BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1958


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1958 (Wood)


          As Amended  August 19, 2016


          Majority vote


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          |ASSEMBLY:  |80-0  |(May 31, 2016) |SENATE: |39-0  |(August 23,      |
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          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.









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          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)  








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            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  








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            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. 










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          Analysis Prepared by:                                             
                          Michael Jarred / NAT. RES. / (916) 319-2092  FN:  
          0004815