BILL ANALYSIS Ó
AB 1958
Page 1
ASSEMBLY THIRD READING
AB
1958 (Wood)
As Amended April 7, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Natural |9-0 |Williams, Jones, | |
|Resources | | | |
| | | | |
| | |Cristina Garcia, | |
| | |Gomez, Hadley, | |
| | |Harper, McCarty, | |
| | | | |
| | | | |
| | |Mark Stone, Wood | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |20-0 |Gonzalez, Bigelow, | |
| | |Bloom, Bonilla, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Jones, Obernolte, | |
| | |Quirk, Santiago, | |
AB 1958
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| | |Wagner, Weber, Wood | |
| | | | |
| | | | |
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SUMMARY: Exempts the removal of trees, including commercial
harvest, to restore and conserve California black or Oregon
white oak woodlands and associated grasslands from being subject
to a Timber Harvest Plan (THP). Clarifies that restoration and
conservation forest management activities do not require a
timber conversion permit. Specifically, this bill:
1)Requires a registered professional forester (Forester) to
prepare a notice of exemption (NOE) and submit the NOE to the
Director of Department of Forestry and Fire Protection (CAL
FIRE) to qualify for the exemption.
2)Requires the Board to adopt regulations to implement the
exemption on or before January 1, 2018. Sunsets the exemption
seven years after the effective date of the regulations.
3)Prohibits the Board of Forestry and Fire Protection (Board)
from granting an NOE for Oakwood land restoration in the
Southern Subdistrict of the Coast Forest District and the
Southern Forest District.
EXISTING LAW, pursuant to the Z'Berg-Nejedly Forest Practice Act
(FPA):
1)Prohibits timber operations unless a THP has been prepared by
a Forester and approved by CAL FIRE. Considers a THP the
functional equivalent of an environmental impact report (EIR)
under the California Environmental Quality Act (CEQA).
AB 1958
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2)Requires a THP to contain a description of the location of the
planned harvest, the harvest method, measures to avoid
excessive erosion, timeframe of operations, and other
information required by forest practice rules (FPR) adopted by
the Board.
3)Requires any person who owns timberlands that are to be
devoted to uses other than the growing of timber to file a
timberland conversion permit with the Board. Prohibits the
Board from approving a timberland conversion permit unless the
Board makes written findings.
4)Exempts various tree removal activities from 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.
Requires ministerial permits for certain exemptions, called a
NOE, and subjects projects to inspection by CAL FIRE.
FISCAL EFFECT: According to the Assembly Appropriations
Committee:
1)Increased personnel costs for CAL FIRE to perform on-sight
inspections to ensure any removal or harvesting activities are
consistent with the NOE filed with the Board. CAL FIRE
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.
AB 1958
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4)Minor, absorbable costs to review additional NOEs filed for
this new exemption.
COMMENTS: According to a presentation from various academics at
the University of California and California State University,
Humboldt, California black or Oregon white oak woodlands and
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 over 100 years old, with some oak trees over 300
years old. As a result of fire suppression, douglas-fir will
often spread into an oak woodland and will overtop oak trees and
rob the oak trees of sunlight and other resources that oak trees
need. 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.
This bill creates another option for oak woodland restoration.
A ministerial NOE for oak woodland restoration would reduce the
costs and time to do this restoration work. This would allow
smaller landowners to restore oak woodlands without spending
tens of thousands of dollars completing a THP. However, a NOE
is a ministerial permit that leaves agencies without the
discretion to modify proposed projects. There has been a
proliferation of these exemptions over the years. This raises
questions about whether there is an alternative to exemptions
from THPs that will allow agencies to work with applicants to
improve their projects.
AB 1958
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Analysis Prepared by:
Michael Jarred / NAT. RES. / (916) 319-2092 FN:
0003105