BILL ANALYSIS �
SB 1541
Page 1
Date of Hearing: July 2, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
SB 1541 (La Malfa) - As Amended: April 9, 2012
SUBJECT : Timber harvesting plans
SUMMARY : Deletes the January 1, 2013 sunset date for the Forest
Fire Prevention Exemption (FFPE), which allows limited timber
harvesting to decrease fuel continuity.
EXISTING LAW : Pursuant to the Z'Berg-Nejedly Forest Practice
Act of 1973 (FPA):
1)Prohibits any person from conducting timber operations unless
a timber harvest plan (THP) has been prepared by a registered
professional forester and approved by the Department of
Forestry and Fire Protection (CAL FIRE). Generally, a THP
must contain a description of the location of the planned
harvest, the harvest method, measures to avoid excessive
erosion, timeframe of operations, and other information
required by forest practice rules adopted by the Board of
Forestry.
2)Establishes the FFPE for tree harvesting that meets specific
conditions, including the following:
a) The harvesting must occur on parcels of 300 acres or
less.
b) The harvesting must decrease fuel continuity (both
vertically and horizontally).
c) The harvesting must create a situation in which the
average diameter of the trees that remain in the stand is
larger than the average diameter of the trees in the stand
prior to the fuel reduction activities.
d) A registered professional forester must prepare the
notice of exemption.
e) The level of residual stocking must be consistent with
maximum sustained production of high-quality timber
products.
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f) The activities must comply with the regulations that
protect archaeological sites.
g) Only trees less than 18 inches in stump diameter,
measured at 8 inches above ground level, may be removed.
However, within 500 feet of a legally permitted structure,
or in an area prioritized as a shaded fuel break in a
community wildfire protection plan approved by a public
fire agency, if the goal of fuel reduction cannot be
achieved by removing trees less than 18 inches in stump
diameter, trees less than 24 inches in stump diameter may
be removed if that removal is necessary to achieve the goal
of fuel reduction.
3)Sunsets the FFPE on January 1, 2013.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background and Purpose of the Bill. According to CAL FIRE,
since 2004, the FFPE has been used to achieve fuel hazard
reduction on 8,408 acres in the state. The FFPE has been
utilized the most in San Bernardino, Plumas, and Placer
Counties, where 2,092, 1,913, and 1,305 acres have been
harvested, respectively, over the life of the program. This
bill will allow the FFPE program to operate in perpetuity by
deleting the January 1, 2013 sunset date. Neither CAL FIRE
nor any member of the public has expressed concern to the
committee with regard to extending the life of the program.
2)Legislative History. The FFPE was created in 2004 by AB 2420
(La Malfa) and contained a January 1, 2008 sunset date. The
Assembly Floor analysis for AB 2420 included the following
comments:
According to the author's office, this bill is a
needed response to the recent 2003 wildland fires that
devastated Southern California. This bill is a common
sense, responsible approach toward reducing the
effects and severity of wildfires. Using a system
that encourages good fire-safe practices by private
timberland owners, while still maintaining strict
requirements to protect the overall health and
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productivity of forests, will help alleviate the
threat of wildfires.
In 2007, the FFPE sunset date was extended to January 1,
2013 by AB 1515 (La Malfa). The Assembly Natural
Resources Committee analysis for AB 1515 included the
following comments:
According to the author, AB 2420 was the first step in
the right direction for better managing California's
forest and wildlands?.AB 2420 worked, and has achieved
fuel hazard reduction on nearly 1,200 acres. Those
individuals who utilized this exemption were those who
would not have been able to afford to go through the
costly THP process, and thus their lands would have
gone untreated.
REGISTERED SUPPORT / OPPOSITION :
Support
California Licensed Foresters Association
Opposition
None on file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092