BILL NUMBER: AB 1504 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Skinner
FEBRUARY 27, 2009
An act to amend Sections 4512, 4513, 4551, 4551.3, and 4582 of,
and to add Section 4512.5 to, the Public Resources Code, relating to
forest resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 1504, as introduced, Skinner. Forest resources: carbon
sequestration.
(1) The Z'berg-Nejedly Forest Practice Act of 1973, which
regulates timber harvesting, contains legislative findings and
declarations relative to forest resources, including a declaration
that it is the policy of the state to encourage prudent and
responsible forest resource management calculated to serve the public'
s need for timber and other forest products, while giving
consideration to other specified public needs. The act also states
the Legislature's intent to create and maintain an effective and
comprehensive system of regulation and use of all timberlands to
assure that the goal of maximum sustained production of high quality
timber products is achieved while giving consideration to specified
values. A willful violation of the act is a crime.
This bill would include in that list of specified public needs and
that list of specified values sequestration of carbon dioxide. The
bill also would make other legislative findings and declarations
relative to carbon dioxide sequestration as it relates to forests.
(2) The act requires the State Board of Forestry and Fire
Protection to adopt district forest practice rules and regulations
for each forest district. A willful violation of the board's rules or
regulations is a crime.
This bill would require the board to ensure that its rules and
regulations governing the harvesting of commercial forest tree
species maximize, to the extent feasible, the capacity of forest
resources to sequester carbon dioxide emissions.
(3) The act requires a sustained yield plan that is prepared and
approved in accordance with specified rules and regulations of the
board to be effective for a period of no more than 10 years.
This bill would require the plan to contain strategies or measures
to mitigate or avoid, to the maximum extent feasible, carbon dioxide
emissions from the harvest of commercial forest tree species.
(4) The act prohibits a person from conducting timber operations
unless a timber harvesting plan prepared by a registered professional
forester has been submitted for the timber operations to the
Department of Forestry and Fire Protection, and approved. The act
requires a timber harvesting plan to include specified information.
This bill additionally would require the timber harvesting plan to
include a description of strategies or measures to mitigate or
avoid, to the maximum extent feasible, carbon dioxide emissions from
timber operations.
(5) The bill would state the Legislature's intent to enact
legislation to impose a timber yield fee upon harvested timber
sufficient to cover the costs of the department to administer the
act.
(6) Because a willful violation of the bill's provisions, or a
rule or regulation adopted by the board pursuant to the bill, would
be a crime, the bill would impose a state-mandated local program.
(7) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4512 of the Public Resources Code is amended to
read:
4512. (a) The Legislature hereby finds and declares that the
forest resources and timberlands of the state are among the most
valuable of the natural resources of the state and that there is
great concern throughout the state relating to their utilization,
restoration, and protection.
(b) The Legislature further finds and declares that the forest
resources and timberlands of the state furnish high-quality timber,
recreational opportunities, and aesthetic enjoyment while providing
watershed protection and maintaining fisheries and wildlife.
(c) The Legislature thus declares that it is the policy of this
state to encourage prudent and 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, sequestration of
carbon dioxide, and recreational opportunities alike in this
and future generations.
(d) It is not the intent of the Legislature by the enactment of
this chapter to take private property for public use without payment
of just compensation in violation of the California and United States
Constitutions.
SEC. 2. Section 4512.5 is added to the Public Resources Code, to
read:
4512.5. The Legislature finds and declares all of the following:
(a) State forests play a critical and unique role in the state's
carbon balance by removing carbon dioxide from the atmosphere and
storing it long-term as carbon.
(b) Forests are the second largest source of carbon dioxide
emissions globally, and also are the most expandable long-term carbon
dioxide sink.
(c) Carbon dioxide emissions from forests are primarily due to the
loss of trees to harvest or converting forests to development or
agriculture.
(d) According to the scoping plan adopted by the State Air
Resources Board, the state's forests currently are an annual net
sequester of five million metric tons of carbon dioxide (5MMTCO2).
(e) The scoping plan proposes to maintain the current 5MMTCO2
sequestration rate through 2020 by implementing "sustainable
management practices," which currently remain undefined.
(f) There is increasing evidence that climate change has and will
continue to stress forest ecosystems, which underscores the
importance of proactively managing forests so that they can adapt to
these stressors and remain a net sequester of carbon dioxide.
(g) The board, the department, and the State Air Resources Board
should strive to go beyond the status quo sequestration rate and
ensure that all of their policies and regulations reflect the unique
role forests play in combating climate change.
SEC. 3. Section 4513 of the Public Resources Code is amended to
read:
4513. It is the intent of the Legislature to create and maintain
an effective and comprehensive system of regulation and use of all
timberlands so as to assure that both of the
following :
(a) Where feasible, the productivity of timberlands is restored,
enhanced, and maintained.
