df-46 (rev 08/17) fiscal year business unit department

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STATE OF CALIFORNIA Budget Change Proposal - Cover Sheet DF-46 (REV 08/17) Fiscal Year Business Unit Department Priority No. 2019-20 3600 Fish and Wildlife Budget Request Name 3600-020-BCP-2019-GB Program 2590 Subprogram Budget Request Description Wildfire Prevention and Recovery Legislation: Timber Harvest Plan Exemption Review (SB 901) Budget Request Summary The California Department of Fish and Wildlife requests 15 positions and $3,483,000 in FY 2019-20, $3,042,000 annually through 2023-24, and 1,042,000 annually thereafter to address workload associated with implementation of Chapter 626, Statutes of 2018 (Senate Bill 901). Requires Legislation Yes Kl No Code Section(s) to be Added/Amended/Repealed Does this BCP contain information technology (IT) components? Yes ^ No If yes, departmental Chief Information Officer must sign. Department CIO Date For IT requests, specify the project number, the most recent project approval document (FSR, SPR, S1BA, S2AA, S3SD, S4PRA), and the approval date. Project No. Project Approval Document: Approval Date: If proposal affects another department, does other department concur with proposal? Yes No Attach comments of affected department, signed and dated by the department director or designee. Prepared By Date Reviewed By Date Department Director Date Agency Secretary Date Department of Finance Use Only Additional Review: • Capital Outlay ITCU FSCU OSAE CALSTARS Dept. of Technology PPBA Original Signed By Sergio Aguilar Date submitted to the Legislature jyjj^ ^ Q 2Q |g

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Page 1: DF-46 (REV 08/17) Fiscal Year Business Unit Department

STATE OF CALIFORNIA Budget Change Proposal - Cover Sheet DF-46 (REV 08/17)

Fiscal Year Business Unit Depar tment Priority No. 2019-20 3600 Fish and Wildl i fe

Budget Request Name 3600-020-BCP-2019-GB

Program

2590 Subprogram

Budget Request Descript ion Wildf ire Prevent ion and Recovery Legislat ion: T imber Harvest Plan Exempt ion Review (SB 901)

Budget Request Summary The California Department of Fish and Wildl i fe requests 15 posit ions and $3,483,000 in FY 2019-20, $3,042,000 annual ly through 2023-24, and 1,042,000 annual ly thereafter to address work load associated with implementat ion of Chapter 626, Statutes of 2018 (Senate Bill 901).

Requires Legislat ion

• Yes Kl No

Code Sect ion(s) to be Added/Amended/Repealed

Does this BCP contain information technology (IT) components? • Yes ^ No

If yes, departmental Chief Information Officer must sign.

Department CIO Date

For IT requests, specify the project number, the most recent project approval document (FSR, SPR, S1BA, S2AA, S3SD, S4PRA) , and the approval date.

Project No. Project Approval Document : Approval Date:

If proposal affects another department , does other depar tment concur with proposal? • Yes • No Attach comments of affected department, signed and dated by the department director or designee.

Prepared By Date Reviewed By Date

Depar tment Director Date Agency Secretary Date

Department of F i n a n c e U s e Only

Addit ional Review: • Capital Outlay • ITCU • FSCU • OSAE • CALSTARS • Dept. of Technology

PPBA Original Signed By Sergio Aguilar

Date submit ted to the Legislature jyjj ^ Q 2Q|g

Page 2: DF-46 (REV 08/17) Fiscal Year Business Unit Department

BCP Fiscal Detail Sheet BCP Title: Wildfire Prevention and Recovery Legislative Package (SB 901) BR Name: 3600-020-BCP-2019-GB

Budget Request Summary FY19 CY BY BY+1 BY+2 BY+3 BY+4

Personal Services Positions - Permanent 0.0 15.0 15.0 15.0 15.0 15.0

Total Positions 0.0 15.0 15.0 15.0 15.0 15.0

Salaries and Wages Earnings - Permanent 0 1,294 1,294 1,294 1,294 1,294

Total Salaries and Wages $0 $1,294 $1,294 $1,294 $1,294 $1,294

Total Staff Benefits 0 693 693 693 693 693 Total Personal Services $0 $1,987 $1,987 $1,987 $1,987 $1,987

