BILL ANALYSIS Ó AB 1958 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1958 (Wood) As Amended August 19, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |80-0 |(May 31, 2016) |SENATE: |39-0 |(August 23, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: NAT. RES. SUMMARY: Exempts the removal of trees 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 of Forestry and Fire Protection (Board) to adopt regulations to implement the exemption on or before January 1, 2018. Sunsets the exemption January 1, 2024. AB 1958 Page 2 3)Prohibits the Board from granting an NOE for Oakwood land restoration in the Southern Subdistrict of the Coast Forest District and the Southern Forest District. The Senate amendments: 1)Prohibit the harvesting of trees larger than 26 inches in diameter at stump height rather than prohibiting harvesting of trees that are 75 years or older. 2)Limit harvest of trees to only conifers within 300 feet of a California black or Oregon white oak that are at minimum four inches in diameter at breast height. 3)Limit total area exempted from a THP to 300 acres per property per five-year period. 4)Require, on or before December 31, 2017, CAL FIRE and Board to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of the exemptions from THPs and emergency notices. Requires report to also include recommendations to improve the use of those exemptions and emergency notices. 5)Add language to resolve chaptering issues with AB 2029 (Dahle) of the current legislative session. 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) AB 1958 Page 3 under the California Environmental Quality Act (CEQA). 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 the Senate Appropriations Committee: 1)CAL FIRE 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. 2)Additionally, this bill would require the Board to adopt regulations. These regulations would be limited in scope and AB 1958 Page 4 generally model this legislation. The approximate total amount of time to adopt these regulations would be eight 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. 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. On July 21, 2016, the Board adopted an Oak Woodland Management Alternative Prescription. 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. The bill would require CAL FIRE evaluate the use of exemptions and recommend alternatives and improvements to exemptions. AB 1958 Page 5 Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0004815