BILL ANALYSIS �
AB 2170
Page 1
Date of Hearing: April 23, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2170 (Chesbro) - As Amended: March 29, 2012
SUBJECT : Forest resources: nonindustrial timber management
plans
SUMMARY : Requires the Board of Forestry and Fire Protection
(Board) to adopt regulations to provide for an appeal procedure
in the event that the department cancels a previously approved
nonindustrial timber management plan (NTMP).
EXISTING LAW : Pursuant to the Z'Berg-Nejedly Forest Practice
Act of 1973 (FPA):
1)Establishes the Department of Forestry and Fire Protection
(CalFire), which is responsible for the fire protection, fire
prevention, maintenance, and enhancement of the state's
forest, range, and brushland resources, contract fire
protection, associated emergency services, and assistance in
civil disasters and other nonfire emergencies.
2)Establishes within CalFire the Board, which consists of nine
members appointed by the Governor. The Board is required to
protect the state's interest in forest resources on private
lands, which includes establishing adequate forest policy and
determining general policies for CalFire.
3)Authorizes a nonindustrial tree farmer (an owner of timberland
with less than 2,500 acres) with the long-term objective of an
uneven aged timber stand and sustained yield to file an NTMP
with CalFire. An NTMP shall be prepared by a registered
professional forester and is considered by the Natural
Resources Agency to be the functional equivalent of an
Environmental Impact Report for the purposes of the California
Environmental Quality Act.
4)Requires CalFire, within 45 days from the completion of the
preharvest inspection, to review the NTMP to determine if the
plan is in conformance with the FPA and Forest Practice Rules
(FPR). If CalFire determines that the plan is not in
conformance with the FPA or FPR, CalFire shall return the
plan, stating its reasons and advising the plan submitter of
AB 2170
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the person's right to a hearing before the Board.
5)Requires a nonindustrial tree farmer with an NTMP to file a
nonindustrial timber harvest notice with CalFire when he/she
plans to harvest timber. The notice shall be effective for a
maximum of one year and include information that indicates
whether the harvesting complies with the FPA and the FPR and
conforms to the approved NTMP.
6)Authorizes CalFire to cancel an NTMP if it is determines that
the objectives of uneven aged management and sustained yield
are not being met by a nonindustrial tree farmer, or there are
other persistent violations detected that are not being
corrected.
THIS BILL requires the Board to adopt regulations, no later than
January 1, 2014, to provide for an appeal procedure in the event
that the CalFire cancels a previously approved NTMP.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. The NTMP was created by the Legislature in 1990
to allow landowners with no more than 2,500 acres to apply for
a timber harvesting document that would allow for long-term
approval with certain conditions under a known set of forest
practice rules. The program requires the use of uneven aged
forest management and proof that operations provide for
sustained yield. Through an NTMP, a nonindustrial tree farmer
does not have to prepare costly individual Timber Harvesting
Plans. Instead, a simpler notice of operation is filed that
indicates whether the harvesting complies with the FPA and the
FPR and conforms to the approved NTMP.
As of 2004, over 500 NTMP's totaling almost 250,000 acres have
been approved by CalFire, with almost 80 percent of those in
the Coastal Area.
2)Purpose of the Bill. CalFire does not have an administrative
appeal procedure for a nonindustrial tree farmer in the event
that CalFire cancels a previously approved NTMP. This bill
will require the development of an administrative appeal
process and, therefore, provide guidance to both CalFire and a
nonindustrial tree farmer in proceeding with a contested NTMP
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cancelation.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092