Environment (Forestry)

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 authorizes the preparation and certification of an EIR for a program, plan, policy, or ordinance, commonly known as a "program EIR," and requires a lead agency to examine later activities in the program in light of the program EIR to determine whether an additional environmental document is required to be prepared. This bill would require, on or before January 1, 2027, the State Board of Forestry and Fire Protection to update the California Vegetation Treatment Program Final Program Environmental Impact Report (FPEIR) to, among other things, expand the area that is treatable landscape under the FPEIR to portions of the state suitable for vegetation treatment consistent with the FPEIR, regardless of fire suppression responsibility designation, and recognize cultural burning conducted pursuant to a specified law as a covered treatment activity. The bill would authorize a public agency to partner with a federally recognized California Native American tribe to conduct a project under the FPEIR in the agency's jurisdiction.

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, until January 1, 2032, exempt from CEQA egress route projects undertaken by a public agency to improve emergency access to and evacuation from a subdivision without a secondary egress route if the State Board of Forestry and Fire Protection has recommended the creation of a secondary access to the subdivision and certain conditions are met. The bill would require the lead agency to hold a noticed public meeting to hear and respond to public comments before determining that a project is exempt. The bill would require the lead agency, if it determines that a project is not subject to CEQA and approves or carries out that project, to file a notice of exemption with the Office of Land Use and Climate Innovation and with the clerk of the county in which the project will be located.

The California Urban Forestry Act of 1978 has a stated purpose of the promotion of the use of urban forest resources for the purpose of increasing integrated projects with multiple benefits in urban communities, including, but not limited to, the benefit of expanded urban forest canopy and community greening. This bill would also include school greening, as defined, as a benefit of the act. The act requires the Department of Forestry and Fire Protection to implement a program in urban forestry to encourage better tree management and planning in urban areas to increase integrated, multiple benefit projects by assisting urban areas with innovative solutions to problems including, among other things, improved capture of storm water and dry weather runoff, addressing water shortages. This bill would provide improving school greening as a problem to be addressed by the program. The act requires the department to complete a statewide strategic plan, as specified, and to submit the plan to the Legislature on or before June 30, 2025. This bill would require the plan to be submitted to the Legislature on or before June 30, 2026. The act requires the department to provide technical assistance to urban areas with respect to, among other things, improvement and enhancement of local water capture for urban forest maintenance, and requires the department to provide advice and guidance to cities, counties, districts, and other specified entities on, among other things, best practices and metrics for maintaining urban forest health. This bill would require the department to also provide technical assistance to urban areas with respect to improvement of public schools to create tree-shaded, natural school grounds, as specified, and to provide advice and guidance on use of trees in urban areas to promote community resilience and adaptation. The act authorizes the Director of Forestry and Fire Protection to make grants to provide assistance for specified projects, including, but not limited to, tree planting projects and other categories of projects recommended by the director, as provided. This bill would include, as part of that assistance, funding for school greening to optimize tree canopy cover and nature-based learning. The bill would authorize the director to authorize a negotiated indirect cost rate agreement within an approved project that is funded with state or federal dollars. The bill would also make conforming changes.

Existing law, the Knox-Keene Health Care Service Plan Act of 1975, provides for the licensure and regulation of health care service plans by the Department of Managed Health Care, and makes a willful violation of the act a crime. Existing law provides for the regulation of health insurers by the Department of Insurance. Existing law generally requires a health care service plan contract or a health insurance policy issued, amended, or renewed on or after January 1, 2022, to provide coverage without cost sharing for a colorectal cancer screening test assigned either a grade of A or a grade of B by the United States Preventive Services Task Force and for a required colonoscopy for a positive result on a test with those grades. This bill would additionally require that coverage if the screening test is approved by the United States Food and Drug Administration and either meets requirements for coverage established by the federal Centers for Medicare and Medicaid Services, as specified, or is included in the most recently published guidelines from the American Cancer Society. Because a violation of the bill by a health care service plan would be a crime, the bill would impose a state-mandated local program. 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.