Operating Expenses and Equipment 5301 - General Expense 0 77 77 77 77 77 5302 - Printing 0 15 15 15 15 15 5304 - Communications 0 15 15 15 15 15 5306 - Postage 0 15 15 15 15 15 5308 - Insurance 0 7 0 0 0 0 5320 - Travel: In-State 0 75 75 75 75 75 5322 - Training 0 75 75 75 75 75 5324 - Facilities Operation 0 165 165 165 165 165 5326 - Utilities 0 30 30 30 30 30 5342 - Departmental Services 0 492 453 453 453 453 5346 - Information Tecfinology 0 90 30 30 30 30 5368 - Non-Capital Asset Purctiases - Equipment 0 90 0 0 0 0 539X - Otfier 0 350 105 105 105 105

Total Operating Expenses and Equipment $0 $1,496 $1,055 $1,055 $1,055 $1,055

Total Budget Request $0 $3,483 $3,042 $3,042 $3,042 $3,042

Fund Summary Fund Source - State Operations

0001 - General Fund 0 1,483 1,042 1,042 1,042 1,042 3212 - Timber Regulation and Forest Restoration 0 2,000 2,000 2,000 2,000 2,000

Total State Operations Expenditures $0 $3,483 $3,042 $3,042 $3,042 $3,042

Total All Funds $0 $3,483 $3,042 $3,042 $3,042 $3,042

Program Summary Program Funding

2590 - Biodiversity Conservation Program Total All Programs $0

3,483 $3,483

3,042 $3,042

3,042 $3,042

3,042 $3,042

3,042 $3,042

Page 3: DF-46 (REV 08/17) Fiscal Year Business Unit Department

BCP Title: Wildfire Prevention and Recovery Legislative Package (SB 901) BR Name: 3600-020-BCP-2019-GB

Personal Services Details

Salary information Positions Min Mid Max CY BY BY+1 BY+2 BY+3 BY+4

0764 - Sr Envirnal Scientist (Supvry) (Eff. 07-01- 0.0 1.0 1.0 1.0 1.0 1.0 0765 - SrEnvirnalScientist(Spec)(Eff. 07-01- 0.0 13.0 13.0 13.0 13.0 13.0 1139 - Office Tectin (Typing) (Eff. 07-01-2019) 0.0 1.0 1.0 1.0 1.0 1.0

Total Positions 0.0 15.0 15.0 15.0 15.0 15.0

Salaries and Wages CY BY BY+1 BY+2 BY+3 BY+4

0764 - Sr Envimal Scientist (Supvry) (Eff. 07-01- 0 115 115 115 115 115 0765 - Sr Envirnal Scientist (Spec) (Eff. 07-01- 0 1,137 1,137 1,137 1,137 1,137 1139 - Office Tectin (Typing) (Eff. 07-01-2019) 0 42 42 42 42 42

Total Salaries and Wages $0 $1,294 $1,294 $1,294 $1,294 $1,294

Staff Benefits 5150450 - Medicare Taxation 0 21 21 21 21 21 5150500 - OASDI 0 82 82 82 82 82 5150630 - Retirement - Public Employees- 0 382 382 382 382 382 5150800 - Workers'Compensation 0 23 23 23 23 23 5150900 - Staff Benefits - Ottier 0 185 185 185 185 185

Total Staff Benefits $0 $693 $693 $693 $693 $693 Total Personal Services $0 $1,987 $1,987 $1,987 $1,987 $1,987

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A. Budget R e q u e s t S u m m a r y In September 2018, a comprehensive wildfire prevent ion and recovery package was enacted to st rengthen Cali fornia's ability to prevent and recover f rom catastrophic wildf ires. The bills make a number of changes to (1) remove barriers to facil i tate increases in the rate of forest health and fire prevention activit ies, (2) improve fire safety standards across the state, and (3) set more r igorous requirements for utility wildf ire mit igation plans and the maintenance and improvement of utility infrastructure. The 2019-20 Governor 's Budget proposes a total of $234.5 mill ion to implement the various requirements of the legislation and build the state's resi l ience to cl imate change-dr iven wildfire activity.

