Bill Text: CA SB1404 | 2021-2022 | Regular Session | Amended
Bill Title: California Environmental Quality Act: oak woodlands.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-19 - May 19 hearing: Held in committee and under submission. [SB1404 Detail]
Download: California-2021-SB1404-Amended.html
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Amended
IN
Senate
April 27, 2022 |
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Amended
IN
Senate
April 06, 2022 |
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Amended
IN
Senate
March 23, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Senate Bill
No. 1404
| Introduced by Senator Stern |
February 18, 2022 |
An act to amend Section 21083.4 of the Public Resources Code, relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1404, as amended, Stern.
California Environmental Quality Act: oak woodlands.
The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.
CEQA requires a county to determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a
significant effect on the environment. CEQA requires the county to require certain oak woodlands mitigation alternatives if the county determines that there may be a significant effect to oak woodlands. CEQA exempts certain projects from this requirement. CEQA requires a lead agency that adopts, and a project that incorporates, one or more of the mitigation alternatives to be deemed to be in compliance with CEQA only as it applies to effects on oaks and oak woodlands.
This bill would instead require a public lead agency to determine whether a project within its jurisdiction may result in a conversion of oak woodlands, as defined, that will have a significant effect on the
environment and to require certain oak woodlands mitigation alternatives, and would make conforming changes. The bill would provide that the removal of 3 or more oak trees within an oak woodland located within areas mapped by state or local agencies as areas critical to habitat linkage, natural resources protection, or otherwise related to biodiversity and conservation constitutes a significant effect on the environment. By imposing duties on local public lead agencies, the bill would impose a state-mandated local program.
This bill would delete the requirement that a lead agency that adopts, and a project that incorporates, one or more of the mitigation alternatives be
deemed to be in compliance with CEQA only as it applies to effects on oaks and oak woodlands. The bill would provide that these provisions shall not be construed to prohibit a person from bringing an action to set aside a decision of a public agency, including actions that allege that the lead agency failed to adequately analyze and mitigate the impacts on oak woodlands of a project.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 21083.4 of the Public Resources Code is amended to read:21083.4.
(a) For purposes of this section, the following definitions apply:(1) “Oak” means a native tree species in the genus Quercus,
not designated as Group A or Group B commercial species pursuant to regulations adopted by the State Board of Forestry and Fire Protection pursuant to Section 4526, and that is five inches or more in diameter at breast height.
(2) “Oak woodland” means an oak stand with a greater than 10 percent canopy cover, that may have historically supported greater than 10 percent canopy cover, or with savanna-like canopy cover.
(3) “Savanna-like canopy cover” means canopy cover that is less than 10 percent but is evenly distributed.
(4) “Stand” means a group or groupings of three or more trees.
(b) As part of the determination made pursuant to Section 21080.1,
a public lead agency shall determine whether a project within its jurisdiction may result in a conversion of oak woodlands that will have a significant effect on the environment. The removal of three or more oak trees within an oak woodland located within areas mapped by state or local agencies as areas critical to habitat linkage, natural resources protection, or otherwise related to biodiversity and conservation shall constitute a significant effect on the environment. The public lead
agency shall require one or more of the following oak woodlands mitigation alternatives to mitigate the significant effect of the conversion of oak woodlands:
(1) Conserve oak woodlands, through the use of conservation easements.
(2) (A) Plant an appropriate number of trees, including maintaining plantings and replacing dead or diseased trees.
(B) The requirement to maintain trees pursuant to this paragraph terminates seven years after the trees are planted.
(C) Mitigation pursuant to this paragraph shall not fulfill more than one-half of the mitigation requirement for the project.
(D) The requirements imposed pursuant to this paragraph also may be used to restore former oak woodlands.
(3) Contribute funds to the Oak Woodlands Conservation Fund, as established under subdivision (a) of Section 1363 of the Fish and Game Code, for the purpose of purchasing oak woodlands conservation easements, as specified under paragraph (1) of subdivision (d) of that section and the guidelines and criteria of
the Wildlife Conservation Board. A project applicant that contributes funds under this paragraph shall not receive a grant from the Oak Woodlands Conservation Fund as part of the mitigation for the project.
(4) Other mitigation measures developed by the public lead agency.
(c) Notwithstanding subdivision (d) of Section 1363 of the Fish and Game Code, a public lead agency may use a grant awarded pursuant to the Oak Woodlands
Conservation Act (Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code) to prepare an oak conservation element for a general plan, an oak protection ordinance, or an oak woodlands management plan, or amendments thereto, that meets the requirements of this section.
(d) The following are exempt from this section:
(1) Projects undertaken pursuant to an approved Natural Community Conservation Plan or approved subarea plan within an approved Natural Community Conservation Plan that includes oaks as a covered species or that conserves oak habitat through natural community conservation preserve designation and implementation and mitigation measures that are consistent with this section.
(2) Affordable
housing projects for lower income households, as defined pursuant to Section 50079.5 of the Health and Safety Code, that are located within an urbanized area, or within a sphere of influence as defined pursuant to Section 56076 of the Government Code.
(3) Conversion of oak woodlands on agricultural land that includes land that is used to produce or process plant and animal products for commercial purposes.
(4) Projects undertaken pursuant to Section 21080.5 of the Public Resources Code.
(e) (1) The Legislature does not intend this section to modify requirements of this division, other than with regard to effects on oaks and oak woodlands.
(2) This section shall not be construed to prohibit a person from bringing an action to set aside a decision of a public agency pursuant to Section 21167, including actions that allege that the lead agency failed to adequately analyze and mitigate the impacts on oak woodlands of a project.
(f) This section does not preclude the application of Section 21081 to a project.
(g) This section, and the regulations adopted pursuant to this section, shall not be construed as a limitation on the power of a public agency to comply with this division or any other law.
