BILL ANALYSIS Ó
AB 1958
Page 1
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:
AB 1958
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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:
AB 1958
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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
AB 1958
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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