This proposal includes 15 posit ions and $3,483,000 ($1,483,000 General Fund and $2,000,000 Timber Regulat ion and Forest Restorat ion Fund) in 2019-20, $3,042,000 annual ly through 2023-24, and 1,042,000 annual ly thereafter to implement the new work load requirements mandated by SB 9 0 1 .

SB 901 increases the number of projects that improve forest health, vegetat ion management activit ies, and the f requency and scale of defensible space or fuel break projects. As a result, the Department of Fish and Wildl i fe (CDFW or Department) will see an increase in work load associated with environmental review and permitt ing projects, as well as an increase in policy deve lopment work load related to fire prevent ion issues.

SB 901 requires C D F W to review notices of exempt ion prior to the commencement of t imber operat ions to assess impacts to species or natural resource, areas of concern, and proper permitt ing. Exemptions submit ted under subdivision 4584(k) must be reviewed by C D F W to determine if permitt ing is required pursuant to Fish and Game Code Sect ion 1602 (known as the Lake or St reambed Alteration Program or LSA), the Cali fornia Endangered Species Act (CESA) , and/or the California Environmental Quality Act (CEQA) . SB 901 also requires the Department to work in consultat ion with the California Department of Forestry and Fire Protection (CAL FIRE) regarding compl iance, monitor ing, and reporting efforts related to post-harvest site inspect ions.

Per SB 9 0 1 , C D F W staff will be expected to participate in and at tend meet ings on fire prevention and vegetat ion t reatments as well as provide pre-project consultat ion and expert opinion on wildl i fe/ landscape issues, permit watershed restoration activit ies, and process permits pursuant to CESA and the Lake or St reambed Alterat ion Program.

B. Background/His tory The Department 's Timber land Conservat ion Program (TCP) reviews proposed t imber harvesting plans and exempt ions on private and state-owned land for consistency with the Forest Practice Act/Rules and the Fish and Game Code, including CESA. Whi le CAL FIRE is the lead agency for t imber harvesting activit ies, C D F W participates as an official review team agency and as a trustee agency as defined by CEQA. C D F W is also responsible for issuing regulatory authorizat ions such as CESA Incidental Take Permits ( ITP) and LSA Agreements if activit ies proposed in a t imber-harvest ing plan would result in impacts to resources within the Department 's statutory jur isdict ion. C D F W is funded to participate in the review of a port ion of the t imber harvest ing plan reviews and currently engages on prescribed burning projects in a l imited capacity.

CDFW's role as a review team agency, coinciding with other agencies (CAL FIRE, California Geological Survey, and State/Regional Water Quali ty Control Boards), is to review t imber harvesting plans for their conformance with the California Forest Practice Rules and to ensure potential adverse, significant impacts to the envi ronment are avoided or mit igated to less than significant. Registered Professional Foresters often consult with the Department regarding proposed stream crossings and water diversions and how to avoid or minimize signif icant impacts or take of special status species related to t imber operat ions.

Regardless of how t imber harvesting or vegetat ion management activit ies occur. Fish and Game Code Sect ion 1602 requires an entity to notify C D F W prior to commenc ing any activity that may "substantially divert or obstruct the natural f low of, or substantial ly change or use any material f rom the bed, channel, or bank of, any river, s t ream, or lake." C D F W reviews notif ications and determines whether a Lake or

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Streambed Alterat ion Agreement is necessary. Agreements outl ine measures to protect existing fish and wildl i fe resources.

CAL FIRE is currently working with the other review team agencies on the development of an interagency compl iance and effect iveness-monitor ing f ramework for all types of exempt ions and emergency notices. This has resulted in C D F W becoming more involved with "after-the-fact" monitor ing of the effects of operat ions under emergency and exempt ion not ices.

Currently, the T C P is engaging in most of the statewide fire policy and prevention issues that have ar isen in the last 3-5 years. However, staff part icipation in these important efforts are extremely limited as the T imber Regulat ion and Forest Restorat ion Fund (TRFRF) currently funds C D F W staff who are required to engage in the t imber harvesting review projects that are not exempt from the Forest Practice Act. These staff are not funded to work on fire prevent ion projects and are not able to fully engage in the consultat ion and compl iance and monitor ing of projects fi led as exempt ions to the Forest Practice Act. Fully engaging with CAL FIRE, the California Board of Forestry and Fire Protect ion, and local communi t ies on matters of fire prevention policy and activit ies is outside of the current funding structure of any C D F W program. The new statute represents an unfunded mandate for the Department.

