AB 2639

Bill Subjects

Forestry Maintenance Of Timberlands For Fuels Reduction Timber Operations

Abstract

The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. Existing law defines "timber operations" for purposes of the act. The act provides that any person who willfully violates any provision of the act or rule or regulation of the State Board of Forestry and Fire Protection is guilty of a misdemeanor. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. This bill would expand the definition of "timber operations" to include the maintenance of timberlands through fuels reduction paid in part or in whole with public funds. By expanding the scope of a crime, the bill would create a state-mandated local program. The bill would provide that timber operations for the maintenance of timberland, paid in part or in whole with public funds, may, as an alternative to obtaining an approved timber harvesting plan, comply with the requirements of CEQA. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.