BILL ANALYSIS �
AB 2170
Page 1
ASSEMBLY THIRD READING
AB 2170 (Chesbro and Dickinson)
As Amended May 2, 2012
Majority vote
NATURAL RESOURCES 8-0 APPROPRIATIONS 17-0
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|Ayes:|Chesbro, Knight, |Ayes:|Fuentes, Harkey, |
| |Dickinson, Grove, | |Blumenfield, Bradford, |
| |Halderman, Huffman, | |Charles Calderon, Campos, |
| |Monning, Skinner | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Nielsen, Norby, |
| | | |Solorio, Wagner |
| | | | |
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SUMMARY : This bill 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 must be prepared by a registered
professional forester and is considered by the Natural
Resources Agency to be the functional equivalent of an
AB 2170
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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
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, one-time costs in the range of $40,000 to $100,000 to
the Board during 2012-13 and 2013-14 to adopt regulations
(General Fund and special funds).
COMMENTS : 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.
There are currently approximately 700 NTMPs covering a combined
area of 283,000 acres.
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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 cancelation.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0003965