In FY 2015-16, 2,475, exempt ion not ices were f i led, covering over 2.5 million acres, with CDFW staff conduct ing cursory reviews on 361 not ices. The new Smal l Landowner and Forest Fire Prevent ion Exempt ions as chaptered in SB 901 al low for the construct ion of temporary roads and the harvest of larger d iameter trees, which are new except ions to natural resource protections that are typical under other exempt ions. As expansion of exempt ions to the Forest Practice Act increase the number of acres treated each year and the potential for signif icant impacts, it is imperative that the Department participate to the fullest extent possible as the trustee agency for biological resources.

C . State Leve l Cons idera t ions SB 901 was chaptered on September 2 1 , 2018, wi th the goal of protecting communi t ies from wildf ires and cl imate impacts. SB 901 directs CAL FIRE, the California Natural Resources Agency, CDFW, the State and Regional Water Boards, and the Cali fornia Air Resources Board to work together to, among other things, reduce barriers to fuel reduct ion projects and to synchronize and expedite review of permits under the Forest Practice Act and related permit processing.

D. Just i f icat ion The f requency, magni tude, and seasonal i ty of f ires are increasing. It is important to al low for responsible management of state-owned and private landowner property and increase the pace and scale of f i re-prevention t reatments and projects. To contend with the "new normal" of catastrophic f ires in California, the Tree Mortality Task Force and Forest Management Task Force were establ ished. SB 901 is part of this bigger picture. As provided in SB 9 0 1 , the exempt ions to the Forest Practice Act, inter-department coordinat ion, consultat ion, and permitt ing eff iciencies will al low landowners to thin their forests to reduce fuel loads, thus potential ly reducing the size and magni tude of f ires. As trustee agency under CEQA for Cali fornia's f ish and wildlife resource and permitt ing agency for projects affecting these resources, C D F W is a key component of this matrix of laws and policies. Wi th appropr iate staffing levels and funding, C D F W will support projects moving forward at the necessary pace to help implement these important fire reduct ion projects.

CDFW's TCP is currently engaging in most of the statewide fire policy and prevent ion issues that have ar isen in the last 3-5 years. The T R F R F currently funds C D F W staff who are required to engage in the t imber harvesting review process in the state. Fully engaging with CAL FIRE, the California Board of Forestry and Fire Protect ion, and local communi t ies on matters of fire prevention policy and activities is outside of the current funding structure of any C D F W program.

This proposal identif ies two funding sources to help C D F W implement the mandates of SB 9 0 1 :

• T imber Regulat ions and Forest Restorat ion Fund • General Fund

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Timber Regulat ions and Forest Restorat ion Fund (TRFRF)

Positions to Support SB 901 (TRFRF)

Location Classification PY Task

Habitat Conservation Planning Brancti Sr. ES (Sup) 1

With the addition of fire related policy tasks and monitoring of exemptions to the Forest Practice Act, this position will assist the TCP Environmental Program Manager In supervising the expanded Timberland Conservation and Fire Prevention Program working on both Forestry and Fire-Prevention tasks.

Sr. ES Spec 1

This position will perform duties associated with coordinating and implementing tasks related to the monitoring of exemptions to the Forest Practice Act. In addition, the position will be the statewide lead and liaison to CAL FIRE in the development of the annual monitoring report to the Legislature

Northern Region Sr. ES Spec 2

Regional Implementation of tasks associated with SB 901. These tasks include providing pre-consultation for landowners using any exemption to the Forest Practice Act, expediting permits and or environmental review necessary for the implementation of fire-reduction projects and participating in the mandated monitoring of exemptions to the Forest Practice Act.

Office Technician 1

Complete Administrative duties associated with increased workload. These duties include data entry, preparation of correspondence, etc.

North Central Region Sr. ES Spec 2

Regional Implementation of tasks associated with SB 901. These tasks include providing pre-consultation for landowners using any exemption to the Forest Practice Act, expediting permits and or environmental review necessary for the implementation of fire-reduction projects and participating in the mandated monitoring of exemptions to the Forest Practice Act.

