BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2029


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          2029 (Dahle, et al.)


          As Amended  August 16, 2016


          Majority vote


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          |ASSEMBLY:  |80-0  |(June 1, 2016) |SENATE: | 39-0 |(August 23,      |
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          Original Committee Reference:  NAT. RES.


          SUMMARY:  Extends the Forest Fire Prevention Pilot Project  
          (Pilot) from January 1, 2018 to January 1, 2021, and expands it  
          by allowing larger trees to be harvested in forest land without  
          a timber harvest permit (THP).


          The Senate amendments:


          1)Remove authorization of construction or reconstruction of  
            temporary roads of 600 feet or less.


          2)Shorten the sunset extension from January 1, 2023 to January  
            1, 2021.


          3)Require, on or before December 31, 2017, Department of  








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            Forestry and Fire Protection (CAL FIRE) and the Board of  
            Forestry and Fire Protection (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.  Require the report to also include recommendations on  
            how to improve the use of those exemptions.


          4)Specify that expansion of areas where pilot activities may  
            take place and the expansion in the size of trees that maybe  
            harvested do not take effect until CAL FIRE completes its  
            report or January 1, 2018, whichever occurs first.


          EXISTING LAW, pursuant to the Z'Berg-Nejedly Forest Practice Act  
          (FPA):


          1)Prohibits timber operations unless a THP has been prepared by  
            a registered professional forester (Forester) and approved by  
            CAL FIRE.  


          2)Considers a THP the functional equivalent of an environmental  
            impact report (EIR) under the California Environmental Quality  
            Act (CEQA).


          3)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.


          4)Authorizes the Board to develop alternative stocking standards  
            for the average point count method and the average residual  
            basal area of stocking if those standards address the  
            variables in forest characteristics and achieve suitable  
            resource conservation.










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          5)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.


          6)Exempts various tree removal activities from THPs, including  
            Christmas tree farms; rights-of-way 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  
            notice of exemption (NOE), and subjects projects to inspection  
            by CAL FIRE.


          7)Creates an exemption from THP known as the Pilot Exemption.   
            Limits harvesting under the exemption to the following:


             a)   Only trees less than 24 inches in stump diameter;


             b)   Tree harvesting must decrease fuel continuity and  
               increase quadratic mean diameter of the stand;


             c)   No new road construction or reconstruction;


             d)   No known sites of rare, threatened, or endangered plants  
               or animals will be disturbed, threatened, or damaged; and,


             e)   The activates are limited to the Sierra Nevada Region or  
               the Counties of Del Norte, Humboldt, Mendocino, Modoc,  
               Sonoma, Siskiyou, or Trinity.


          8)Requires CAL FIRE to maintain records regarding the use of  
            exemptions granted in order to evaluate the impact of the  
            exemptions on fuel reduction and natural resources in areas  








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            where an exemption has been used.


          9)Requires CAL FIRE to conduct an onsite inspection to determine  
            compliance with the Pilot.


          10)Sunsets the Pilot three years after the effective date of  
            regulations adopted by the Board (January 1, 2018).


          FISCAL EFFECT:  Unknown


          COMMENTS:  California has regulated forest practices on private  
          lands since at least 1945.  The Legislature assessed the  
          effectiveness of this approach and concluded that the industry  
          could not be relied on to ensure proper water quality, forest  
          health, and adequate timber supply.  In 1957, the state Senate  
          Interim Committee on Soil and Beach Erosion found that timber  
          harvesting and logging road construction contributed to stream  
          erosion and resultant impacts to fish populations.  In 1962, the  
          Assembly Interim Committee on Natural Resources, Planning, and  
          Public Works concluded that timber regulations were inadequately  
          enforced, leading to deleterious effects on water quality,  
          fishing, and recreation.  In 1967, after three years of study,  
          the Assembly Subcommittee on Forest Practices and Watershed  
          Management recommended that the basic state policy governing  
          forest practices should be broadened and strengthened.  These  
          collective findings, coupled with a 1971 report that identified  
          logging as a primary factor in an 80% decline of salmon and  
          steelhead populations, motivated the Legislature to pass the FPA  
          in 1973.  The FPA requires THPs, which are a complex  
          discretionary permit that acts as an EIR under CEQA. 


          AB 1492 (Budget Committee), 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 to fund  
          agency review.  However, a THP can still cost landowners tens of  
          thousands of dollars to prepare.








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          Since 2015, there have been 27 Pilot projects treating 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.  CAL FIRE has also  
          not been able to demonstrate that overall diameter is increasing  
          on areas using the exemption.  As an exemption, CAL FIRE has no  
          ability to work with applicants to ensure projects are  
          strategically located to be most effective in fire prevention.   
          The exemption has also been used mostly by large timber  
          operators who are in a better positon to afford conducting a THP  
          than small land owners.  Therefore, it is unclear what the value  
          of the Pilot has been.  However, this bill requires an  
          evaluation of this exemption and recommendations to improve the  
          use of exemptions. 


          Analysis Prepared by:                                             
                          Michael Jarred / NAT. RES. / (916) 319-2092  FN:  
          0004528