BILL NUMBER: AB 2859	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 7, 2008
	AMENDED IN ASSEMBLY  APRIL 23, 2008
	AMENDED IN ASSEMBLY  APRIL 8, 2008

INTRODUCED BY   Assembly Member Gaines

                        FEBRUARY 22, 2008

   An act to amend Sections 4527, 4716, and 4953 of the Public
Resources Code, relating to public resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2859, as amended, Gaines. Public resources: fire prevention and
control: forest protection.
   (1) Existing law, the Z'berg-Nejedly Forest Practice Act of 1973,
is intended to create and maintain an effective and comprehensive
system of regulation and use of all timberlands to ensure, among
other things, that productivity of timberlands is restored, enhanced,
and maintained, where feasible. The act defines timber operations to
mean the cutting or removal, or both, of timber or other solid wood
forest products, including Christmas trees, from timberlands for
commercial purposes, together with all the incidental work,
including, but not limited to, construction and maintenance of roads,
fuelbreaks, firebreaks, stream crossings, landings, skid trails, and
beds for the falling of trees, fire hazard abatement, and site
preparation that involves the disturbance of soil or burning of
vegetation following timber harvesting activities conducted after a
certain date, but excludes preparatory work such as treemarking,
surveying, or roadflagging.
   This bill would exclude from the definition of timber operations
the removal of certain size trees from firebreaks and fuelbreaks that
meet specified criteria, including that the project and
project-based review for projects on forested landscapes, be prepared
by or in consultation with a registered professional forester.
   (2) Existing law requires owners of timber or timberlands to
control or eradicate insect pests and plant diseases on lands they
own or control. Whenever the Director of Forestry and Fire Protection
determines that an area is infested or infected with insect pests or
plant diseases injurious to timber or forest growth and the
infestation is a menace to adjacent owners' timber or timberland, the
director, with approval of the State Board of Forestry and Fire
Protection, is authorized to declare a zone of infestation or
infection, and the department may go upon state or private lands,
within the zone. The department is required to eradicate or control
the infestation or infection in a manner approved by the board.

