Amended IN Senate September 06, 2019 Amended IN Senate August 26, 2019 Amended IN Senate June 05, 2019 Amended IN Assembly April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1823Introduced by Committee on Natural Resources (Assembly Members Friedman (Chair), Flora (Vice Chair), Chau, Eggman, Cristina Garcia, Limn, Mathis, McCarty, Muratsuchi, and Mark Stone)March 12, 2019 An act to repeal Section 815.11 of the Civil Code, and to amend Sections 4290.1, 4630.1, and 4630.2 of, to add Section 4005 to, to add Article 10 (commencing with Section 4751) to Chapter 10 of Part 2 of Division 4 of, and to repeal Section 4124.7 of, the Public Resources Code, relating to forestry and fire protection, and declaring the urgency thereof, to take effect immediately. protection.LEGISLATIVE COUNSEL'S DIGESTAB 1823, as amended, Committee on Natural Resources. Forestry and fire Fire protection: local fire planning and easements. planning.(1) Existing law requires the State Board of Forestry and Fire Protection, on or before July 1, 2022, to develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone that meet best practices for local fire planning. Existing law requires the state board to consider certain things when developing the criteria for the list, including recently developed or updated community wildfire protection plans.This bill would also require the state board, when considering developing criteria for the list, to consider compliance with the state boards regulations, including minimum fire safety standards. The bill would require the state board to post the list on its internet website. The bill would also repeal a duplicative and inoperative provision that incorrectly names the list.(2) Existing law establishes the Forest Management Task Force pursuant to a specified executive order issued by the Governor, and requires the task force or its successor entity, on or before July 1, 2020, in consultation with specified entities, to develop recommendations for siting additional wood product manufacturing facilities in the state. Existing law specifies that it is the intent of the Legislature, in developing those recommendations, that the location and activities of the mass timber production facilities be, among other things, located in, or be approximate to, areas that are near the locations of large landscape fires, as described, and in areas identified as federal opportunity zones or in areas that have an average household income of 5% below the states median household income.This bill would add a definition of the task force for purposes of those provisions and recast the median household income threshold from 5% below to at least 5% below the states median household income.(3) Existing law requires, on or before January 31, 2020, the Department of Forestry and Fire Protection, in consultation with the state board, to identify barriers to in-state production of mass timber and other innovative forest products, and develop solutions that are consistent with the states climate objectives on forest lands.This bill would extend the compliance date from on or before January 31, 2020, to on or before July 1, 2020.(4)Existing law requires, for any conservation easement purchased with state funds on or after January 1, 2019, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the landowner agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the lands ability to provide resilient, long-term carbon sequestration and net carbon stores, as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of those larger trees over time.This bill would revise and recast this provision to instead require, for any conservation easement purchased with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of specified forest land, to the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, that the terms of the conservation easement address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions. The bill would also require the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structures and species composition, as specified. (5)This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: TWO_THIRDSMAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 815.11 of the Civil Code is repealed.SEC. 2.SECTION 1. Section 4005 is added to the Public Resources Code, to read:4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.SEC. 3.SEC. 2. Section 4124.7 of the Public Resources Code, as added by Section 3 of Chapter 632 of the Statutes of 2018, is repealed.SEC. 4.SEC. 3. Section 4290.1 of the Public Resources Code is amended to read:4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):(1) Compliance with the boards regulations, including minimum fire safety standards.(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.(4) Recently developed or updated community wildfire protection plans.(c) The board shall post the Fire Risk Reduction Community list on its internet website.SEC. 5.SEC. 4. Section 4630.1 of the Public Resources Code is amended to read:4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.SEC. 6.SEC. 5. Section 4630.2 of the Public Resources Code is amended to read:4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.(2) Generate mass timber workforce training and job creation opportunities.(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.SEC. 7.Article 10 (commencing with Section 4751) is added to Chapter 10 of Part 2 of Division 4 of the Public Resources Code, to read:10.Conservation Easements on Forested Lands4751.(a)(1)This article shall apply to any conservation easement contracted for purchase with state funds on or after January 1, 2020, wherein land subject to the easement is composed of existing forest lands, as defined in subdivision (g) of Section 12220, covering at least 40 acres, except as provided in paragraph (2).(2)The 40-acre minimum in paragraph (1) shall not apply if the land subject to the easement has been zoned as a timberland production zone pursuant to Section 51112 or 51113 of, and as defined in subdivision (g) of Section 51104 of, the Government Code.(b)To the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, the terms of any conservation easement subject to this article shall address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions.(c)The provisions in any conservation easement subject to this article, and any required management plan, shall guide forest management, and other land management undertaken by the landowner, to promote native forest ecological structures and species composition consistent with the forest type, including stand canopy and density, and the development or retention of key structural elements for climate adaptation, including, but not limited to, larger, older trees that benefit vulnerable fish and wildlife.SEC. 8.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address the pressing need to clarify existing law, which is preventing state agencies and landowners from completing lengthy conservation transactions on currently unprotected conservation lands, and to provide immediate direction on new criteria that implementing parties must consider before finalizing transactions, recommendations, solutions, and lists that assist in forest and wildfire management, it is necessary for this act to take effect immediately.
