BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  SB 1541
                                                                  Page  1

          Date of Hearing:   August 8, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 1541 (LaMalfa) - As Amended:  April 9, 2012 

          Policy Committee:                             Natural 
          ResourcesVote:9-0

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              No

           SUMMARY  

          This bill removes the sunset on the Forest Fire Prevention 
          Exemption (FFPE), which allows limited timber harvesting to 
          reduce the rate of fire spread, duration and intensity, fuel 
          ignitability, or ignition of tree crowns.

           FISCAL EFFECT  

          Potential minor, savings to the Department of Forestry and Fire 
          Protection (CAL FIRE) to the extent the proposed exemption 
          results in a reduction in the number of Timber Harvest Plans 
          (THP)s the CDF is required to process and review (GF and special 
          fund).

            COMMENTS  

           1)Rationale.   The author contends a narrow exemption from THP 
            requirements is warranted to encourage landowners to create 
            and/or better maintain fuel breaks designed to help in the 
            efforts to control, contain and suppress wildfires in forested 
            areas.  The author believes the benefits of encouraging 
            adequate creation and maintenance of fuel breaks outweigh the 
            potential environmental benefits of a THP for these 
            activities.

           2)Background.   The Forest Practice Act of 1973 requires the CDF 
            to regulate logging on privately-owned lands in California and 
            to ensure that logging is done in a manner that preserves 
            fish, wildlife, forests, and streams and other water 
            resources.  The  Act requires a THP to be submitted by the 
            landowner to the CDF that outlines what timber is to be 
            harvested, how it will be harvested and what steps will be 
            taken to prevent damage to the environment.  THPs are prepared 






                                                                  SB 1541
                                                                  Page  2

            by registered professional foresters on behalf of landowners, 
            can range from 100 pages to more than 500 pages, and are 
            costly enough to deter many smaller timber operations, 
            including those designed to create or maintain fuel breaks.  
            The CDF reviews and approves about 600 THPs annually.

            Since enactment of the Forest Practice Act, several exemptions 
            have been approved that have allowed timber operations to be 
            conducted without a THP.  These exemptions include timber 
            operations related to utility lines' right-of-way, Christmas 
            trees, dead, dying or diseased trees, site preparation, 
            drainage facilities and soil stabilization, trees on land 
            managed by the Department of Parks and Recreation, conversion 
            of small parcels to a nontimber use, easements granted by the 
            federal government, and cutting  and removal of Pacific Yew 
            trees.


           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081