BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1958


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            Date of Hearing:  April 20, 2016 


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                               Lorena Gonzalez, Chair


          AB  
          1958 (Wood) - As Amended April 7, 2016


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          Urgency:  No  State Mandated Local Program:  NoReimbursable:  No


          SUMMARY:


          This bill authorizes the Board of Forestry (Board) to grant a  
          timber harvest plan (THP) exemption for the removal and  
          commercial harvest of trees to restore and conserve California  
          black or Oregon white oak woodlands and their associated  
          grasslands under specified conditions. Specifically, this this  
          bill:










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          1)Requires the Board to adopt regulations to implement the  
            exemption on or before January 1, 2018.



          2)Prohibits the Board from granting THP exemptions in the  
            Southern Subdistrict of the Coast Forest District and the  
            Southern Forest District.
          Additionally, this bill clarifies that restoration and  
          conservation forest management activities do not require a  
          timber conversion permit.


          FISCAL EFFECT:


          1)Increased personnel costs for CALFIRE to perform on-sight  
            inspections to ensure any removal or harvesting activities are  
            consistent with the Notice of Exemption (NOE) filed with the  
            Board.  CALFIRE estimates they will require an additional two  
            Forester I positions at an annual cost of $400,000 (Timber  
            Regulation and Forest Restoration Fund).



          2)Potential one-time costs in the $150,000 range for initial  
            hiring and equipment purchases. (Timber Regulation and Forest  
            Restoration Fund).



          3)Minor, likely absorbable, costs for the Board to adopt  
            regulations to implement the provisions of the bill.



          4)Minor, absorbable costs to review additional NOEs filed for  
            this new exemption.
          COMMENTS:








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          1)Rationale.  According to the author, California's oak  
            woodlands have been disappearing at a rapid rate due in part  
            to the encroachment of conifers.  Historically, the regular  
            occurrence of wildfires prevented conifer encroachment.   
            However, with increased development in the wildland areas and  
            the need for modern fire suppression to protect structures,  
            conifers have become major competitors to many oak species.


            Once conifers become established within oak woodlands, they  
            quickly overtop oak trees, shading them and jeopardizing their  
            ability to regenerate.  This bill allows the Board to remove  
            impediments to restoring oak woodlands while maintaining the  
            integrity of the Forest Practice Act.


          2)Background.  The Forest Practices Act prohibits timber  
            operations unless a timber harvest plan (THP) is prepared by a  
            registered professional forester and approved by the Director  
            of CALFIRE or the Board.  A THP is the functional equivalent  
            of an environmental impact report (EIR) under the California  
            Environmental Quality Act (CEQA).


            Various tree removal activities are exempt from the  
            requirement to file THP's, including Christmas tree farms,  
            right-of-ways for utility lines, conversions of less than  
            three acres, fire prevention, defensible space, and dead,  
            dying and diseased trees.  For certain exemptions, an NOE,  
            which is a ministerial permit, is required to be filed prior  
            to any activities. Projects for which an NOE is filed are  
            subject to inspection by CAL FIRE.


          3)Oak Woodlands.  According to a presentation from various  
            academics at the University of California and Humboldt State  
            University, California black or Oregon white oak woodlands and  








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            associated grasslands are being lost because of conifer  
            encroachment. These oak woodlands support very high levels of  
            biodiversity and provide valuable food sources and habitat for  
            wildlife.  Oak woodlands are also deeply connected to Native  
            American tradition and culture.  Most of these oak woodlands  
            contain oaks that are over a 100 years old, with some oak  
            trees over 300 years old.    Restoration of this important  
            habitat requires removal of the encroachment, restocking of  
            the area with oaks, and protection of oak seedlings.  


            The Board has developed an Oak Woodland Management Alternative  
            Prescription, which is pending approval at the Board.  This  
            alternative prescription will allow THP's to incorporate oak  
            woodland restoration.  However, this would require anyone  
            wishing to do oak woodland restoration to obtain a THP, which  
            can be costly and time consuming.


            Instead, this bill allows those performing restoration and  
          forest management activities to file a notice and be subject to  
          inspection.


          Analysis Prepared by:Jennifer Galehouse / APPR. / (916)  
          319-2081