BILL NUMBER: SB 455 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 22, 2012
AMENDED IN ASSEMBLY AUGUST 13, 2012
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 Sections 4622.3 and 4622.4 to, the Public
Resources Code, relating to forestry , and making an
appropriation therefor .
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 and requires the
board to establish a system of graduated timberland conversion permit
fees .
This bill would require the permit fee to cover the costs
of the department and the Department of Fish and Game with
regard to reviewing the application and ensuring compliance with
specified requirements imposed by the bill. The bill would
prohibit the department board from
approving an application for conversion of timberlands of 3 or more
acres unless specific mitigation requirements are met. The
the board makes specified findings regarding the
mitigation of the conversion.
The bill would require all mitigation associated with these
conversion projects to be on lands that secure the mitigation with a
permanent conservation easement unless the reforestation requirement
meets a minimum acreage ratio and would require an applicant for
conversion to take specified actions with regard to the management of
timberland and reforestation. The bill would provide
an exception for a also require a county that
adopts a timberland conversion and mitigation ordinance to
demonstrate that it meets or exceeds the
mitigation requirements specified requirements to
petition the board . The bill would authorize
require a timberland conversion permit applicant
to contract enter into an agreement
with the state, among others, board to
implement mitigation activities the
requirements of the bill . The bill would establish
a continuously appropriated fund the
Timberland Conversion Services 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 board. The bill would
continuously appropriate the money in the fund to the board to
implement the bill, thereby making an appropriation .
The bill would impose a state-mandated local program by creating
new crimes with regard to the requirements imposed by the bill upon a
person that applies to convert timberland and by imposing new duties
upon local agencies by requiring counties to enter into an agreement
with the board and the applicant.
The bill would require the board to develop guidelines to assist
in compliance with the requirements imposed by the bill and would
require the guidelines to be submitted to the State Air Resources
Board. The bill would exempt the development of these guidelines from
the requirements imposed upon the adoption of regulations. The bill
would authorize the board to expend the money in the fund to develop
those guidelines and would authorize the State Air Resources Board to
expend certain fees deposited in the Air Pollution Control Fund,
upon appropriation by the Legislature, to review the guidelines.
(2) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program:
no yes .
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 the
productivity of California's timberlands to help achieve the
state's greenhouse gas reduction goals , maintain
healthy watersheds, and maintain forest habitat .
(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 will create economic incentives for other
landowners to manage their lands to restore, maintain, and enhance
management, restoration, and enhancement of
timberland.
(d) In mitigating the loss of timberland, it is the intent of the
Legislature that the mitigation actions include reforesting an area
at least as large as the conversion to prevent
mitigate the continued loss of timberland acreage.
Additional actions may be required to fully mitigate the
ecological and climate impacts of the conversion.
SEC. 2. Section 4621 of the Public Resources Code is amended to
read:
4621. (a) Any person who owns timberlands, as defined in
subdivision (f) of Section 51104 of the Government Code, 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 board , in an amount determined by
the board pursuant to subdivision (b) that is adequate to cover
the department's costs and the costs of the Department of Fish and
Game for any review of the application pursuant to subdivision (b) of
Section 4622.3, and to ensure compliance with mitigation and
monitoring requirements, as required by Sections 4622.3 and 4622.4
.
(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 4622.3 is added to the
Public Resources Code , to read:
4622.3. (a) The board shall not approve an application filed
pursuant to Section 4621 for a conversion of timberlands of three or
more acres unless the board finds all of the following:
(1) The environmental impacts of the conversion on wildlife,
habitat values, and forest type are mitigated as required by all
applicable laws.
(2) The mitigation occurs on nonfederal California timberlands
and, to the extent feasible, in proximity to the proposed conversion
and on land of similar forest type.
(3) Consistent with the greenhouse gas reduction principles
identified in subdivision (d) of Section 38562 of the Health and
Safety Code, the mitigation fully mitigates the loss of carbon in
above-ground and below-ground biomass and the loss of future ongoing
carbon sequestration.
(4) The reduction of greenhouse gas impacts specified in
paragraph (3) occurs over the same time period and is equivalent to
the greenhouse gas emissions and losses of above-ground and
below-ground biomass that result from the conversion.
(b) The board shall provide to the Department of Fish and Game all
of the following:
(1) A copy of the application for conversion subject to this
section.
(2) An opportunity to conduct a field review.
(3) An opportunity to provide comments regarding the application
to the board.
SEC. 4. Section 4622.4 is added to the
Public Resources Code , to read:
4622.4. (a) An application filed with the board for a conversion
of timberlands that is subject to Section 4622.3 shall obligate the
applicant to meet all of the following requirements:
(1) Except as provided in paragraph (2) and subparagraph (C) of
paragraph (3), all mitigation associated with the conversion projects
specified in the application shall be on lands that secure the
mitigation with a permanent conservation easement and shall include,
but are not limited to, the reforestation of a previously forested
area at a minimum acreage ratio of 1:1. The lands on which mitigation
occurs shall historically have been in forest cover but shall not
have been in forest cover for at least 10 years before the date of
the application.
(2) As an option to the applicant, the reforestation requirement
described in paragraph (1) may be met at a minimum acreage ratio of
2:1 on land not subject to a conservation easement.
(3) To the extent that mitigation conducted pursuant to paragraph
(1) or (2) does not fully mitigate greenhouse gas emissions and the
loss of carbon in above-ground and below-ground biomass and the loss
of future ongoing carbon sequestration caused by the conversion
project, the applicant shall undertake one, or a combination of, the
following actions:
(A) Avoid the loss of carbon in above-ground and below-ground
biomass by preserving timberland at risk of conversion.
(B) Manage timberlands to sequester additional carbon in
above-ground and below-ground forest biomass.