Bay Delta Region Sr. ES Spec 1

Regional implementation of tasks associated with SB 901. These tasks include providing pre-consultation for landowners using any exemption to the Forest Practice Act, expediting permits and or environmental review necessary for the implementation of fire-reduction projects and participating in the mandated monitoring of exemptions to the Forest Practice Act.

Central Region Sr. ES Spec 1

Regional implementation of tasks associated with SB 901. These tasks include providing pre-consultation for landowners using any exemption to the Forest Practice Act, expediting permits and or environmental review necessary for the implementation of fire-reduction projects and participating in the mandated monitoring of exemptions to the Forest Practice Act.

South Coast Region Sr. ES Spec 1

Regional implementation of tasks associated with SB 901. These tasks include providing pre-consultation for landowners using any exemption to the Forest Practice Act, expediting permits and or environmental review necessary for the implementation of fire-reduction projects and participating in the mandated monitoring of exemptions to the Forest Practice Act.

Inland Deserts Region Sr. ES Spec 1

Regional Implementation of tasks associated with SB 901. These tasks include providing pre-consultation for landowners using any exemption to the Forest Practice Act, expediting permits and or environmental review necessary for the implementation of fire-reduction projects and participating in the mandated monitoring of exemptions to the Forest Practice Act.

SB 901 establ ishes several areas that will have direct impacts to CDFW's TCP. Sect ion 13 of SB 901 establ ishes a T imber Harvest Plan exempt ion for Small T imber land Owners and modif ies the existing Forest Fire Prevent ion Exempt ion to al low for tree harvest ing to decrease fuel continuity and promote larger trees in forest stands.

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The Smal l T imber land Owner Exempt ion al lows these landowners to complete fuel reduction activities on their lands wi thout having to complete a t imely and expensive t imber-harvest ing plan. This will al low smal l landowners to respond to price sensit ive market condit ions. C D F W contends that landowners sustainably managing their lands is preferable to conversion of the lands to other uses; however, managing forest lands can still have impacts on natural resources, and C D F W needs to be adequately staffed in order to enable review of exempt ions.

The Forest Fire Prevent ion Exempt ion now allows for the construct ion of temporary roads and the removal of relatively large trees for the purpose of managing forest stands to reduce fires. Road construct ion and the removal of large trees are areas where the potential for signif icant effects to natural resources could occur, and part icipation by C D F W in the planning for such projects is highly desirable.

The current program that monitors emergencies and exempt ions f rom the Forest Practice Rules, led by CAL FIRE, is expanded under Sect ion 16 to include the two new exempt ions and now requires annual report ing on the progress of the monitor ing program. It is critical that C D F W staff be able to participate in this monitor ing effort to evaluate natural resource impacts. CAL FIRE lead a pilot project in FY 2018-19 to implement an exempt ion monitor ing protocol and conduct the monitor ing on a total of 50 filed exempt ions. 42 out of 50 sites had site visits; C D F W staff were only able to attend approximately 7 5 % of the 42 site visits due to confl icts in schedul ing and other program priorities such as the review and permitt ing of t imber harvest ing plans. W h e n site visits were at tended, regional part icipation was limited and supplemented by Habitat Conservat ion Planning Branch staff. Addit ional staff is necessary for CDFW to fully engage in the monitor ing effort.

The new statute gives C D F W a short t ime window to review a notice of exempt ion prior to the commencemen t of operat ions to assess for species or natural resource impacts, areas of concern, and proper permitt ing. Exempt ions submit ted under subdivision 4584(k) could still require permits pursuant Fish and G a m e Code Section 1602. This potential increase in work load would require additional staff t ime and resources within CDFW. The statute also states that CAL FIRE shall conduct post-harvest site inspect ions and C D F W shall work in consultat ion with CAL FIRE with regard to compl iance, monitor ing, and report ing efforts. As the trustee agency for natural resources, it is important that C D F W participate in post-harvest monitor ing activit ies a longside CAL FIRE staff.

