BILL ANALYSIS
AB 1252
Page 1
Date of Hearing: April 27, 2009
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Nancy Skinner, Chair
AB 1252 (Portantino) - As Amended: April 13, 2009
SUBJECT : Forestry: timber harvest plans
SUMMARY : Requires the California Department of Forestry (CDF),
before July 1, 2010, to establish a uniform database on the
Internet containing timber harvest plans (THPs) and
nonindustrial timber management plans (NTMPs) submitted to CDF.
Before January 1, 2011, CDF must post past THPs.
EXISTING LAW :
1)Requires CDF, upon receipt of a THP, to send a copy, to be
made available for public inspection, to the county in which
timber operations are proposed.
2)Requires CDF to provide notice that a THP has been filed to
any person who requests such notification in writing.
3)Provides a 15 day public comment period on a THP if CDF
determines that an inspection of the proposed harvest area is
not necessary. If an inspection is necessary, the public
comment period is 30 days. Both comment periods commence when
a THP is deemed "filed," which occurs when CDF determines the
THP is accurate, complete, and in proper order.
THIS BILL :
1)Requires CDF, on or before July 1, 2010, to establish a
uniform database on the Internet containing THPs and NTMPs
submitted to CDF for logging projects proposed to be conducted
on nonfederal and private land in the state.
2)Requires CDF to design the database to allow the public to
focus a search of the database according to a geographical
region, affected watershed, or other parameters that CDF
determines useful.
3)Provides that, on and after July 1, 2010, the 15-day comment
period required pursuant to Section 4582.7 must not commence
until the complete THP, including suggested mitigation methods
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from relevant agencies and departments, has been posted
pursuant to this section.
4)Requires CDF, on or before January 1, 2011, to post past THPs
on the Internet to allow the public to focus a search of CDF's
database according to a geographical region, affected
watershed, or other parameter that CDF determines useful.
COMMENTS : According to the author's office, this bill is
necessary to advance "California's policy interest of public
participation in resource management governance. Greater public
access to THP/NTMP information will better inform local
communities of the environmental hazards a given timber
operation may pose." Moreover, the author argues that online
posting of THPs is necessary considering short THP notice
requirements, remote and limited locations to review THP
documents (CDF's regional offices are in Santa Rosa, Redding,
and Fresno), costly reproduction costs, and an inability to
review THP amendments.
1)Public notification requirements must be "functionally
equivalent" to those under EIRs
Pursuant to CEQA, the Secretary of Natural Resources has
certified THPs to be a "functional-equivalent" to an
environmental impact report. In order to be eligible for
certification, the Secretary must find that a regulatory program
contains notification requirements that provide a person
requesting notification with sufficient time to review and
comment on, in this case, a THP, and that the THP is available
for a reasonable time for review and comment by other public
agencies and the general public.
Many in the environmental community have complained that the
current 15-day period (not accounting for delivery time) does
not allow adequate time for sufficient public review. A 1994
Little Hoover Commission report recommended that the review time
be extended and that the public be alerted when THPs are
amended. Additionally, the report suggested that the public be
noticed when a THP is first submitted (rather than when it is
accepted for filing) and then notified again when it is
forwarded to CDF for approval after review by relevant agencies.
2)CDF's online THP pilot program: 2005-2008
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In 2005, CDF initiated an online THP pilot program, posting THPs
and NTMPs from the north coast region, to, according to CDF,
"streamline and improve efficiency" and reduce the number of
THPs mailed to interested parties. CDF also posts various
notices (Intent to Harvest, Preparation, Submission) in summary
format on a weekly basis, agency review team questions and
applicant responses, THP review status and approval or denial
decisions, and other related documents. Clearly, this is a
concerted effort to increase THP accessibility and transparency
of the review process. In fact, CDF has concluded that the
pilot program met and exceeded all its goals and, as of January
2009, has posted THPs and the above information for all its
regions. This information dates back to 2005 for the north
coast region but only to 2008 for the other two regions.
However, CDF's Web interface is a "user-unfriendly"
file-transfer protocol technology (instead of a graphic
interface) with document naming conventions that are
unintelligible to the uninitiated without explanation (e.g.,
section 1 of a THP is listed as 20050922_1-04-036SON_Resubsec1).
This should not come as a surprise since, according to CDF, the
pilot program was intended to "streamline and improve
efficiency" for state agencies, not necessarily the public.
1)Suggested amendments
This bill seeks to codify and enhance CDF's pilot program in
several ways, including adding a search function to the
database. The bill also provides that a 15-day public comment
period must not commence until the complete THP, including
agency-recommended mitigation measures, has been posted. Public
comment periods generally apply equally to interested agencies
and the public. This bill may inadvertently give an agency more
time than the public to comment. Existing law does not compel
agencies such a regional water quality control board or
Department of Fish and Game to comment on or recommend
mitigation measures for a THP. Thus, this provision could
inadvertently extend a comment period indefinitely if an agency
chose not to comment or is unable to recommend such measures.
Finally, this bill requires CDF to post previous THPs by January
2011 without limitation. Between 1997 and 2004, 760 THPs, on
average, have been submitted. This would be a tremendous task
without additional resources. The author and committee may wish
to amend the bill to address these and other issues, as
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suggested below:
4592.5. (a) On or before July 1, 2010, the department shall
establish a uniform database on its the Internet Web site
containing timber harvest plans and nonindustrial timber
management plans submitted to the department for logging
projects proposed to be conducted on nonfederal and private land
in the state in order to streamline public notification
requirements and allow the public sufficient time to review and
comment on these plans . The department shall also post any
comment letter, including suggested mitigation measures, on a
plan identified in subdivision (a) from relevant state agencies
or departments no later than seven days after receipt.
(b) The department shall design the database using a
user-friendly graphic interface. The database shall be
searchable to allow the public to focus a search of the database
according to a geographical region, affected watershed, and or
other parameter s that the department determines useful to the
public .
(c) On and after July 1, 2010, the 15-day comment period
required pursuant to Section 4582.7 shall not commence until the
complete timber harvest ing plan and nonindustrial timber
management plan , including suggested mitigation methods from
relevant agencies and departments, has been posted pursuant to
this section.
(d) On or before January 1, 2011, the department shall post past
timber harvest plans dating back to those approved in 2005 for
all regions on the its Internet Web site to allow the public to
focus a search of the department's database according to a
geographical region, affected watershed, and or other parameter
that the department determines useful. By January 1, 2012, CDF
shall report the Legislature on the feasibility of posting THPs
approved in 2004 and later.
2)Previous legislation
SB 744 (Kuehl, 2006) required the Board of Forestry to adopt
regulations requiring THPs to be made available on the Internet.
The Governor vetoed the bill citing the development of CDF's
pilot program.
REGISTERED SUPPORT / OPPOSITION :
AB 1252
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Support
Defenders of Wildlife
Forests Forever (sponsor)
Opposition
None on file
Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092