BILL ANALYSIS
SB 1334
Page 1
SENATE THIRD READING
SB 1334 (Kuehl)
As Amended August 17, 2004
Majority vote
SENATE VOTE :23-13
NATURAL RESOURCES 7-3 APPROPRIATIONS 12-5
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|Ayes:|Jackson, Hancock, Koretz, |Ayes:|Chu, Berg, Laird, |
| |Laird, Lieber, Lowenthal, | |Corbett, Goldberg, Leno, |
| |Wolk | |Nation, Pavley, |
| | | |Ridley-Thomas, Wesson, |
| | | |Wiggins, Yee |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|La Malfa, Harman, Keene |Nays:|Runner, Bates, Daucher, |
| | | |Haynes, Keene |
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SUMMARY : Requires counties with oak woodlands to consider
certain oak conservation mitigation alternatives for oak
woodlands that are proposed to be converted. Specifically, this
bill :
1)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 five inches or more in diameter at
breast height.
2)Requires a county, after determining a project within its
jurisdiction may result in a conversion of oak woodlands that
will have a significant effect on the environment, in the
course of preparing an environmental impact report or
mitigated negative declaration to consider the following oak
woodlands mitigation alternatives:
a) Conserve oak woodlands, through the use of conservation
easements;
b) Plant an appropriate number of trees, maintaining them
for seven years after the trees are planted;
SB 1334
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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; and,
d) Other mitigation measures developed by the county.
3)Allows counties 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 or amendments that meet the
requirements of this bill.
4)Exempts the following from this section:
a) Projects undertaken pursuant to an approved Natural
Community Conservation Plan or approved sub-area plan
within an approved Natural Community Conservation Plan that
includes oaks as covered species;
b) Projects that conserve oak habitat through natural
community conservation preserve designation;
c) Affordable housing projects for lower income households
that are located within an urbanized area or within a
sphere of influence;
d) Conversion of oak woodlands on agricultural land that
includes land that is used to produce or process plant and
animal products for commercial purposes; and,
e) Projects that are subject to a regulatory program
certified by the Resource Secretary as a functional
equivalent of the California Environmental Quality Act.
5)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.
SB 1334
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COMMENTS : 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.
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 the
Department of Forestry and Fire Protection's timberland
conversion permit process.
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.
Analysis Prepared by : Manuel Valencia / NAT. RES. / (916)
319-2092
FN: 0007878