BILL NUMBER: SB 1293	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senators Hollingsworth and Ducheny

                        FEBRUARY 19, 2010

   An act to add Section 21080.36 to the Public Resources Code,
relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1293, as introduced, Hollingsworth. Environment: CEQA
exemption: vegetation management plan.
   (1) The California Environmental Quality Act (CEQA) requires a
lead agency, as defined, to prepare, or cause to be prepared, and
certify the completion of, an environmental impact report (EIR) on a
project that it proposes to carry out or approve that may have a
significant effect on the environment or to adopt a negative
declaration if it finds that the project will not have that effect.
CEQA also requires a lead agency to prepare a mitigated negative
declaration for a project that may have a significant effect on the
environment if revisions in the project would avoid or mitigate that
effect and there is no substantial evidence that the project, as
revised, would have a significant effect on the environment. CEQA
exempts certain specified activities from its requirements.
   This bill would exempt from CEQA the adoption of a vegetation
management plan or the implementation of a project identified in an
adopted plan meeting specified requirements.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 21080.36 is added to the Public Resources Code,
to read:
   21080.36.  This division does not apply to the adoption of a
vegetation management plan or the implementation of a project
identified in an adopted plan if the plan meets all of the following
criteria:
   (a) The strategic vegetation treatment is limited to activities
that will treat vegetation to reduce fire hazards by reducing the age
or thinning the biomass of vegetation in a fire hazard severity zone
as identified pursuant to Article 9 (commencing with Section 4201)
of Part 2 of Division 4, or in a very high fire hazard severity zone
as defined in Section 51177 of the Government Code.
   (b) The strategic vegetation treatment activity does not change
the species composition or major physical characteristics of the
vegetation through type conversion.
   (c) Biological and archeological surveys are performed on the
areas that are proposed for treatment to identify and avoid sensitive
areas to prevent impacts to these resources.
   (d) Activities are overseen by a licensed timber operator and
conform to the Z'berg-Nejedly Forest Practice Act of 1973 (Chapter 8
(commencing with Section 4511) of Part 2 of Division 4).
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
this act provides for offsetting savings to local agencies or school
districts that result in no net costs to the local agencies or school
districts, within the meaning of Section 17556 of the Government
Code.