Existing law establishes in the Natural Resources Agency the Department of Forestry and Fire Protection (CAL-FIRE) and makes CAL-FIRE responsible for, among other things, fire protection and prevention, as provided. Existing law establishes the State Board of Forestry and Fire Protection in CAL-FIRE to represent the state's interest in the acquisition and management of state forests and requires the board to maintain an adequate forest policy. Former Governor Edmund G. Brown, Jr., issued a proclamation of a state of emergency on October 30, 2015, that required CAL-FIRE, the Natural Resources Agency, the Department of Transportation, and the State Energy Resources Conservation and Development Commission (Energy Commission) , among other things, to identify areas of the state that represent high hazard zones for wildfire and falling trees, known as Tier 1 and Tier 2 high hazard zones. Existing law creates the Timber Regulation and Forest Restoration Fund (Timber Fund) in the State Treasury and imposes an assessment on the purchase of a lumber product or an engineered wood product for storage, use, or other consumption in this state, at the rate of 1% of the sales price, for deposit into the Timber Fund. Existing law requires that moneys deposited in the Timber Fund, upon appropriation by the Legislature, only be expended for specified purposes, including, among other things, as a loan to the Department of Fish and Wildlife for activities to address environmental damage occurring on forest lands resulting from marijuana cultivation. Existing law specifies the funding priorities of the Timber Fund. Under existing law, the Public Utilities Commission (PUC) has regulatory authority over public utilities, including electrical corporations. The California Renewables Portfolio Standard Program requires every electrical corporation to file with the PUC a standard tariff for electricity generated by an electric generation facility, as defined, that qualifies for the tariff, is owned and operated by a retail customer of the electrical corporation, and is located within the service territory of, and developed to sell electricity to, the electrical corporation. This bill would, upon appropriation by the Legislature, make moneys from the Timber Fund or from the Greenhouse Gas Reduction Fund available to the state board to establish and implement the Forest Organic Residue Energy and Safety Transformation (FOREST) program in order to maintain and expand biomass power generation in the state, to revitalize idle facilities for biomass power generation, and to support biomass power generation facilities by creating additional capacity for power generation or feedstock utilization in strategically located regions of the state. The bill would make a facility's electrical generation eligible for reimbursement at an incentive rate determined by the state board if, among other things, the facility uses forest biomass waste, as defined, to generate electricity and the electricity is sold to specified retail sellers. The bill would require, among other things, that no less than 60% of the feedstock used by a facility originate from Tier 1 and Tier 2 high hazard zones, as defined, and would require the facility to be located in specified counties or meet specified emission limits. The bill would create an application process for an operator of a facility to seek this reimbursement that also requires the operator to demonstrate the facility is certified by the Energy Commission as an eligible renewable energy resource for purposes of the California Renewable Portfolio Standards Program, as provided, and would require the state board to adopt regulations to implement the FOREST program, as provided. This bill would establish the FOREST and Wildfire Prevention Fund (FOREST Fund) in the State Treasury, and would make moneys in the FOREST Fund available, upon appropriation, to the Natural Resources Agency for the FOREST program, as specified. The bill would repeal the authorization to loan moneys in the Timber Fund for addressing marijuana cultivation damage, as described above, and would instead, in the same funding priority, authorize the Timber Fund to be expended to support the FOREST Fund and FOREST program, as specified. The bill would also specify certain procedures regarding the funding priorities of the Timber Fund so that each purpose identified in a higher priority is funded before a lower priority, as specified. This bill would incorporate additional changes to Sections 4629.6 and 4629.8 of the Public Resources Code proposed by AB 2494 to be operative only if this bill and AB 2494 are enacted and this bill is enacted last.