Amended IN Senate September 06, 2019 Amended IN Senate August 26, 2019 Amended IN Senate June 05, 2019 Amended IN Assembly April 11, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1823Introduced by Committee on Natural Resources (Assembly Members Friedman (Chair), Flora (Vice Chair), Chau, Eggman, Cristina Garcia, Limn, Mathis, McCarty, Muratsuchi, and Mark Stone)March 12, 2019 An act to repeal Section 815.11 of the Civil Code, and to amend Sections 4290.1, 4630.1, and 4630.2 of, to add Section 4005 to, to add Article 10 (commencing with Section 4751) to Chapter 10 of Part 2 of Division 4 of, and to repeal Section 4124.7 of, the Public Resources Code, relating to forestry and fire protection, and declaring the urgency thereof, to take effect immediately. protection.LEGISLATIVE COUNSEL'S DIGESTAB 1823, as amended, Committee on Natural Resources. Forestry and fire Fire protection: local fire planning and easements. planning.(1) Existing law requires the State Board of Forestry and Fire Protection, on or before July 1, 2022, to develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone that meet best practices for local fire planning. Existing law requires the state board to consider certain things when developing the criteria for the list, including recently developed or updated community wildfire protection plans.This bill would also require the state board, when considering developing criteria for the list, to consider compliance with the state boards regulations, including minimum fire safety standards. The bill would require the state board to post the list on its internet website. The bill would also repeal a duplicative and inoperative provision that incorrectly names the list.(2) Existing law establishes the Forest Management Task Force pursuant to a specified executive order issued by the Governor, and requires the task force or its successor entity, on or before July 1, 2020, in consultation with specified entities, to develop recommendations for siting additional wood product manufacturing facilities in the state. Existing law specifies that it is the intent of the Legislature, in developing those recommendations, that the location and activities of the mass timber production facilities be, among other things, located in, or be approximate to, areas that are near the locations of large landscape fires, as described, and in areas identified as federal opportunity zones or in areas that have an average household income of 5% below the states median household income.This bill would add a definition of the task force for purposes of those provisions and recast the median household income threshold from 5% below to at least 5% below the states median household income.(3) Existing law requires, on or before January 31, 2020, the Department of Forestry and Fire Protection, in consultation with the state board, to identify barriers to in-state production of mass timber and other innovative forest products, and develop solutions that are consistent with the states climate objectives on forest lands.This bill would extend the compliance date from on or before January 31, 2020, to on or before July 1, 2020.(4)Existing law requires, for any conservation easement purchased with state funds on or after January 1, 2019, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the landowner agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the lands ability to provide resilient, long-term carbon sequestration and net carbon stores, as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of those larger trees over time.This bill would revise and recast this provision to instead require, for any conservation easement purchased with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of specified forest land, to the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, that the terms of the conservation easement address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions. The bill would also require the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structures and species composition, as specified. (5)This bill would declare that it is to take effect immediately as an urgency statute.Digest Key Vote: TWO_THIRDSMAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Senate September 06, 2019 Amended IN Senate August 26, 2019 Amended IN Senate June 05, 2019 Amended IN Assembly April 11, 2019
Amended IN Senate September 06, 2019
Amended IN Senate August 26, 2019
Amended IN Senate June 05, 2019
Amended IN Assembly April 11, 2019
CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION
Assembly Bill
No. 1823
Introduced by Committee on Natural Resources (Assembly Members Friedman (Chair), Flora (Vice Chair), Chau, Eggman, Cristina Garcia, Limn, Mathis, McCarty, Muratsuchi, and Mark Stone)March 12, 2019
Introduced by Committee on Natural Resources (Assembly Members Friedman (Chair), Flora (Vice Chair), Chau, Eggman, Cristina Garcia, Limn, Mathis, McCarty, Muratsuchi, and Mark Stone)
March 12, 2019
An act to repeal Section 815.11 of the Civil Code, and to amend Sections 4290.1, 4630.1, and 4630.2 of, to add Section 4005 to, to add Article 10 (commencing with Section 4751) to Chapter 10 of Part 2 of Division 4 of, and to repeal Section 4124.7 of, the Public Resources Code, relating to forestry and fire protection, and declaring the urgency thereof, to take effect immediately. protection.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1823, as amended, Committee on Natural Resources. Forestry and fire Fire protection: local fire planning and easements. planning.
