BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1334|
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UNFINISHED BUSINESS
Bill No: SB 1334
Author: Kuehl (D), et al
Amended: 8/17/04
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
SENATE FLOOR : 23-13, 5/25/04
AYES: Alarcon, Alpert, Bowen, Burton, Cedillo, Chesbro,
Ducheny, Dunn, Escutia, Figueroa, Karnette, Kuehl,
Murray, Ortiz, Perata, Romero, Scott, Sher, Soto, Speier,
Torlakson, Vasconcellos, Vincent
NOES: Aanestad, Ackerman, Ashburn, Battin, Brulte, Denham,
Florez, Hollingsworth, Margett, McClintock, McPherson,
Oller, Poochigian
NO VOTE RECORDED: Johnson, Machado, Morrow, Vacancy
ASSEMBLY FLOOR : 41-34, 8/23/04 - See last page for vote
SUBJECT : California Environmental Quality Act
SOURCE : Author
CONTINUED
SB 1334
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DIGEST : This bill requires counties with oak woodlands
to consider certain oak conservation mitigation
alternatives for oak woodlands that are proposed to be
converted.
Assembly Amendments make various changes, including:
1.Limiting the bill to projects within the California
Environmental Quality Act.
2.Revising the oak woodlands mitigation alternatives to be
considered and the activities that are exempt from the
requirements of the bill.
3.Providing that a lead agency that adopts one or more of
the mitigation measures shall be deemed to be in
compliance only as it applies to effects on oak and oak
woodlands.
ANALYSIS :
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.
C. Contribute funds to the Oak Woodlands Conservation
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Fund for the purpose of purchasing oak woodlands
conservation easements, as specified by the
guidelines and criteria of the Wildlife Conservation
Board.
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.
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.
Comments
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According to the author's office, California has lost more
than a million acres of oak woodlands since 1950, and more
than 40 percent 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 State 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 percent of
California's remaining hardwood rangeland in the next 35
years to future vineyards and rural subdivisions.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
Unknown.
SUPPORT : (Verified 8/24/04)
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
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Sierra Club California
Vote the Coast
OPPOSITION : (Verified 8/24/04)
The following groups opposed the prior version of the bill :
California Agricultural Commissioners and Sealers
Association
Kern County Water Agency
Coalition, Transportation Corridor Agencies of Orange
County
Tulare County Farm Bureau
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.
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Canciamilla, Chan, Chavez, Chu,
Cohn, Corbett, Correa, Diaz, Dutra, Dymally, Firebaugh,
Frommer, Goldberg, Hancock, Jackson, Kehoe, Laird, Leno,
Levine, Lieber, Liu, Longville, Lowenthal, Montanez,
Mullin, Nakano, Nation, Oropeza, Pavley, Ridley-Thomas,
Salinas, Simitian, Steinberg, Vargas, Wesson, Wiggins,
Wolk, Yee, Nunez
NOES: Aghazarian, Bates, Benoit, Bogh, Campbell, Cogdill,
Cox, Daucher, Dutton, Garcia, Harman, Haynes, Shirley
Horton, Keene, La Malfa, La Suer, Leslie, Maddox,
Maldonado, Matthews, Maze, McCarthy, Mountjoy, Nakanishi,
Pacheco, Parra, Plescia, Reyes, Richman, Runner,
Samuelian, Spitzer, Strickland, Wyland
NO VOTE RECORDED: Calderon, Jerome Horton, Houston, Koretz,
Negrete McLeod
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CP:cm 8/24/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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