BILL ANALYSIS Ó
AB 2029
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Date of Hearing: May 4, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
AB
2029 (Dahle) - As Amended April 20, 2016
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill extends the Forest Fire Prevention Pilot Project
(Pilot) from January 1, 2018, to January 1, 2023, and expands it
by allowing temporary road construction and larger trees to be
harvested without a timber harvest permit (THP). Specifically
AB 2029
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this bill:
1)Allows the construction or reconstruction of temporary roads
of 600 feet or less on slopes of 40 percent or less.
2)Increases size of trees allowed to be harvested from less than
24 inches to less than 26 in stump diameter, measured at eight
inches above ground levels.
3)Expands areas where harvest activities may be conducted to the
Counties of Alpine, Amador, Butte, Calaveras, Del Norte, El
Dorado, Fresno, Humboldt, Inyo, Kern, Lassen, Madera,
Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas,
Shasta, Sierra, Siskiyou, Sonoma, Tehama, Trinity, Tulare,
Tuolumne, or Yuba. Currently only portions of some of the
counties were included.
FISCAL EFFECT:
1)Increased personnel costs and workload for CALFIRE to perform
on-sight inspections and monitor projects including the
evaluation of roads for proper location, construction and
maintenance. CALFIRE estimates they will require an
additional three Forester I positions at an annual cost of
$650,000 (Timber Regulation and Forest Restoration Fund).
2)Potential one-time costs in the $200,000 range for initial
hiring and equipment purchases. (Timber Regulation and Forest
Restoration Fund).
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COMMENTS:
1)Purpose. AB 744 (Dahle), Chapter 647, Statutes of 2013,
created a 3-year Pilot project focused on the Sierra Nevada
Region to allow the removal of trees less than 24 inches in
stump diameter, with specific limitations designed to reduce
fire risk and protect natural and archeological resources.
According to the author, since the enactment of the Pilot, a
few issues have come up in regards to access, eligible
counties, tree diameter and the sunset date of the program.
This bill increases the size of trees forest land owners can
harvest and allows them to build temporary roads into forest
land without a THP.
2)Background. The Forest Practices Act prohibits timber
operations unless a timber harvest plan (THP) is prepared by a
registered professional forester and approved by the Director
of CALFIRE or the Board. A THP is the functional equivalent
of an environmental impact report (EIR) under the California
Environmental Quality Act (CEQA).
Various tree removal activities are exempt from the
requirement to file 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. For certain
exemptions an NOE, which is a ministerial permit, is
required to be filed prior to any activities. Projects
for which an NOE is filed are subject to inspection by
CAL FIRE.
3)Forest Fire Prevention Pilot Project. Since 2015, there
have been 16 Pilot projects using this exemption to treat
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the forest to prevent fire with one violation for
harvesting trees over 24 inches. CAL FIRE has not yet
evaluated whether the Pilot has been effective at
preventing fires.
Analysis Prepared by:Jennifer Galehouse / APPR. / (916)
319-2081