(1) Existing law requires the State Board of Forestry and Fire Protection, on or before July 1, 2022, to develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone that meet best practices for local fire planning. Existing law requires the state board to consider certain things when developing the criteria for the list, including recently developed or updated community wildfire protection plans.This bill would also require the state board, when considering developing criteria for the list, to consider compliance with the state boards regulations, including minimum fire safety standards. The bill would require the state board to post the list on its internet website. The bill would also repeal a duplicative and inoperative provision that incorrectly names the list.(2) Existing law establishes the Forest Management Task Force pursuant to a specified executive order issued by the Governor, and requires the task force or its successor entity, on or before July 1, 2020, in consultation with specified entities, to develop recommendations for siting additional wood product manufacturing facilities in the state. Existing law specifies that it is the intent of the Legislature, in developing those recommendations, that the location and activities of the mass timber production facilities be, among other things, located in, or be approximate to, areas that are near the locations of large landscape fires, as described, and in areas identified as federal opportunity zones or in areas that have an average household income of 5% below the states median household income.This bill would add a definition of the task force for purposes of those provisions and recast the median household income threshold from 5% below to at least 5% below the states median household income.(3) Existing law requires, on or before January 31, 2020, the Department of Forestry and Fire Protection, in consultation with the state board, to identify barriers to in-state production of mass timber and other innovative forest products, and develop solutions that are consistent with the states climate objectives on forest lands.This bill would extend the compliance date from on or before January 31, 2020, to on or before July 1, 2020.(4)Existing law requires, for any conservation easement purchased with state funds on or after January 1, 2019, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the landowner agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the lands ability to provide resilient, long-term carbon sequestration and net carbon stores, as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of those larger trees over time.This bill would revise and recast this provision to instead require, for any conservation easement purchased with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of specified forest land, to the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, that the terms of the conservation easement address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions. The bill would also require the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structures and species composition, as specified. (5)This bill would declare that it is to take effect immediately as an urgency statute.
(1) Existing law requires the State Board of Forestry and Fire Protection, on or before July 1, 2022, to develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone that meet best practices for local fire planning. Existing law requires the state board to consider certain things when developing the criteria for the list, including recently developed or updated community wildfire protection plans.
This bill would also require the state board, when considering developing criteria for the list, to consider compliance with the state boards regulations, including minimum fire safety standards. The bill would require the state board to post the list on its internet website. The bill would also repeal a duplicative and inoperative provision that incorrectly names the list.
(2) Existing law establishes the Forest Management Task Force pursuant to a specified executive order issued by the Governor, and requires the task force or its successor entity, on or before July 1, 2020, in consultation with specified entities, to develop recommendations for siting additional wood product manufacturing facilities in the state. Existing law specifies that it is the intent of the Legislature, in developing those recommendations, that the location and activities of the mass timber production facilities be, among other things, located in, or be approximate to, areas that are near the locations of large landscape fires, as described, and in areas identified as federal opportunity zones or in areas that have an average household income of 5% below the states median household income.
This bill would add a definition of the task force for purposes of those provisions and recast the median household income threshold from 5% below to at least 5% below the states median household income.
(3) Existing law requires, on or before January 31, 2020, the Department of Forestry and Fire Protection, in consultation with the state board, to identify barriers to in-state production of mass timber and other innovative forest products, and develop solutions that are consistent with the states climate objectives on forest lands.
This bill would extend the compliance date from on or before January 31, 2020, to on or before July 1, 2020.
(4)Existing law requires, for any conservation easement purchased with state funds on or after January 1, 2019, wherein land subject to the easement includes some forest lands, or consists completely of forest lands, to the extent not in conflict with federal law, the terms of any applicable bond, or the requirements of any other funding source, that the landowner agree, as part of the easement management plan, to maintain and improve forest health through promotion of a more natural tree density, species composition, structure, and habitat function, to make improvements that increase the lands ability to provide resilient, long-term carbon sequestration and net carbon stores, as well as watershed functions, to provide for the retention of larger trees and a natural range of age classes, and to ensure the growth and retention of those larger trees over time.
