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April 1994
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Vernal Tangle

More than one hiker has accidentally discovered a vernal pool on a seemingly dry path or field - by stepping into the muck. Stepping into an unexpected muck might also be a good description of what happened to State Senator Tim Leslie, R-Roseville when he introduced legislation (SB 1708) to create a vernal pools mitigation bank.

"The intention of this legislation was to simply create something confined to the financing side of the equation," says spokesman Roger Wildermuth. "But we are realizing it is going to be very difficult to limit ourselves just to financing, and that we'll have to work with the issue of regulation."

Leslie's legislation would create a bank account developers could pay into when they encounter environmental impact problems with vernal pools. Such mitigation banks for all kinds of wetlands have been endorsed not only by frustrated developers but also by major environmental groups and agencies.

Cal Fish & Game's counsel Hal Thomas says mitigation banks are viewed as a key to the implementation of a new strategy of advance, rather than reactionary planning. He says the state hopes to see the creation of central land refuges, purchased with development mitigation monies, all over California.

But so far, mitigation bank legislation has been unable to get past the four federal and two state agencies involved in wetland regulation, and Leslie's bill is no exception. Relief is some form may appear this summer, when the National Academy of Sciences releases a report on how wetland regulation can be untangled.

"We have an attorney that we work with who candidly admits this is one of the most complicated areas of law, and one that he often doesn't understand," says Wildermuth.

Leslie says he's committed to making the idea work, despite the mess. "Not only would this bill provide a new model for balancing the needs of business and the environment, but it would also do so without asking taxpayers to foot the bill," he says.

Contact: Roger Wildermuth (916)969-8232

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