Heritage Tree Preservation Act is now making it's way through the California Legislature

BILL NUMBER: SB 1799 INTRODUCED

INTRODUCED BY Senator Perata

FEBRUARY 24, 2006

An act to add Article 7.6 (commencing with Section 4595) to
Chapter 8 of Part 2 of Division 4 of the Public Resources Code,
relating to forest resources.



LEGISLATIVE COUNSEL'S DIGEST


SB 1799, as introduced, Perata Forest resources: heritage trees.
(1) Existing law contains various provisions designed to encourage
responsible forest resource management calculated to serve the
public's need for timber and other forest products, while giving
consideration to the public's need for watershed protection,
fisheries and wildlife, and recreational opportunities.
This bill would enact the Heritage Tree Preservation Act to
prohibit (1) cutting or causing a substantial probability of
significant harm to any heritage tree, as defined, in this state, (2)
using a heritage tree, as defined, in a manner that significantly
harms a heritage tree, and (3) cutting a heritage tree pursuant to
certain statutory and regulatory exemptions. The act would prohibit
the State Board of Forestry and Fire Protection from adopting any
regulation that requires or authorizes the cutting of, or significant
harm to, a heritage tree.




Article 7.6. Heritage Tree Preservation Act

4595. This article shall be known, and may be cited as, the
Heritage Tree Preservation Act.
4595.1. The Legislature finds and declares all of the following:

(a) Most of California's original old-growth forests have been cut
down.
(b) Currently, no state or federal statute bans the cutting of
most old-growth trees in the state of California.
(c) California's remaining old-growth trees are a unique natural
treasure. California tree species include the tallest, largest, and
some of the oldest living things on Earth. Some California tree
species live to be thousands of years old.
(d) Numerous threatened and endangered species depend upon ancient
and old-growth trees for their survival.
(e) Old-growth trees and mature forests store more carbon, a
component of the greenhouse gas, carbon dioxide, than young trees and
tree plantations do. Some California old-growth forests sequester
more carbon than any other forest type on Earth, reducing global
warming from industrial and other emissions.
(f) Most of California's surface water originates in forested
areas.
(g) Old-growth forests are a rare and threatened forest type.
Individual old-growth trees are building blocks for restoring natural
forest structure and maintaining ecological diversity.
(h) People from all over the world come to California to see our
heritage of ancient trees, which benefits the economy of California.

(i) Whenever appropriate funding sources are available,
acquisition of old-growth forests from willing sellers should be a
priority for the Wildlife Conservation Board, Department of Parks and
Recreation, State Coastal Conservancy, California Tahoe Conservancy,
and other public agencies with land conservation responsibilities,
so that they may be protected for their environmental, recreational,
educational, and aesthetic values and for the enjoyment and
appreciation of present and future generations of residents and
visitors.
(j) Each old-growth tree, living since before statehood, has
aesthetic and historic significance, often providing significant
benefits to land, air, water, flora, fauna, and noise reduction.
(k) The preservation and maintenance of old-growth trees, native
vegetation, and wildlife on forestland provide a biologic reserve,
and provide benefits to the biological diversity, resilience, and
productivity of forestland.
(l) The risk of severe fires is increased by removing large,
fire-resistant, old-growth trees from the forest, because those trees
shade out flammable undergrowth and preserve moisture in the forest.

(m) The preservation of heritage trees and biologic reserves is a
compatible use in timberland production zones within the meaning of
subdivision (h) of Section 51104 of the Government Code.
(n) The people of the state of California encourage counties and
cities across the state to preserve old-growth trees within their
jurisdictions.
(o) The people of the state of California request that Congress,
all federal agencies, and federal land managers extend at least the
same protections to old-growth trees on federal lands in California
that this measure extends to old-growth trees on nonfederal land.
(p) The loss of the last of California's old-growth heritage is
not sustainable.
4595.2. It is the intent of the Legislature that this article be
construed in accordance with the following primary objectives:
(a) To protect old-growth trees in the state of California, in the
interest of heritage preservation and ecosystem conservation, for
the benefit of present and future generations.
(b) To maintain the ability of ancient and old-growth trees to
sequester carbon, thereby helping to avoid an increase in the level
of greenhouse gases in the atmosphere.
(c) To maintain the ability of ancient and old-growth trees to
transpire water and to provide shade and large woody debris to
streams, rivers, and creeks.
(d) To provide habitat for endangered and threatened wildlife
species that are dependent on or associated with old-growth trees.
(e) To encourage, as appropriate, the retention of old, large,
dead, dying, or deteriorating trees that provide necessary habitat
for wildlife and nutrients essential for forest health, and retain
moisture that enhances water quality and quantity.
(f) To ensure that timber operations and other operations near
heritage trees are modified and conducted to be consistent with this
article and to protect the integrity of the heritage trees.
4595.3. The following definitions apply to this article:
(a) "Emergency" means a sudden, unexpected occurrence demanding
immediate action to prevent or mitigate loss of, or damage to, life,
health, property, or essential public services. "Emergency" may
include fire, flood, earthquake, or other soil or geologic movements,
as well as riot, accident, or sabotage.
(b) "Forestland" means land, other than land owned by the federal
government, that was, as of the effective date of this section,
available for and capable of growing a crop of trees of commercial
species used to produce lumber and other forest products, including
Christmas trees. Commercial species are those species so designated
by the board.
(c) (1) "Heritage tree" means an old-growth tree on forestland,
and listed in paragraph (2), that has at least the minimum diameter
at stump height, measured outside the bark, as specified in paragraph
(2) for that species. "Heritage tree" means all stems of
multistemmed trees on forestland, and listed in paragraph (2), that
have a stem that is an old-growth tree and for which the sum of the
cross-sectional areas of all of the stems at stump height, measured
outside the bark, is equal to or greater than the area of a circle
with the diameter specified in paragraph (2) for that species. For
Coast redwood, a multistemmed tree includes only those stems that are
cojoined at the surface of the bark at stump height.
(2) The minimum diameter at stump height is the following for the
following tree species:
(A) Coast redwood: 42 inches.
(B) California Red fir: 40 inches.
(C) Douglas-fir: 40 inches.
(D) Grand fir: 32 inches.
(E) Giant sequoia or sierra redwood: 50 inches.
(F) Hardwoods: 28 inches.
(G) Incense-cedar: 40 inches.
(H) Monterey pine: 36 inches.
(I) Port Orford cedar: 28 inches.
(J) Jeffrey pine: 36 inches.
(K) Lodgepole pine: 28 inches.
(L) Ponderosa pine: 34 inches.
(M) Sugar pine: 40 inches.
(N) Western Juniper: 40 inches.
(O) Western White pine: 32 inches.
(P) White fir: 44 inches.