C D F W does not currently have the capaci ty to engage in the review of all emergenc ies and exempt ions. The addit ion of two new types of exempt ions that could have the potential to impact the State's f ish and wildl i fe resources (which C D F W holds in trust for the cit izens of Cali fornia), would increase the suite of tasks that C D F W is mandated to complete. The Z'berg-Nejedly Forest Practice Act calls on CDFW to be part of an efficient, col laborat ive review team required to meet statutory and regulatory t imelines necessary for landowners to complete t imber harvesting on their lands. The augmentat ion of staff would al low the Depar tment to cont inue to meet its current obl igat ions and the new mandates created under SB 9 0 1 . Failure to augment C D F W staff would create a situation where the Department would be required to choose between priorit ies, causing potential delays and impacts to the State's f ish and wildlife resources.

General Fund

Work detai led in SB 901 requires Department staff to at tend, part icipate in, and coordinate meet ings, consult on fire prevent ion and vegetat ion treatments, provide expert opinion on wi ldl i fe/ landscape issues, permit watershed restoration activit ies, and process permits pursuant to CESA and Fish and Game Code sect ion 1602. Whi le these fire and safety projects occur in forested and non-forested landscapes, they are not conducted pursuant to the Forest Practice Act and may not result in merchantable t imber subject to the TRFRF .

P A G E S

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Posit ions to Support S B 901 (General Fund)

Location Classification PY Task

Habitat Conservation Planning Branch

Sr. ES Spec 1

This position will be tasked with leading the Department's response to the Board of Forestry and Fire Protection in the development of regulations for fuel breaks and greenbelts, Including measures to preserve undeveloped ridgelines for fire protection. Staff would will actively participate in the Board of Forestry's rulemaking process by attending monthly Board and committee meetings, reviewing proposed documents and changes, providing technical assistance, and feedback and comment on those documents and changes. Assist as part of the Wildfire Resilience Program development group.

Northern Region Sr. ES Spec 1

Regional implementation of tasks associated with SB 901. These tasks include participation in the Forest Management Task Force Working Groups, consultation, environmental review, and permitting of proposed fire-reduction projects including prescribed burns and vegetation thinning In non-forested landscapes. Participation in the review of public and private utility wildfire mitigation plans to assess the impacts on biological resources. Participate with projects as proposed by the Wildfire Resilience Program.

North Central Region Sr. ES Spec 1

Regional Implementation of tasks associated with SB 901. These tasks Include participation In the Forest Management Task Force Working Groups, consultation, environmental review, and permitting of proposed fire-reduction projects including prescribed burns and vegetation thinning In non-forested landscapes. Participation In the review of public and private utility wildfire mitigation plans to assess the impacts on biological resources. Participate with projects as proposed by the Wildfire Resilience Program.

Bay Delta Region Sr. ES Spec 1

Regional implementation of tasks associated with SB 901. These tasks include participation in the Forest Management Task Force Working Groups, consultation, environmental review, and permitting of proposed fire-reduction projects including prescribed burns and vegetation thinning in non-forested landscapes. Participation In the review of public and private utility wildfire mitigation plans to assess the impacts on biological resources. Participate with projects as proposed by the Wildfire Resilience Program.

There are various sect ions of SB 9 0 1 , which create programs or mandate programs in support of the deve lopment and implementat ion of f i re-prevention projects. Sect ion 2 of SB 901 requires conservat ion easements for forested lands purchased with state funds to maintain and improve forest health as part of the easement management plan. These project or plan documents would require comment or review by C D F W staff as well as potentially increasing the pace and scale of vegetat ion management and t imber management projects on conservat ion easement land requiring addit ional Department review.

Sect ion 5 creates the Wildf ire Resi l ience Program in order to provide technical assistance to nonindustrial t imber land owners on wildfire mit igat ion. This program aims to make complet ion of fuels reduction and forest health t reatments more accessible to nonindustr ial t imber land owners. CDFW staff would assist CAL FIRE and other partners in providing technical gu idance, project review, permitt ing support, and educat ion and outreach about fuels and forest management . C D F W would require staff with technical background in watershed, fire, and forest management to effectively assist landowners.

