BILL NUMBER: AB 1504	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 27, 2009

   An act to amend Sections 4512  , 4513, 4551, 4551.3, and
4582 of, and   and 4513 of,  to add Section 4512.5
to,  and to add Chapter 3 (commencing with Section 4040) to Part
1 of Division 4 of,  the Public Resources Code, relating to
forest resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1504, as amended, Skinner. Forest resources: carbon
sequestration. 
   (1) The 
    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.

   The bill would require the Department of Forestry and Fire
Protection, in consultation with the State Air Resources Board, by
March 1, 2012, to assess the capacity of its forest and rangeland
regulations and nonregulatory forestry programs to meet or exceed the
state's greenhouse gas reduction goals, consistent with the scoping
plan adopted by the board pursuant to the California Global Warming
Solutions Act of 2006. The department would be required to publish a
draft assessment by December 1, 2011, for public review and comment.
The bill would require the board, in consultation with the
department, to convene an independent panel to peer-review the draft
assessment, and would require the department to incorporate the panel'
s findings and recommendations or describe in writing the reasons for
rejecting a finding or recommendation.  
   (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   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Chapter 3 (commencing with Section
4040) is added to Part 1 of Division 4 of the   Public
Resources Code   , to read:  
      CHAPTER 3.  FORESTS AND CARBON EMISSIONS


   4040.  (a) The department, in consultation with the State Air
Resources Board, by March 1, 2012, shall assess the capacity of its
forest and rangeland regulations and nonregulatory forestry programs
to meet or exceed the state's greenhouse gas reduction goals,
consistent with the scoping plan adopted by the State Air Resources
Board pursuant to the California Global Warming Solutions Act of 2006
(Division 25.5 (commencing with Section 38500) of the Health and
Safety Code). The department shall consider at least all of the
following in its assessment:
   (1) Whether relevant statutory or regulatory requirements
governing a timber harvesting plan, sustained yield plan or its
equivalent, nonindustrial timber management plan, or any other
discretionary approval for timber harvesting are sufficient to ensure
a net reduction or sequestration of carbon emissions from primary
forest carbon sources, sinks, or reservoirs.
   (2) Whether regulations governing conversion of timberland, as
defined by Section 4526, and forest land, as defined by subdivision
(g) of Section 12220, to nontimber and nonforest uses are sufficient
to offset lost sequestration capacity and carbon emissions associated
with the nontimber use.
   (3) Whether forest growth, harvest, and conversion information
obtained through the department's regulatory and nonregulatory
programs and other local, state, and federal sources is sufficient
and reliable in tracking changes to carbon stocks, including net
emissions and reductions, across the state's forested landscape.
   (b) (1) By December 1, 2011, the department shall publish a draft
assessment, including any recommendations, for public review and
comment. The period for public review and comment shall be at least
30 days.
   (2) The State Air Resources Board, in consultation with the
department, shall convene an independent panel of at least three
qualified experts to peer-review the draft assessment. The State Air
Resources Board shall select at least two of the experts from
academia.
   (3) The department shall incorporate the panel's findings and
recommendations or describe in writing the reasons, based on
substantial evidence, for rejecting a finding or recommendation.
   (c) (1) For the purposes of this section, "net reduction or
sequestration of carbon emissions" means an increase in carbon stocks
over time of a primary forest carbon source, sink, or reservoir,
compared to a baseline.
   (2) For the purposes of this section, "primary forest carbon
source, sink, or reservoir" includes standing live or dead trees,
soil, shrubs and herbaceous understory, lying dead wood, litter,
duff, and forest products. 
   SECTION 1.   SEC. 2.   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.   SEC. 3.   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   sequestering 
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.  
   (b) Globally, deforestation is responsible for about 20 percent of
anthropogenic greenhouse gas emissions. However, forests are also
the most expandable long-term carbon dioxide sinks.  
   (d) 
    (c)  According to the scoping plan adopted by the State
Air Resources Board  pursuant to the California Global Warming
Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)
of the Health and Safety Code)  , the state's forests currently
are an annual net sequester of five million metric tons of carbon
dioxide (5MMTCO2).  In fact, the forest sector is the only sector
included in the scoping plan that provides a net sequestration of
greenhouse gas emissions.  
   (e) 
    (d)  The scoping plan proposes to maintain the current
5MMTCO2  annual  sequestration rate through 2020 by
implementing "sustainable management practices," which 
currently remain undefined   include potential changes
to existing forest practices and land use regulations  .

   (f) 
    (e)  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) 
    (f)  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.   SEC. 4.   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 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, 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 plan 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 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 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.
   (g) Special provisions, if any, to protect any unique area within
the area of timber operations.
   (h) The expected dates of commencement and completion of timber
operations.
   (i) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.
   (j) Any other information the board provides by regulation to meet
its rules and the standards of this chapter.  
  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.