BILL ANALYSIS �
-----------------------------------------------------------------
| |
| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2011-2012 Regular Session |
| |
-----------------------------------------------------------------
BILL NO: SB 1541 HEARING DATE: April 24, 2012
AUTHOR: La Malfa URGENCY: No
VERSION: April 9, 2012 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Timber harvesting plans.
BACKGROUND AND EXISTING LAW
In 2004, the Legislature passed and the governor signed AB 2420
(La Malfa) that established a partial exemption under the Forest
Practices Act for fuel reduction activities that meet a number
of specified criteria. That bill had a sunset provision that was
extended in AB 1515 (La Malfa) in 2007.
Timber harvesting activities are regulated by the Forest
Practices Act, other state laws, and regulations of the Board of
Forestry and Fire Protection. The statutes and regulations are
generally administered by the Department of Forestry and Fire
Protection (CDF).
Generally, timber harvest plans are required when commercial
species of trees are harvested for the purpose of sale. Section
4584 of the Public Resources Code contains numerous timber
harvest plan exemptions, including those for tree removal for
public utility lines, the removal of dead and dying trees, and a
three-acre exemption for all timberland landowners.
Another existing exemption specifies the conditions under which
trees can be removed within 150 feet of most structures for
purposes of fire protection.
The purpose of this particular exemption is "to reduce the rate
of fire spread, duration and intensity." To initiate activities
using this exemption, a registered professional forester would
prepare the notice of exemption.
The exemption is limited to areas of less than 300 acres and
1
there is a provision that requires the harvesting activity to
increase the overall size of trees that remain in the area.
Additionally, existing law requires those who propose to use
this exemption to do all of the following: submit a map of the
area that meets certain criteria, provide both a pre-harvest and
post-harvest description of the stocking levels (types and sizes
of trees) that are present, mark the trees to be harvested, and
the regulations that protect archaeological sites must be
followed.
Generally, only trees with a stump diameter of less than 18
inches may be removed. Trees, flammable materials on the ground,
and undergrowth that would allow a fire to climb into the crowns
of trees must be removed to achieve a minimum clearance distance
of 8 feet. In addition, other specified provisions of the Forest
Practice Rules apply to this partial exemption. Finally, CDF is
required to conduct an onsite inspection after timber operations
pursuant to this exemption are complete.
PROPOSED LAW
This bill would remove the sunset provision of January 1, 2013,
thus allowing this partial exemption to remain in effect without
a new sunset provision.
ARGUMENTS IN SUPPORT
The author believes that this partial exemption, carefully
negotiated in 2004, has proven effective and that the sunset
provision should be removed.
In data provided by CDF to the author, this partial exemption
has been used on 8400 acres across the state. Several northern
California counties were the site of these projects but it turns
out that San Bernardino County has had more acreage (2100 acres)
treated than any other county. The partial exemption was used
most in 2008-10, and has experienced a sharp drop in use in
2012.
Another way of looking at this exemption is in terms of the
number of plans that were submitted. Since its adoption, 309
plans have been submitted, again with those in San Bernardino
County far surpassing those in other parts of the state.
Landowners in San Bernardino County submitted 180 plans, far in
excess of the next highest number of plans submitted from
landowners in Placer and Plumas counties.
AMENDMENTS
2
ARGUMENTS IN OPPOSITION
None received
SUPPORT
California Licensed Foresters Association
OPPOSITION
None Received
3