(b) The goal of maximum sustained production of high-quality
timber products is achieved while giving consideration to values
relating to sequestration of carbon dioxide, recreation,
watershed, wildlife, range and forage, fisheries, regional economic
vitality, employment, and aesthetic enjoyment.
SEC. 4. Section 4551 of the Public Resources Code is amended to
read:
4551. (a) The board shall adopt district
forest practice rules and regulations for each district in accordance
with the policies set forth in Article 1 (commencing with Section
4511) of this chapter and pursuant to Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code to assure the continuous growing and harvesting of commercial
forest tree species and to protect the soil, air, fish, and
wildlife, and water resources, including, but not limited
to, streams, lakes, and estuaries.
(b) The board shall ensure that its rules and regulations
governing the harvesting of commercial forest tree species maximize,
to the extent feasible, the capacity of forest resources, including
aboveground and belowground biomass and soil, to sequester carbon
dioxide emissions.
SEC. 5. Section 4551.3 of the Public Resources Code is amended to
read:
4551.3. (a) A sustained yield plan that is prepared and approved
in accordance with rules and regulations adopted by the board
pursuant to Section 4551, including Article 6.75 (commencing with
Section 1091.1) of Subchapter 7 of Chapter 4 of Division 1.5 of Title
14 of the California Code of Regulations, shall be effective for a
period of no more than 10 years. The p lan shall
contain strategies or measures to mitigate or avoid, to the maximum
extent feasible, carbon dioxide emissions from the harvest of
commercial forest tree species, including emissions associated with
the disturbance to aboveground and belowground biomass and soil.
(b) As part of the continuing monitoring process for an approved
sustained yield plan, as described in subdivision (a), the department
shall hold a public hearing on the plan if requested by an
interested party who submits, in writing, a request based on
substantial evidence of potential noncompliance with any of the
following:
(1) The terms and conditions of the original sustained yield plan
approval.
(2) The applicable provisions of the rules or regulations adopted
by the board that were in effect on the date the sustained yield plan
was originally approved.
(3) Other requirements that have been imposed on the sustained
yield plan by operation of law.
(c) The request shall identify specific issues in the plan to be
addressed at the public hearing. To be considered, a request shall be
made to the department within six months after the midpoint of the
effective term of a sustained yield plan described in subdivision
(a). The department shall hold the public hearing within 120 days
after the date of the close of the six-month request period. A
sustained yield plan shall be effective for the remainder of its term
unless the director makes written findings, based on a preponderance
of evidence, that implementation of the sustained yield plan is not
in compliance with any a material
provision of paragraph (1), (2), or (3) of subdivision (b) .
(d) If a public hearing is required, the director shall provide at
least 30 days' notice to the plan submitter and the public and shall
provide for a record of the hearing, pursuant to regulations adopted
by the board.
SEC. 6. Section 4582 of the Public Resources Code is amended to
read:
4582. The timber harvesting plan shall be filed with the
department in writing by a person who owns, leases, or otherwise
controls or operates on all or any a
portion of any timberland and who plans to harvest the timber
thereon. If the person who files the plan is not the owner of the
timberland, the person filing the plan shall notify the timberland
owner by certified mail that the plan has been submitted and shall
certify that mailing to the department. The plan shall be a public
record and shall include all of the following information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator if known at the
time of filing. If the timber operator is not known at the time of
filing, the plan submitter shall notify the department as soon as the
timber operator is known, but in any case before timber operations
begin.
(c) A description of the land on which the work is proposed to be
done, including a United States Geological Survey quadrangle map or
equivalent indicating the location of all streams, the location of
all proposed and existing logging truck roads, and indicating
boundaries of all site I classification timberlands to be stocked in
accordance with subdivision (b) of Section 4561 and any other site
classifications if the board establishes specific minimum stocking
standards for other site classifications.
(d) A description of the silvicultural methods to be applied,
including the type of logging equipment to be used.
(e) An outline of the methods to be used to avoid excessive
accelerated erosion from timber operations to be conducted within the
proximity of a stream.
(f) A description of strategies or measures to mitigate or avoid,
to the maximum extent feasible, carbon dioxide emissions from timber
operations, including the harvest of commercial forest tree species,
and those associated with the disturbance to aboveground and
belowground biomass and soil.
(f)
(g) Special provisions, if any, to protect any unique
area within the area of timber operations.
(g)
(h) The expected dates of commencement and completion
of timber operations.
(h)
(i) A certification by the registered professional
forester preparing the plan that he or she or a designee has
personally inspected the plan area.
(i)
(j) Any other information the board provides by
regulation to meet its rules and the standards of this chapter.
(j) This section shall become operative on January 1, 1996.
SEC. 7. The Legislature intends to enact legislation to impose a
timber yield fee upon harvested timber sufficient to cover the costs
of the Department of Forestry and Fire Protection to administer the Z'
Berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with
Section 4511) of Part 2 of Division 4 of the Public Resources Code).
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.