California 2009 2009-2010 Regular Session

California Senate Bill SB1293 Introduced / Bill

Filed 02/19/2010

 BILL NUMBER: SB 1293INTRODUCED BILL TEXT INTRODUCED BY Senators Hollingsworth and Ducheny FEBRUARY 19, 2010 An act to add Section 21080.36 to the Public Resources Code, relating to the environment. LEGISLATIVE COUNSEL'S DIGEST SB 1293, as introduced, Hollingsworth. Environment: CEQA exemption: vegetation management plan. (1) 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 (EIR) 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. CEQA exempts certain specified activities from its requirements. This bill would exempt from CEQA the adoption of a vegetation management plan or the implementation of a project identified in an adopted plan meeting specified requirements. (2) 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. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 21080.36 is added to the Public Resources Code, to read: 21080.36. This division does not apply to the adoption of a vegetation management plan or the implementation of a project identified in an adopted plan if the plan meets all of the following criteria: (a) The strategic vegetation treatment is limited to activities that will treat vegetation to reduce fire hazards by reducing the age or thinning the biomass of vegetation in a fire hazard severity zone as identified pursuant to Article 9 (commencing with Section 4201) of Part 2 of Division 4, or in a very high fire hazard severity zone as defined in Section 51177 of the Government Code. (b) The strategic vegetation treatment activity does not change the species composition or major physical characteristics of the vegetation through type conversion. (c) Biological and archeological surveys are performed on the areas that are proposed for treatment to identify and avoid sensitive areas to prevent impacts to these resources. (d) Activities are overseen by a licensed timber operator and conform to the Z'berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4). SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because this act provides for offsetting savings to local agencies or school districts that result in no net costs to the local agencies or school districts, within the meaning of Section 17556 of the Government Code.