The California Endangered Species Act prohibits the taking of an endangered, threatened, or candidate species, except as specified. Under the act, the Department of Fish and Wildlife (department) may authorize the take of listed species by certain entities through permits or memorandums of understanding for specified purposes. Existing law requires the State Fire Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Existing law requires a local agency to designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal, as provided. This bill would authorize a city, county, city and county, special district, or other local agency to submit to the department a wildfire preparedness plan to conduct wildfire preparedness activities on land designated as a fire hazard severity zone, as defined, that minimizes impacts to wildlife and habitat for candidate, threatened, and endangered species. The bill would require the wildfire preparedness plan to include, among other things, a brief description of the planned wildfire preparedness activities, the approximate dates for the activities, and a description of the candidate, endangered, and threatened species within the plan area. The bill would require the department to impose a fee on a local agency for the cost of reviewing a wildfire preparedness plan submitted by that local agency, as specified. The bill would require the department, if sufficient information is included in the wildfire preparedness plan for the department to determine if an incidental take permit is required, to notify the local agency within 90 days of receipt of the wildfire preparedness plan if an incidental take permit or other state permit is needed, or if there are other considerations, exemptions, or streamlined pathways that the wildfire preparedness activities qualify for, including, but not limited to, the State Board of Forestry and Fire Protection's California Vegetation Treatment Program. The bill would require the department to provide the local agency, in its notification, with guidance that includes, among other things, a description of the candidate, endangered, and threatened species within the plan area and measures to avoid, minimize, and fully mitigate the take of the candidate, threatened, and endangered species, as provided. The bill would require the department, on or before July 1, 2026, to make a standard wildfire preparedness plan submission form publicly available on its internet website. The bill also would require the department, commencing January 1, 2027, to annually post on its internet website a summary of the wildfire preparedness plans submitted and include specified information in that summary.

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 require, on and after January 1, 2027, for a project, located in a geographic area for which the Governor declared a state of emergency on or after January 1, 2023, that is to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed by wildfire, and the project is not otherwise exempt from CEQA, as specified, the lead agency to prepare the record of proceeding concurrently with the administrative process. The bill would also require an action or proceeding brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the adoption of a negative declaration or mitigated negative declaration, for the project to be resolved, to the extent feasible, within 270 calendar days of the filing of the certified record of proceedings. The bill would require an applicant to agree to pay the costs of the trial court and court of appeal in hearing and deciding any action or proceeding brought under these provisions, as provided. The bill would require the Judicial Council to adopt rules of court to implement these requirements. The bill would require the project to be consistent with the applicable zoning and land use ordinances. By requiring a lead agency to prepare the record of proceedings concurrently with the administrative process, this bill would impose a state-mandated local program. 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.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include in its regulation of those emissions the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board from the auction or sale of allowances as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund. Existing law continuously appropriates 25% of the annual proceeds of the fund to the High-Speed Rail Authority for certain purposes. This bill would suspend the appropriation to the High-Speed Rail Authority for the 2026–27 and 2027–28 fiscal years and would instead require those amounts from moneys collected by the state board to be transferred to the General Fund. The bill would specify that the transferred amounts shall be available, upon appropriation by the Legislature, to augment funding for water infrastructure and wildfire prevention.

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The state board is required to adopt rules and regulations to achieve the maximum technologically feasible and cost-effective greenhouse gas emissions reductions to ensure that the statewide greenhouse gas emissions are reduced to at least 40% below the statewide greenhouse gas emissions limit, as defined, no later than December 31, 2030. The act requires the state board to prepare and approve a scoping plan for achieving the maximum technologically feasible and cost-effective reductions in greenhouse gas emissions and to update the scoping plan at least once every 5 years. This bill would require the state board to include greenhouse gas emissions from wildlands and forest fires in the scoping plan.

Existing law requires the California Environmental Protection Agency, in coordination with the department, the State Water Resources Control Board, the State Air Resources Board, the Department of Food and Agriculture, and the Department of Forestry and Fire Protection, to develop and implement policies to aid in diverting organic waste from landfills by promoting the use of agricultural, forestry, and urban organic waste as a feedstock for compost and by promoting the appropriate use of that compost throughout the state to improve the state's soil organic matter. This bill would express the intent of the Legislature to enact future legislation that would promote the recycling of organic byproducts by increasing the opportunities for organic byproducts to be recycled into livestock feed.