BILL NUMBER: SB 455 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 7, 2012
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN SENATE JANUARY 25, 2012
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Pavley
FEBRUARY 16, 2011
An act to amend Section 4621 of, and to add Section 4622.5 to, the
Public Resources Code, relating to forestry.
LEGISLATIVE COUNSEL'S DIGEST
SB 455, as amended, Pavley. Forestry: timberlands: conversion
mitigation.
The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person
from conducting timber operations unless a timber harvesting plan
prepared by a registered professional forester has been submitted to,
and approved by, the Department of Forestry and Fire Protection. A
violation of the act is a crime. The act also requires a person who
owns timberlands, which are to be devoted to uses other than the
growing of timber, to file an application for conversion with the
State Board of Forestry and Fire Protection.
This bill would prohibit the department from approving an
application for conversion of timberlands of 3 or more acres unless
specific mitigation requirements are met. The bill would provide an
exception for a county that adopts a timberland conversion and
mitigation ordinance that meets or exceeds the mitigation
requirements. The bill would authorize a timberland conversion permit
applicant to contract for with the
state, among others, to implement mitigation activities. The bill
would establish a continuously appropriated fund to be administered
by the Natural Resources Agency and would require that moneys
received under a contract to mitigate a conversion of timberlands be
deposited in the fund and expended for that purpose. The bill would
also allow the department to collect a fee for permits applicable to
the conversion of timberlands of 3 or more acres to cover its costs
and the costs of the Department of Fish and Game in approving
timberland conversion permits and ensuring that mitigation
requirements are met.
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. The Legislature finds and declares all of the
following:
(a) It is the intent of the Legislature to maintain California's
current acreage of timberlands in order to provide for the
environmental and watershed amenities of timberlands and to maintain
the economic productivity of those lands.
(b) It is also the intent of the Legislature to maintain
California's timberlands to help achieve the state's greenhouse gas
reduction goals.
(c) It is further the intent of the Legislature that the impacts
of the conversion of timberlands to nonforest uses be mitigated in a
way that provides a mechanism to help maintain California's
timberland base.
(d) It is further the intent of the Legislature that those who
convert timberlands to nonforest uses, mitigate those impacts, which
will create economic incentives for other landowners to manage their
lands to maintain and restore timberland to help achieve the state's
climate goals.
SEC. 2. Section 4621 of the Public Resources Code is amended to
read:
4621. (a) Any person who owns timberlands , which are
to be devoted to uses other than the growing of timber ,
shall file an application for conversion with the board. The board
shall, by regulation, prescribe the procedures for, form, and content
of, the application. An application for a timberland conversion
permit shall be accompanied by an application fee, payable to the
department, in an amount determined by the board pursuant to
subdivision (b).
(b) The board shall establish, by regulation, a system of
graduated timberland conversion permit fees to finance the cost of
administering this article.
(c) For permits applicable to the conversion of timberlands of
three or more acres, the department may collect a fee , as
necessary , to cover its costs and the costs of the
Department of Fish and Game in approving these timberland conversion
permits and ensuring that mitigation requirements occur and are
maintained over time.
SEC. 3. Section 4622.5 is added to the Public Resources Code, to
read:
4622.5. (a) An application for conversion of timberlands of three
or more acres shall not be approved unless the department, based on
information provided by the applicant, finds all of the following:
(1) All of the environmental impacts of the conversion, including
impacts on wildlife, habitat values, and forest type are fully
mitigated. This determination shall be made in consultation with the
Department of Fish and Game.
(2) The mitigation pursuant to paragraph (1) occurs on California
timberlands and complies with the greenhouse gas reduction principles
identified in subdivision (d) of Section 38562 of the Health and
Safety Code.
(3) The mitigation pursuant to paragraph (1) includes the loss of
carbon in above-ground and below-ground biomass and the loss of
future ongoing carbon sequestration. The mitigation shall be
consistent with the greenhouse gas methodologies approved by the
California State Air Resources Board.
(4) The mitigation pursuant to paragraph (1) will be implemented
as required under subdivision (e).
(b) All mitigation associated with conversion projects shall be on
lands that secure the mitigation with a permanent conservation
easement and include, but not be limited to, the reforestation of a
previously forested area at a minimum acreage ratio of 1:1
one-to-one . The lands on which this mitigation
occurs shall not have been in forest cover for at least 10 years.
(c) To the extent the reforestation activity in subdivision (b)
does not fully mitigate the impacts of the conversion project
identified in subdivision (a), the applicant shall undertake one or a
combination of the following actions:
(1) Avoid the loss of carbon in above-ground and below-ground
biomass by preserving timberland at risk of conversion.
(2) Manage timberlands to sequester additional carbon in
above-ground and below-ground forest biomass.
(d) All mitigation shall be the responsibility of the timberland
conversion permit applicant.
(e) All mitigation shall be implemented within one year of the
conversion to nonforest use and in either of the following ways:
(1) The permit applicant may undertake the mitigation directly, if
the department finds that the mitigation will comply with this
section.
(2) The permit applicant may undertake the mitigation through
contracts or other agreements with the state, or if the department
finds that the mitigation will comply with this section, with third
parties that have expertise in managing timberlands, including local
conservation corps, nonprofit organizations, or private landowners.
(f) (1) The Timberland Conversion Services Fund is hereby created
in the State Treasury, to be administered by the Natural Resources
Agency.
(2) All moneys received by the agency pursuant to an agreement
authorized under paragraph (a) (2) of
subdivision (e) shall be deposited in the fund and expended to
mitigate the timberland conversion that is the subject of that
agreement.
(3) The moneys in the fund shall be continuously appropriated to
the agency for purposes of this section.
(g) Conversions that comply with subdivision (g) of Section 4584
are exempt from this section.
(h) The department may exempt from this section a county that
adopts a timberland conversion and mitigation ordinance that it finds
meets or exceeds the mitigation requirements of this section.
(i) The department shall develop guidelines to assist in
compliance with this section. Any guidelines shall be developed in
consultation with and approved by the California
State Air Resources Board and shall be consistent with the
relevant greenhouse gas accounting method developed by the
California State Air Resources Board. The
California State Air Resources Board
and the department may seek reimbursement of their costs from any
appropriate source including the fund established in paragraph
(2) (1) of subdivision (e)
(f) .
(j) The requirements imposed by this section for the approval of a
timberland conversion permit are in addition to any other
requirements established by law or regulation.