BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2011-2012 Regular Session | | | ----------------------------------------------------------------- BILL NO: SB 1541 HEARING DATE: April 24, 2012 AUTHOR: La Malfa URGENCY: No VERSION: April 9, 2012 CONSULTANT: Bill Craven DUAL REFERRAL: No FISCAL: Yes SUBJECT: Timber harvesting plans. BACKGROUND AND EXISTING LAW In 2004, the Legislature passed and the governor signed AB 2420 (La Malfa) that established a partial exemption under the Forest Practices Act for fuel reduction activities that meet a number of specified criteria. That bill had a sunset provision that was extended in AB 1515 (La Malfa) in 2007. Timber harvesting activities are regulated by the Forest Practices Act, other state laws, and regulations of the Board of Forestry and Fire Protection. The statutes and regulations are generally administered by the Department of Forestry and Fire Protection (CDF). Generally, timber harvest plans are required when commercial species of trees are harvested for the purpose of sale. Section 4584 of the Public Resources Code contains numerous timber harvest plan exemptions, including those for tree removal for public utility lines, the removal of dead and dying trees, and a three-acre exemption for all timberland landowners. Another existing exemption specifies the conditions under which trees can be removed within 150 feet of most structures for purposes of fire protection. The purpose of this particular exemption is "to reduce the rate of fire spread, duration and intensity." To initiate activities using this exemption, a registered professional forester would prepare the notice of exemption. The exemption is limited to areas of less than 300 acres and 1 there is a provision that requires the harvesting activity to increase the overall size of trees that remain in the area. Additionally, existing law requires those who propose to use this exemption to do all of the following: submit a map of the area that meets certain criteria, provide both a pre-harvest and post-harvest description of the stocking levels (types and sizes of trees) that are present, mark the trees to be harvested, and the regulations that protect archaeological sites must be followed. Generally, only trees with a stump diameter of less than 18 inches may be removed. Trees, flammable materials on the ground, and undergrowth that would allow a fire to climb into the crowns of trees must be removed to achieve a minimum clearance distance of 8 feet. In addition, other specified provisions of the Forest Practice Rules apply to this partial exemption. Finally, CDF is required to conduct an onsite inspection after timber operations pursuant to this exemption are complete. PROPOSED LAW This bill would remove the sunset provision of January 1, 2013, thus allowing this partial exemption to remain in effect without a new sunset provision. ARGUMENTS IN SUPPORT The author believes that this partial exemption, carefully negotiated in 2004, has proven effective and that the sunset provision should be removed. In data provided by CDF to the author, this partial exemption has been used on 8400 acres across the state. Several northern California counties were the site of these projects but it turns out that San Bernardino County has had more acreage (2100 acres) treated than any other county. The partial exemption was used most in 2008-10, and has experienced a sharp drop in use in 2012. Another way of looking at this exemption is in terms of the number of plans that were submitted. Since its adoption, 309 plans have been submitted, again with those in San Bernardino County far surpassing those in other parts of the state. Landowners in San Bernardino County submitted 180 plans, far in excess of the next highest number of plans submitted from landowners in Placer and Plumas counties. AMENDMENTS 2 ARGUMENTS IN OPPOSITION None received SUPPORT California Licensed Foresters Association OPPOSITION None Received 3