Sect ion 9 mandates periodic updates by the California Board of Forestry and Fire Prevention to regulat ions for fuel breaks and greenbel ts, including measures to preserve undeveloped ridgelines for fire protect ion. Staff would be needed to actively part icipate in the Board of Forestry's rulemaking process by at tending monthly Board and commit tee meet ings, reviewing proposed documents and changes, providing technical assistance, and feedback and comment on those documents and changes.

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Sect ions 23 and 24 establ ish an exempt ion f rom C E Q A for those projects carr ied out by non-federal entit ies on federal lands where a NEPA document is avai lable. However, the Sect ions 23 and 24 do not exempt the non-federal entity f rom comply ing with all other State statutes and regulat ions

Sect ions 38 and 41 require electr ical corporat ions, local publicly owned electric utilities, and electrical cooperat ives to annual ly prepare and submit a wildfire mit igation plan to the Public Utility Commiss ion for review. The wildfire mit igat ion plans are avai lable for public review and comment prior to Commiss ion approval . C D F W staff will part icipate in reviewing these wildfire mitigation plans and their potential impacts on biological resources.

Local entit ies and private landowners do not have the technical expert ise or resources to address landscape scale forest management for f ire prevent ion. Statewide coordinat ion is essential for long-term decreases in the size and intensity of wildf ires. C D F W does not currently have adequate staff to manage addit ional site visits, meet ings, work ing group part icipation, interagency coordinat ion, and project and plan review. Addit ional Senior Envi ronmental Scientists (Special ist) would be able to address this addit ional work load without impact ing the eff iciency of T imber Harvest Plan review and other mandated Department tasks. As the trustee agency for California's f ish and wildl i fe resources, it is important that C D F W fully part icipate in the mandates of this bill. Wi thout addit ional staff, current Department responsibi l i t ies would be negatively impacted.

E . O u t c o m e s and Accountabi l i ty The new permanent staff are necessary to implement the requirements imposed by SB 9 0 1 , including, but not l imited to:

• Track ing, reviewing, and comment ing on the use of exempt ions to T imber Harvest Plan requirements

• Consult ing with CAL FIRE on Not ices of Exempt ion • Reviewing exempt ions and making determinat ions for potential CEQA, Incidental Take Permits

(ITP), and LSA requirements

• Facil itating expedited CEQA, ITP, and LSA permitt ing, when appropriate

• Conduct ing on-site inspect ions pursuant to the Small T imber land Qwner and the Forest Fire Prevention Exempt ions.

• Consult ing with CAL FIRE to produce an annual report to the legislature on the number and type of violations and enforcement act ions taken on each notice of exempt ion and emergency notice, among other things.

C D F W is currently staffed to part icipate in T imber Harvest Plan review and associated permitt ing. It does not have the capacity to conduct on-site inspect ions and pre-project consultat ions for exempt ions. Current C D F W staff do not have the capaci ty to attend exempt ion inspections. For reference, CAL FIRE reported they reviewed 2,475 Exempt ion Notices and conducted 4,191 Compl iance Inspections in FY 2015-16. Whi le C D F W may not be involved in all of these Notices or Inspections, the Department is not currently staffed to participate in any of these Notices or Inspections.

F. A n a l y s i s of All Feas ib le Alternat ives

Alternative 1: Approve $3,483,000 and 15 posit ions beginning in FY 2019-20.

Advantages: • Ensures compl iance with state law (SB 901 and AB 1492). • Provides accurate data on the use of and compl iance with the effect iveness of exempt ions and

emergencies under the Forest Pract ice Act.

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• Provides addit ional Depar tment staff to engage in the review of exempt ions under the Forest Practice Act prior to implementat ion to ensure project proponents are not adversely impact ing f ish and wildlife resources.

• Provides addit ional Depar tment staff to expedite and process permit requests necessary for landowners to implement fire reduct ion projects as descr ibed with the Fire Prevent ion Exempt ion, and for the implementat ion of other fire prevention projects both on t imber and on non-t imbered landscapes.

• Ensures compl iance with C E Q A requirements for preparat ion of records of proceedings. • Ensures Department part icipation in the Forest Management Task Force. • Ensures C D F W part icipation in the development of fire related policy and regulations as

determined by the Cali fornia Board of Forestry and Fire Protect ion. • Provides addit ional C D F W staff to review proposed f ire-prevention related vegetat ion

maintenance projects in our role as Trustee Agency for Biological Resources.