This bill would revise and recast this provision to instead require, for any conservation easement purchased with state funds on or after January 1, 2020, wherein land subject to the easement is comprised of specified forest land, to the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, that the terms of the conservation easement address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions. The bill would also require the conservation easement, and any required management plan, to guide forest and other land management undertaken by the landowner to promote, among other things, native forest ecological structures and species composition, as specified.
(5)This bill would declare that it is to take effect immediately as an urgency statute.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 815.11 of the Civil Code is repealed.SEC. 2.SECTION 1. Section 4005 is added to the Public Resources Code, to read:4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.SEC. 3.SEC. 2. Section 4124.7 of the Public Resources Code, as added by Section 3 of Chapter 632 of the Statutes of 2018, is repealed.SEC. 4.SEC. 3. Section 4290.1 of the Public Resources Code is amended to read:4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):(1) Compliance with the boards regulations, including minimum fire safety standards.(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.(4) Recently developed or updated community wildfire protection plans.(c) The board shall post the Fire Risk Reduction Community list on its internet website.SEC. 5.SEC. 4. Section 4630.1 of the Public Resources Code is amended to read:4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.SEC. 6.SEC. 5. Section 4630.2 of the Public Resources Code is amended to read:4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.(2) Generate mass timber workforce training and job creation opportunities.(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.SEC. 7.Article 10 (commencing with Section 4751) is added to Chapter 10 of Part 2 of Division 4 of the Public Resources Code, to read:10.Conservation Easements on Forested Lands4751.(a)(1)This article shall apply to any conservation easement contracted for purchase with state funds on or after January 1, 2020, wherein land subject to the easement is composed of existing forest lands, as defined in subdivision (g) of Section 12220, covering at least 40 acres, except as provided in paragraph (2).(2)The 40-acre minimum in paragraph (1) shall not apply if the land subject to the easement has been zoned as a timberland production zone pursuant to Section 51112 or 51113 of, and as defined in subdivision (g) of Section 51104 of, the Government Code.(b)To the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, the terms of any conservation easement subject to this article shall address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions.(c)The provisions in any conservation easement subject to this article, and any required management plan, shall guide forest management, and other land management undertaken by the landowner, to promote native forest ecological structures and species composition consistent with the forest type, including stand canopy and density, and the development or retention of key structural elements for climate adaptation, including, but not limited to, larger, older trees that benefit vulnerable fish and wildlife.SEC. 8.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:In order to address the pressing need to clarify existing law, which is preventing state agencies and landowners from completing lengthy conservation transactions on currently unprotected conservation lands, and to provide immediate direction on new criteria that implementing parties must consider before finalizing transactions, recommendations, solutions, and lists that assist in forest and wildfire management, it is necessary for this act to take effect immediately.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SEC. 2.SECTION 1. Section 4005 is added to the Public Resources Code, to read:4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.
SEC. 2.SECTION 1. Section 4005 is added to the Public Resources Code, to read:
### SEC. 2.SECTION 1.
4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.
4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.
4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.
4005. Forest Management Task Force means the task force established by the Governor to oversee the implementation of Executive Order No. B-52-18.
SEC. 3.SEC. 2. Section 4124.7 of the Public Resources Code, as added by Section 3 of Chapter 632 of the Statutes of 2018, is repealed.
SEC. 3.SEC. 2. Section 4124.7 of the Public Resources Code, as added by Section 3 of Chapter 632 of the Statutes of 2018, is repealed.
### SEC. 3.SEC. 2.
SEC. 4.SEC. 3. Section 4290.1 of the Public Resources Code is amended to read:4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):(1) Compliance with the boards regulations, including minimum fire safety standards.(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.(4) Recently developed or updated community wildfire protection plans.(c) The board shall post the Fire Risk Reduction Community list on its internet website.
SEC. 4.SEC. 3. Section 4290.1 of the Public Resources Code is amended to read:
### SEC. 4.SEC. 3.
4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):(1) Compliance with the boards regulations, including minimum fire safety standards.(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.(4) Recently developed or updated community wildfire protection plans.(c) The board shall post the Fire Risk Reduction Community list on its internet website.
4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):(1) Compliance with the boards regulations, including minimum fire safety standards.(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.(4) Recently developed or updated community wildfire protection plans.(c) The board shall post the Fire Risk Reduction Community list on its internet website.
4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):(1) Compliance with the boards regulations, including minimum fire safety standards.(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.(4) Recently developed or updated community wildfire protection plans.(c) The board shall post the Fire Risk Reduction Community list on its internet website.
