Forestry: timberlands: conversion mitigation.

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. A violation of the act is a crime. The act also requires a person who owns timberlands, which are to be devoted to uses other than the growing of timber, to file an application for conversion with the State Board of Forestry and Fire Protection and requires the board to establish a system of graduated timberland conversion permit fees. This bill would require the permit fee to cover the costs of the department and the Department of Fish and Game with regard to reviewing the application and ensuring compliance with specified requirements imposed by the bill. The bill would prohibit the board from approving an application for conversion of timberlands of 3 or more acres unless the board makes specified findings regarding the mitigation of the conversion. The bill would require all mitigation associated with these conversion projects to be on lands that secure the mitigation with a permanent conservation easement unless the reforestation requirement meets a minimum acreage ratio and would require an applicant for conversion to take specified actions with regard to the management of timberland and reforestation. The bill would also require a county that adopts a timberland conversion and mitigation ordinance to demonstrate that it meets or exceeds specified requirements to petition the board. The bill would require a timberland conversion permit applicant to enter into an agreement with the board to implement the requirements of the bill. The bill would establish the Timberland Conversion Services Fund, to be administered by the board. The bill would continuously appropriate the money in the fund to the board to implement the bill, thereby making an appropriation. The bill would impose a state-mandated local program by creating new crimes with regard to the requirements imposed by the bill upon a person that applies to convert timberland and by imposing new duties upon local agencies by requiring counties to enter into an agreement with the board and the applicant. The bill would require the board to develop guidelines to assist in compliance with the requirements imposed by the bill and would require the guidelines to be submitted to the State Air Resources Board. The bill would exempt the development of these guidelines from the requirements imposed upon the adoption of regulations. The bill would authorize the board to expend the money in the fund to develop those guidelines and would authorize the State Air Resources Board to expend certain fees deposited in the Air Pollution Control Fund, upon appropriation by the Legislature, to review the guidelines. (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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.