(C) Contribute to, or conduct, additional reforestation or
afforestation activities.
(4) Reforestation done to meet postharvest reforestation
requirements under this chapter shall not be used to satisfy the
requirements of this section.
(5) All mitigation shall be the responsibility of the timberland
conversion permit applicant.
(6) Unless an exception is approved by the board as part of the
environmental analysis of the conversion application, all actions
necessary to complete mitigation for greenhouse gas emissions and
loss of above-ground and below-ground biomass and the loss of future
ongoing carbon sequestration caused by the project shall be completed
within two years of the conversion to nonforest use and in either of
the following ways:
(A) Mitigation may be undertaken by the applicant if the board
finds that the mitigation will comply with this section and other
applicable law.
(B) Mitigation may be undertaken through contracts or other
agreements with the state or, if the board finds that the mitigation
will comply with this section and other applicable law, with third
parties that have expertise in managing timberlands, including local
conservation corps, resource conservation districts, nonprofit
organizations, or private landowners, if the contract or agreement is
provided to the board and contains terms specifically authorizing
the board to enforce any such contract or agreement.
(C) After the board develops appropriate guidelines pursuant to
subdivision (e), mitigation may be undertaken through direct payment
to the board in an amount that the department and the Department of
Fish and Game determine will satisfy the applicant's mitigation
responsibilities pursuant to this section.
(7) The applicant shall enter into an enforceable agreement with
the board to ensure that the mitigation is completed pursuant to this
section and other applicable law. The county shall be included as a
party to the agreement when changes in local land use planning are
required to implement the conversion or the mitigation and may be
included in other instances at the request of the county, upon
acceptance of a petition from the county to the board.
(b) (1) The Timberland Conversion Services Fund is hereby created
in the State Treasury, to be administered by the board.
(2) All moneys received by the board pursuant to the agreement
required by paragraph (7) of subdivision (a) shall be deposited in
the Timberland Conversion Services Fund by the board.
(3) Notwithstanding Section 13340 of the Government Code, the
moneys in the Timberland Conversion Services Fund are hereby
continuously appropriated to the board for purposes of this section,
including to mitigate the timberland conversion and for purposes of
subdivision (e).
(c) A conversion that complies with subdivision (g) of Section
4584 is exempt from this section.
(d) (1) Notwithstanding Section 4628, upon petition to the board
by a county and subject to concurrence by the board, a county that
adopts a timberland conversion and mitigation ordinance that
establishes the county as the lead agency for the timberland
conversion shall demonstrate that it meets or exceeds the standards
of this section, including responsibilities for monitoring and
enforcement.
(2) If a county is established as the lead agency for the
timberland conversion pursuant to paragraph (1), any payments paid by
the applicant pursuant to the agreement required to be entered into
pursuant to paragraph (7) of subdivision (a) shall be paid to the
county and not to the fund and shall be used by the county to
mitigate the conversion.
(e) (1) The board shall develop guidelines that are approved at a
public hearing to assist in compliance with this section. The
guidelines shall be submitted to the State Air Resources Board at a
public hearing and, to the extent feasible, shall be consistent with
an existing relevant greenhouse gas accounting method developed by
the State Air Resources Board. The board may expend the funds in the
Timberland Conversion Services Fund for purposes of developing the
guidelines and may expend the funds appropriated by the Legislature
from any appropriate source for this purpose. The State Air Resources
Board may expend the fees deposited in the Air Pollution Control
Fund pursuant to Section 38597 of the Health and Safety Code upon
appropriation by Legislature for purposes of this paragraph.
(2) The development of guidelines pursuant to this section is not
the adoption of regulations for purposes of, and shall be exempt
from, Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.
(f) 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.
SEC. 5. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, this act creates a new
crime or infraction, eliminates a crime or infraction, or changes the
penalty for a crime or infraction, within the meaning of Section
17556 of the Government Code, or changes the definition of a crime
within the meaning of Section 6 of Article XIII B of the California
Constitution.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
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 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 with the approval of the
Department of Fish and Game.
(2) The mitigation occurs on California timberlands, is limited to
the actions described in subdivisions (b) and (c), complies with the
greenhouse gas reduction principles identified in subdivision (d) of
Section 38562 of the Health and Safety Code, and is in accordance
with guidance developed in consultation with the State Air Resources
Board.
(3) The mitigation pursuant to paragraph (1) shall fully mitigate
the loss of carbon in above-ground and below-ground biomass and the
loss of future ongoing carbon sequestration. The reduction of
greenhouse gas impacts shall occur over the same time period as, and
shall be equivalent to, the greenhouse gas emissions and losses of
above-ground and below-ground biomass that result from the
conversion.
(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 one-to-one.
The lands on which this mitigation occurs shall historically have
been in forest cover but 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 loss of carbon in above-ground and
below-ground biomass and the loss of future ongoing carbon
sequestration caused by the conversion project, 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.
(3) Additional reforestation activities.
(d) All mitigation shall be the responsibility of the timberland
conversion permit applicant.
(e) All mitigation shall be completed within two years 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 if
the contract or agreement is provided to the department and contains
terms specifically authorizing the department to enforce any such
contract or agreement.
(3) The department and the applicant shall enter into an
enforceable agreement to ensure that the mitigation is completed,
which shall include the county, at its request, and shall include the
county when changes in local land use planning would be required to
implement the conversion or mitigation.
(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 (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 State Air Resources Board and,
to the extent feasible, shall be consistent with an existing relevant
greenhouse gas accounting method developed by the State Air
Resources Board. The department may seek reimbursement of its costs
from any appropriate source including the fund established in
paragraph (1) of subdivision (f). The State Air Resources Board may
seek reimbursement of its costs from the Air Pollution Control Fund
established in Section 43015 of the Health and Safety Code.
(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.