4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a Fire Risk Reduction Community list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning.
(b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a):
(1) Compliance with the boards regulations, including minimum fire safety standards.
(2) Participation in the National Fire Protection Associations Firewise USA or the National Wildfire Coordinating Groups Fire Adapted Communities programs.
(3) Adoption of the boards recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code.
(4) Recently developed or updated community wildfire protection plans.
(c) The board shall post the Fire Risk Reduction Community list on its internet website.
SEC. 5.SEC. 4. Section 4630.1 of the Public Resources Code is amended to read:4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.
SEC. 5.SEC. 4. Section 4630.1 of the Public Resources Code is amended to read:
### SEC. 5.SEC. 4.
4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.
4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.
4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.
4630.1. (a) On or before July 1, 2020, the department, in consultation with the board, shall identify barriers to in-state production of mass timber and other innovative forest products, and shall develop solutions that are consistent with the states climate objectives on forest lands.
(b) The department shall collaborate, in implementing this section, with members of the working group established pursuant to Section 717, other state agencies, and independent experts, including with apprenticeship programs of organized labor, community colleges, and others with similar expertise, on innovative forest products and mass timber workforce training and job creation.
SEC. 6.SEC. 5. Section 4630.2 of the Public Resources Code is amended to read:4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.(2) Generate mass timber workforce training and job creation opportunities.(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.
SEC. 6.SEC. 5. Section 4630.2 of the Public Resources Code is amended to read:
### SEC. 6.SEC. 5.
4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.(2) Generate mass timber workforce training and job creation opportunities.(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.
4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.(2) Generate mass timber workforce training and job creation opportunities.(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.
4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.(2) Generate mass timber workforce training and job creation opportunities.(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.
4630.2. (a) On or before July 1, 2020, the Forest Management Task Force or its successor entity shall, in consultation with the Governors Office of Business and Economic Development, the Joint Institute for Wood Products Innovation in the Board of Forestry and Fire Protection, private industry, investors, and other stakeholders it deems appropriate, develop recommendations for siting additional wood product manufacturing facilities in the state. These recommendations shall include, but are not limited to, all of the following:
(1) A financially viable proposal for the development and construction of at least one new mass timber production facility that can manufacture mass timber panels that can be cross or dowel laminated or use similar mass timber technology.
(2) The identification and proposal of the necessary incentives needed to attract private investment to construct such a mass timber production facility in California.
(3) The identification of other former manufacturing or wood processing sites that may be suitable for future investment.
(b) In developing the recommendations pursuant to subdivision (a), it is the intent of the Legislature that the location and activities of the mass timber production facilities, to the extent feasible, meet all of the following:
(1) Be adjacent to a high or very high fire hazard severity zone, as identified by the department, and be capable of processing materials generated as a result of fuel treatments or other forest management practices.
(2) Generate mass timber workforce training and job creation opportunities.
(3) Be located in, or be proximate to, areas that are near the locations of large landscape fires of greater than 50,000 acres that have occurred since 2005 and in areas identified as federal opportunity zones or in areas that have an average household income of at least 5 percent below the states median household income.
(a)(1)This article shall apply to any conservation easement contracted for purchase with state funds on or after January 1, 2020, wherein land subject to the easement is composed of existing forest lands, as defined in subdivision (g) of Section 12220, covering at least 40 acres, except as provided in paragraph (2).
(2)The 40-acre minimum in paragraph (1) shall not apply if the land subject to the easement has been zoned as a timberland production zone pursuant to Section 51112 or 51113 of, and as defined in subdivision (g) of Section 51104 of, the Government Code.
(b)To the extent not in conflict with federal law, with the terms of any applicable bond, or with the requirements of any other funding source, the terms of any conservation easement subject to this article shall address forest management to maintain and improve forest health and resiliency to disturbances in order to conserve and enhance the lands ability to provide long-term carbon sequestration, climate benefits, and watershed functions.
(c)The provisions in any conservation easement subject to this article, and any required management plan, shall guide forest management, and other land management undertaken by the landowner, to promote native forest ecological structures and species composition consistent with the forest type, including stand canopy and density, and the development or retention of key structural elements for climate adaptation, including, but not limited to, larger, older trees that benefit vulnerable fish and wildlife.
This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to address the pressing need to clarify existing law, which is preventing state agencies and landowners from completing lengthy conservation transactions on currently unprotected conservation lands, and to provide immediate direction on new criteria that implementing parties must consider before finalizing transactions, recommendations, solutions, and lists that assist in forest and wildfire management, it is necessary for this act to take effect immediately.