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
          
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          |Version: August 4, 2016         |Policy Vote: N.R. & W. 6 - 2    |
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          |Urgency: No                     |Mandate: No                     |
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          |Hearing Date: August 8, 2016    |Consultant: Narisha Bonakdar    |
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          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. 









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        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.










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          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.








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               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.








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          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  








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          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.


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