneration problems and, in recent years, the spread of the
fungus that causes Sudden Oak Death. Oak woodlands in
California have been divided into eight geographical regions
with the following acreage: North Coast (2.1 million);
Klamath/South Cascade (940,000); Modoc (5,000); Central Coast
(1.9 million); Southern California (590,000); Central Valley
(960,000); Sierra Nevada Foothills (2.1 million); and Sierra
Nevada (590,000).
According to the author's office, by 2040, it is predicted that
approximately 800,000 acres of hardwoods and approximately
600,000 acres of savanna (rangeland with trees at long
intervals) will be developed into housing with one or more
unit for each 20 acres. Supporters argue the state is likely
to lose at least 14% of California's remaining hardwood
rangeland in the next 35 years to future vineyards and rural
subdivisions.
REGISTERED SUPPORT / OPPOSITION, AS OF MAY 24, 2004 :
Support
California League of Conservation Voters
Defenders of Wildlife
Natural Resources Defense Council
Planning and Conservation League
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Opposition
Agricultural Council of California
Aliance for Habitat Conservation
Association Generla Contractors
Association of California Water Agencies
California Agricultural Commissioners and Sealers Association
California Association of REALTORS
California Association of Winegrape Growers
California Building Industry Association
California Cattlemen's Association
California Chamber of Commerce
California Farm Bureau
California Grain and Feed Association
California Manufacturers and Technology Association
California State Association of Counties
California Wool Growers Association
Consulting Engineers and Land Surveyors of California
Contra Costa Water District
Family Winemakers of California
Forest Landowners of California
Fresno County Farm Bureau
Kern County Water Agency
Los Angeles County Board of Supervisors
Lumber Association of California and Nevada
Regional Council of Rural Counties
Resources Landowners Coalition
Transportation Corridor Agencies of Orange County
Analysis Prepared by : Manuel Valencia / NAT. RES. / (916)
319-2092