   This bill would require the department to eradicate or control the
infestation or infection through treatments, including, but not
limited to, removing dead vegetation, restricting access, and
implementing of equipment and vehicle sanitation practices. The bill
would authorize the department to remove specified live vegetation
and soil within a zone of infestation or infection.  
    The bill would set parameters authorizing the department to take
certain preventative actions within a zone of infestation or
infection. 
   (3) Existing law creates the California Conservation Camp program
to provide for the training and use of inmates and wards assigned to
the conservation camps in furtherance of public conservation. The
Department of Forestry and Fire Protection is required to use inmates
and wards assigned to the conservation camps in performing fire
prevention, fire control, and other work of the department. The
department is authorized to enter into contracts or cooperative
agreements, subject to certain restrictions, with public agencies for
the performance of other conservation projects that are appropriate
for those public agencies, under policies established by the Prison
Industry Authority.
   This bill would also authorize the department to enter into the
specified contracts or cooperative agreements with qualified
nonprofit organizations, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4527 of the Public Resources Code is amended to
read:
   4527.  (a) (1) "Timber operations" means the cutting or removal,
or both, of timber or other solid wood forest products, including
Christmas trees, from timberlands for commercial purposes, together
with all the incidental work, including, but not limited to,
construction and maintenance of roads, fuelbreaks, firebreaks, stream
crossings, landings, skid trails, and beds for the falling of trees,
fire hazard abatement, and site preparation that involves
disturbance of soil or burning of vegetation following timber
harvesting activities conducted after January 1, 1988, but excluding
preparatory work such as treemarking, surveying, or roadflagging.
   (2) "Commercial purposes" includes (A) the cutting or removal of
trees that are processed into logs, lumber, or other wood products
and offered for sale, barter, exchange, or trade, or (B) the cutting
or removal of trees or other forest products during the conversion of
timberlands to land uses other than the growing of timber that are
subject to Section 4621, including, but not limited to, residential
or commercial developments, production of other agricultural crops,
recreational developments, ski developments, water development
projects, and transportation projects.
   (b) For purposes of this section, the removal of trees less than
16 inches in diameter at breast height from a firebreak or fuelbreak
does not constitute "timber operations" if the removal meets all of
the following criteria:
   (1) It is located within 500 feet of the boundary of an urban wild
land interface community at high risk of wildfire, as defined on
pages 752, et seq. of Number 3 of Volume 66 (January 4, 2001) of the
Federal Register, as that definition may be amended from time to
time. For purposes of this paragraph, "urban wildland interface
community at high risk of wildfire" means an area having one or more
structures for every five acres.
   (2) It is part of a community wildfire protection plan approved by
the department or part of a department fire plan.
   (3) The trees to be removed will not be processed into logs or
lumber.
   (4) The work to be conducted is under a firebreak or fuelbreak
project that has been subject to a project-based review pursuant to a
negative declaration, mitigated negative declaration, or
environmental impact report in compliance with the California
Environmental Quality Act (Division 13 (commencing with Section
21000)). For projects to be conducted on forested landscapes, as
defined in Section 754, the project and the project-based review
shall be prepared by or in consultation with a registered
professional forester.
   (5) The removal of surface and ladder fuels is consistent with
paragraph (9) of subdivision (k) of Section 4584.
  SEC. 2.  Section 4716 of the Public Resources Code is amended to
read:
   4716.  (a) Whenever the director determines that there exists an
area that is infested or infected with insect pests or plant diseases
injurious to timber or forest growth and that the infestation or
infection is of such a character as to be a menace to the timber or
timberlands of adjacent owners, the director, with the approval of
the board, may declare the existence of a zone of infestation or
infection, and describe and fix its boundaries.
   (b) If the director declares the existence of a zone of
infestation or infection pursuant to subdivision (a), the department
or its agents may go upon state and private lands within the zone of
infestation or infection and shall cause the infestation or infection
to be  eradicated or controlled through treatments,
including, but not limited to, removing dead vegetation, restricting
access, and implementing of equipment and vehicle practices in a
manner that is approved by the board.  
   (c) Within a zone of infestation or infection, the department may
remove the following:  
   (1) Live vegetation that is directly adjacent to dead or dying
vegetation and substantially at risk of infestation or infection.

    (2)     Soil that
harbors or could reasonably harbor insects or pathogens that are
injurious to timber or forest growth and that have the potential to
facilitate the spread of insects or pathogens to live trees or
substantially increase the risk of subsequent infestations or
infections.  eradicated or controlled in a manner that
is approved by the board.  
   (c) (1) Within a zone of infestation or infection, the department
may remove live vegetation directly adjacent to dead or dying
vegetation that is substantially at risk of infestation or infection.
 
   (2) The department may also remove soil that harbors or could
reasonably harbor insects or pathogens injurious to timber or forest
growth, and that have the potential to facilitate the spread of
insects or pathogens to live trees or could substantially increase
the risk of subsequent infestations or infections. 
  SEC. 3.  Section 4953 of the Public Resources Code is amended to
read:
   4953.  (a) The department shall utilize inmates and wards assigned
to conservation camps in performing fire prevention, fire control,
and other work of the department. At times it deems proper and on
terms it deems wise, the department may enter into contracts or
cooperative agreements with a public agency, local, state, or
federal, or with a qualified nonprofit organization, as determined by
the department for the performance of other conservation projects
that are appropriate for those public agencies or a nonprofit
organization under policies that shall be established by the Prison
Industry Authority. The charge for the service shall be determined by
the director. All these contracts are subject to the approval of the
director and the Director of General Services.
   (b) For the purposes of this section, "nonprofit organization"
means any California corporation organized under Section 501(c)(3),
501(c)(4), or 501(c)(5) of the federal Internal Revenue Code.