BILL NUMBER: SB 1293	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 13, 2010

INTRODUCED BY   Senators Hollingsworth and Ducheny

                        FEBRUARY 19, 2010

   An act to add Section  21080.36   21083.02
 to the Public Resources Code, relating to the environment.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1293, as amended, Hollingsworth. Environment:  CEQA
exemption: vegetation management plan.   guidelines:
vegetation management projects.  
   (1) The 
    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.   CEQA requires the Office of
Planning and Research to prepare and develop guidelines for the
implementation of CEQA by public agencies. 
   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.
  require the office, on or after January 1, 2011, at
the time of the next update of the guidelines for implementing CEQA,
in cooperation with the Department of Forestry and Fire Protection,
to prepare, develop, and transmit to the Secretary of the Natural
Resources Agency recommended proposed changes or amendments to the
initial study for the inclusion of questions related to vegetation
management projects to reduce fire hazards that are located in state
responsibility   areas and high fire hazard severity zones.
This bill would also require the Secretary of the Natural Resources
Agency to certify and adopt these recommended proposed changes or
amendments.  
   (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   no  .


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

   SECTION 1.    Section 21083.02 is added to the 
 Public Resources Code   , to read:  
   21083.02.  (a) On or after January 1, 2011, at the time of the
next review of the guidelines prepared and developed to implement
this division pursuant to subdivision (f) of Section 21083, the
Office of Planning and Research, in cooperation with the Department
of Forestry and Fire Protection, shall prepare, develop, and transmit
to the Secretary of the Natural Resources Agency recommended
proposed changes or amendments to the initial study of the guidelines
implementing this division for the inclusion of questions related to
vegetation management projects to reduce fire hazards that are
located on lands classified as state responsibility areas, as defined
in Section 4102, and on lands classified as very high fire hazard
severity zones, as defined in subdivision (i) of Section 51177 of the
Government Code.
   (b) Upon receipt and review, the Secretary of the Natural
Resources Agency shall certify and adopt the recommended proposed
changes or amendments prepared and developed by the Office of
Planning and Research pursuant to subdivision (a).  
  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.