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