Disadvantages: • Results in addit ional ongoing General Fund costs. • Results in less T R F R F avai lable for other programs.

Alternative 2: Approve half of the requested funding ($1.7 mil l ion) and 8 posit ions beginning FY 2019-20 and ongoing.

Advantages: • Addit ional T R F R F and General Fund available to other resources. • Provides addit ional Depar tment staff to engage in the review of exempt ions under the Forest

Practice Act, expedite and process permit requests necessary for landowners to implement fire reduct ion projects as descr ibed with the Fire Prevention Exempt ion, and for review of proposed f i re-prevention related vegetat ion maintenance projects.

• Increases compl iance with C E Q A requirements.

Disadvantages: • This alternative does not ful ly fund or address the needs of the Department. • This alternative does not ful ly support Department compl iance with state law (SB 901 and AB

1492); either Department staff will not engage with all the tasks as provided in SB 901 or if deemed a higher priority, exist ing staff will have to be re-directed, result ing in the non-compl iance with the permitt ing and review of T imber Harvest Plans, as required by AB 1492.

• This alternative does not provide sufficient staff to expedite and process permit requests necessary for landowners to implement fuel reduction projects as descr ibed with the Fire Prevent ion Exempt ion, and for the implementat ion of other fire prevention projects both on t imber and on non-t imbered landscapes. If the Department cannot act to expedite environmental review and permitt ing of f i re-prevent ion projects, the Department will be portrayed as a road-block to the implementat ion of public safety projects.

• This alternative does not provide the Department sufficient staff to engage in the review of exempt ions under the Forest Practice Act prior to implementat ion to ensure project proponents are not adversely impact ing f ish and wildlife resources.

P A G E S

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A n a l y s i s of Problem

Alternative 3: Redirect exist ing staff to meet the requirements set forth in SB 9 0 1 .

Advantages: • No increase in costs

Disadvantages: • This alternative would not address the needs of the Department . • This alternative does not support Department compl iance with state law (SB 901 and AB 1492);

either Department staff will not engage at all wi th the tasks as provided in SB 9 0 1 , or if deemed a higher priority, exist ing staff will have to be re-directed, result ing in the non-compl iance with the permitt ing and review of T imber Harvest Plans as required in A B 1492.

• This alternative does not provide addit ional staff to expedite and process permit requests necessary for landowners to implement fire reduction projects as descr ibed with the Fire Prevent ion Exempt ion, and for the implementat ion of other fire prevent ion projects both on t imber and non-t imbered landscapes. If the Department cannot act to expedite environmental review and permitt ing of f i re-prevention projects, the Department will be portrayed as a road-block to the implementat ion of public safety projects.

• This alternative does not provide addit ional staff to engage in the review of exempt ions under the Forest Practice Act prior to implementat ion to ensure project proponents are not adversely impact ing fish and wildlife resources

G . Implementation Plan Implementat ion of the proposal would begin July 1,2019, and/or upon approval of the FY 2019-20 Budget Act.

H. Supplementa l Information Part of the proposal consists of one-t ime funding to purchase 7 vehicles for the new staff. Vehicles with off-road capabil i t ies are necessary because staff require f requent field visits in four-wheel-dr ive vehicles with adequate ground clearance. C D F W does not have exist ing vehicles to redirect for addit ional staff.

C D F W will house new staff within existing Regional and Headquarters office spaces. Furniture within exist ing office spaces will be evaluated to ensure an appropr iate and ergonomic workspace; therefore, addit ional furni ture may be purchased. C D F W will need to purchase computer/ laptops, monitors, and peripherals for each new staff person. There is also a need to purchase field suppl ies including digital cameras, GPS units, binoculars, etc.

I. Recommendat ion Approve Alternat ive 1 as requested, 15 posit ions and $3,483,000 ($1,483,000 General Fund and $2,000,000 T imber Regulat ion and Forest Restorat ion Fund) in FY 2019-20, $3,042,000 annually through 2023-24, and 1,042,000 annual ly thereafter to address work load associated with implementat ion of Chapter 626, Statutes of 2018 (SB 901).

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