BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 744 (Dahle) - Timber harvesting plans: exempt activities.
Amended: September 11, 2013 Policy Vote: NR&W 5-1
Urgency: No Mandate: No
Hearing Date: September 12, 2013 Consultant:
Marie Liu
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 744 would allow trees of up to 24 inches to be
harvested for the purpose of fuel reduction without a timber
harvest plan or other similar harvesting permit.
Fiscal Impact:
One-time costs of up to $70,000, from the State
Responsibility Area Fire Prevention Fund (special fund), to
the Board of Forestry in FY 2013-14 for the development of
regulations.
Unknown, but likely absorbable, increased inspection costs
from the State Responsibility Area Fire Prevention Fund for
timber operations under the Forest Fire Prevention Pilot
Project Exemption in FY 2013-14 through FY 2019-2020.
Background: Existing law generally requires timber operations to
be permitted through a timber harvest plan (THP) or other
similar permit that is prepared by a registered professional
forester and approved by the California Department of Forestry
and Fire Protection (CalFire). There are some exemptions from
the permitting process, including for the removal of trees for
utility lines, removal of dead and diseased trees of any size,
the removal of trees for the creation of defensible space for
habitable structures, and the harvesting of trees for the
purpose of reducing the rate of fire spread and fuel
ignitability.
The existing exemption for fuel reduction activites, known as
the Forest Fire Prevention Exemption or the "La Malfa
Exemption," must meet various conditions including:
The parcel harvested must be 300 acres or less.
The harvesting must decrease vertical and horizontal fuel
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continuity.
The harvesting must result in making the average diameter
of the trees that remain in the stand larger than the
average diameter of the trees in the stand prior to the fuel
reduction activities.
The level of residual stocking must be consistent with
maximum sustained production of high-quality timber
products.
Only trees that have a diameter less than 18 inches in
stump diameter, measured at eight inches above the ground
level, may be removed. In specific situations, trees up to
24 inches in diameter may also be removed to achieve the
goal of fuel reduction.
CalFire is required to conduct an onsite inspection after the La
Malfa Exemption is used to determine whether enforcement actions
are needed.
Proposed Law: This bill would create the Forest Fire Prevention
Pilot Project Exemption which would allow trees with up to a
24-inch diameter to be harvested for the purpose of fuel
reduction under the Forest Fire Prevention Exemption. The pilot
project would be valid for the Sierra Nevada Region, including
Modoc, Siskiyou, and Trinity counties. In addition to meeting
the conditions under the existing exemption, the harvest
activity must:
Leave a residual stocking that is consistent with maximum
sustained production of high-quality timber products.
Increase the average diameter of the remaining trees,
consistent with existing provisions of the Forest Practice
Rules.
Occur in areas of high, very high, and extreme fire threat
zones. (Note: As noted in the analysis of the Natural
Resources and Water Committee, the "extreme" zone is
incorrect and should read "moderate.")
The Forest Fire Prevention Pilot Project Exemption would sunset
on January 1, 2019.
Staff Comments: This bill would necessitate the Board of
Forestry changing their regulations. These regulations will have
some costs to develop, though it will most likely be
accomplished by existing staff at the Board of Forestry at the
expense other non-statutorily required regulations which will be
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delayed.
Existing law requires that CalFire conducts an onsite inspection
after an exemption is used. Timber activities under this pilot
project exemption would also be subject to this inspection. To
the extent that this exemption is used, there will be a workload
increase for CalFire inspectors. It is not known the expected
use of this exemption, but based on the usage of the existing La
Malfa Exemption (8400 acres since 2005), this workload increase
is likely absorbable.
Staff notes that the supporters of the bill have expressed
intent to increase the range for the use of this pilot project
next year beyond the Sierra Nevada. Staff notes that such an
expansion would be inappropriate until the pilot project is
completed and evaluated.
Recommended Amendments: This bill declares that it is the intent
of the Legislature that CalFire maintain adequate records to
evaluate this pilot project. Staff believes that this
requirement should be in statutory language.
This bill intends to create a pilot project to improve fuel
reduction projects. The committee may wish to consider whether a
2-year sunset is more appropriate than five to better understand
potential impacts to CalFire.