BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session AB 1958 (Wood) - Forestry: timberlands: restoration and conservation forest management activities ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: August 4, 2016 |Policy Vote: N.R. & W. 6 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: No | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: August 8, 2016 |Consultant: Narisha Bonakdar | | | | ----------------------------------------------------------------- This bill meets the criteria for referral to the Suspense File. Summary: AB 1958 creates an exemption for the restoration of oak woodlands that would allow landowners to remove conifer trees that are crowding out oak without a timber harvest plan, if various restrictions are met. Fiscal Impact: One-time costs of $132,000 (Timber Regulation and Forest Restoration Fund) to the California Department of Fire and Forestry (CalFIRE) for equipment purchases. Ongoing costs of $433,000 annually (Timber Regulation and Forest Restoration Fund) to CalFIRE for staffing necessary to implement the exemption. Minor costs to the California Department of Fish and Wildlife (CDFW) and the regional water quality control boards to review required report and provide comments. AB 1958 (Wood) Page 1 of ? Background:1) Forest Practices. California has regulated forest practices on private lands since at least 1945. In 1973, after discovering, among other things that logging was a primary factor in an 80 percent decline of salmon and steelhead populations, the legislature passed the Z'Berg-Nejedly Forest Practice Act (Act). The Act prohibits timber operations unless a timber harvest plan (THP) has been prepared by a registered professional forester and approved by the CalFIRE. The THP is a functional equivalent of an environmental impact report required under the California Environmental Quality Act. AB 1492 (Committee on Budget, Chapter 289, Statutes of 2012) extended the life of THPs from three years to five years with an option for a two-year extension. AB 1492 also shifted state fees for a THP to an assessment on all lumber products. However, a THP can still cost tens of thousands of dollars to complete. Existing law exempts various tree removal activities from THPs. These include 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. However, a ministerial permit, called a notice of exemption (NOE), is required for certain exemptions, and exempt projects are subject to inspection by CalFIRE. Oak woodland restoration. According to a presentation from various academics at the University of California and Humboldt State University, 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 more than 100 years old, with some oak trees over 300 years old. As a result of fire suppression, douglas-fir will often spread into oak woodland and will overtop oak trees, robbing the oak trees of sunlight and other needed resources. AB 1958 (Wood) Page 2 of ? 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. This alternative prescription will allow THP's to incorporate oak woodland restoration, but would still require anyone wishing to do oak woodland restoration to obtain a THP. Proposed Law: This bill creates an exemption from the THP for the restoration of oak woodland. Specifically, the bill: 1)Requires the Board, on or before January 1, 2018, to adopt regulations. 2)Allows the cutting or removal of trees to restore and conserve California black or Oregon white oak woodlands and associated grasslands, if all of the following requirements are met: a. A registered professional forester prepares and submits an NOE containing, among other things, a map of the area of timber operations, a certification that a minimum of 35 square feet of basal area per acre of California black or Oregon white oak, or both, occupy the proposed treatment area and the timber operation is designed to restore and conserve the woodlands, and a description of the prearrest stand structure and a statement of the postharvest stand stocking levels b. No tree larger than 26 inches in diameter at stump height is harvested for any commercial purposes. c. Only conifers within 300 feet of a California black or Oregon white oak that are at minimum four inches in diameter at breast height may be harvested. d. The total area exempted does not exceed 300 acres per property per five-year period. e. Conifers are reduced to less than 25 percent of the combined hardwood and conifer postharvest stand stocking levels. AB 1958 (Wood) Page 3 of ? f. No more than 20 percent of the total basal area of preexisting oak stock is cut or removed. g. The registered professional forester submitting the notice, upon submission of the notice, to provide a confidential archaeology letter that includes specified information. h. All slash created by the timber operations is treated to achieve a maximum postharvest depth of 18 inches above the ground within 24 months of the date of the director receiving the notice, and is configured so as to minimize the risk of fire mortality to the remaining oak trees. i. The timber operations to comply with applicable regulations. 3)Exempts the Southern Subdistrict of the Coast Forest District and the Southern Forest District from the bill. 4)Defines "growing of timber" to include restoration and conservation forest management activities, which may include the removal of commercial species, if necessary to achieve specific forest health and ecological goals, including the restoration and conservation of oak woodlands, grasslands, wet meadows, and other ecologically important or unique habitats, that are not conducted in conjunction with the cutting or removal of trees or other forest products during the conversion of timberlands for other uses, including, but not limited to, residential or commercial developments, production of other agricultural crops, recreational developments, ski developments, water development projects, and transportation projects. 5)Sunsets the exemption on January 1, 2024. 6)Requires CalFIRE and the Board, on or before December 31, 2017, to submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of the exemptions and emergency notice provisions, and to make recommendations to improve the use of those exemptions and emergency notice provisions. AB 1958 (Wood) Page 4 of ? 7)Requires that the CDFW, regional water quality control boards, and the public have the opportunity to participate in the development of the report. Sunsets the report provision on January 1, 2019. Related Legislation: AB 417 (Dahle, Chapter 182, Statutes of 2015) expanded Board authority to develop alternative stocking standards, when necessary, to include the average residual basal area approach of stocking. AB 2029 (Dahle, 2016) extends the Forest Fire Prevention Pilot Exemption by six years. This bill increases the size of trees that are allowed to be removed to less than 26 inches in stump diameter and allows for the construction of roads. This bill is pending hearing in Senate Appropriations Committee. Staff Comments: Purpose. According to the author, oak woodlands are the most biodiverse terrestrial ecosystems in California and are disappearing at a rapid rate. In some parts of the state, a significant issue is the encroachment of conifers in oak woodlands. Conifers grow rapidly and quickly provide excessive shade that kills oaks, some of which have survived for hundreds of years. Historically, low intensity, but frequent fires prevented this phenomenon, but under our current fire regime the firs are successfully choking out the oaks. Fiscal notes. According to CalFIRE, CalFIRE would need 2.0 Forester I positions to conduct inspections during active harvesting operations and following the conclusion of timber operations, ensure the landowner complied with all applicable rules and regulations, and monitor timber operations to determine the effectiveness of the Timber Harvesting Plan exemption created by this bill. The total cost would be $433,010 annually, with one-time costs of $132,000 for computers, vehicles, hand radios, mobile radios, Personal Protective Equipment, and to create new cubicles/office space. Additionally, this bill would require the Board of Forestry and Fire Protection to adopt regulations. These regulations would be AB 1958 (Wood) Page 5 of ? limited in scope and generally model this legislation. The approximate total amount of time to adopt these regulations would be 8 to 10.5 months (elapsed time), of which 8 to 10 weeks of staff time would be required. Although these regulations would be developed using existing staff, the amount of staff time required to develop these regulations is reflected in the fiscal. -- END --