BILL ANALYSIS AB 2575 Page 1 Date of Hearing: April 19, 2010 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 2575 (Chesbro) - As Introduced: February 19, 2010 SUBJECT : Timber harvesting: watershed pilot project. SUMMARY : Imposes conditions on the California Department of Forestry and Fire Protection (CDF) during its implementation of a pilot project to assess the cumulative impacts of timber harvest operations on a watershed; requires CDF, on or before July 1, 2011, to reorganize all timber harvest plan information on its Internet Website by watershed. EXISTING LAW : 1)Requires the Board of Forestry to adopt rules to address the unreasonable effects of timber operations on the beneficial uses of waters. These rules must address effects from: a) Construction of logging roads and tractor trail stream crossings; b) Damage to streamside vegetation and streambeds from skidding or hauling logs across streams, operating heavy equipment in streambeds, constructing log landings; c) Slash, debris, or fill that may be discharged into streams, and erosion. 2)Section 916.9 of the California Code of Regulations requires the Board and CDF implement two pilot projects using site-specific or non-standard operational measures to minimize cumulative and planning impacts of timber harvesting on watersheds; CDF must recommend guidelines to the Board for adoption by June 30, 2011. FISCAL EFFECT : Unknown THIS BILL : 1)Requires CDF, when implementing a pilot project to protect and repair the riparian zone in watersheds with listed anadromous salmonids, to comply with all of the following: AB 2575 Page 2 a) Provide the industry, agencies, and public with balanced equity and involvement in the pilot project, which must be represented by appropriately qualified representatives respected by all parties; b) Adopt guidelines for conducting a cumulative effects evaluation on a planning watershed scale, supported by the industry, agencies, and public; address the cumulative and planning watershed impacts, including project-specific issues or site-specific issues, or both; c) Consult with credible experts in order to achieve a sound process that is feasible, enforceable, and of a standard that is protective of the public trust. The pilot project must rely on qualitative and quantitative methods, including factors such as repeatability, documentation, expertise, scale, and adequacy of analysis; 2)Specifies goals for a pilot project, including restoration of fisheries and wildlife habitat; reducing the risk of wildfire; reducing sedimentation and soil loss; achieving optimum carbon sequestration; and restoring unique attributes of a given planning watershed. 3)Requires CDF, on or before July 1, 2011, to place all electronically available logging plan information on its Internet Website organized by a particular planning watershed and easily accessible to the public. COMMENTS : 1)Purpose of bill : According to the author's office: 'Blue ribbon panels', court decisions, numerous reports, conferences and workshops have pointed to the need for an effective process for the evaluation and response, on a watershed-scale, to cumulative impacts. This is a process that has been sorely lacking, and that the normal California forest practice regulatory system has been unable to adequately come to grips with and achieve. The 'normal' regulatory process has been able to, over many years, hammer out certain specific conservation and protection measures in very adversarial settings with opposing parties usually entrenched in predetermined AB 2575 Page 3 conceptual conflict. This is not the way to arrive at a comprehensive and effective way to evaluate and respond to cumulative effects -- which has been a major unresolved issue for at least three decades. Pilot projects, with all parties engaged with qualified and universally respected representatives, in an on-the-ground case study real example, are likely the only way to arrive at a doable, credible methodology and practice. 2)What is a cumulative impact and how is it currently assessed? The concept of analyzing cumulative impacts is rooted in the California Environmental Quality Act (CEQA). Citing CEQA, the Forest Practice Rules (FPR) define "cumulative impacts," in part, as "?two or more individual effects which, when considered together, are considerable, or which compound or increase other environmental impacts." Both CEQA and the FPRs require an assessment of potential cumulative impacts due to timber operations and both must be satisfied. Moreover, FPR Section 897(b)(2) states that "Individual [timber harvest plans (THPs)] shall be considered in the context of the larger forest planning watershed in which they are located, so that biological diversity and watershed integrity are maintained within larger planning units and adverse cumulative impacts, including impacts on the quality and beneficial uses of water are reduced." In practical terms, the FPRs require THPs to evaluate all "closely related past [previously approved, on-going, or completed projects within the past 10 years], present and reasonably foreseeable probable future projects [other THPs by same landowner to be harvested within 5 years; other THPs by other landowners] within the same ownership and matters of public record." The FPRs include a checklist to focus a cumulative impact analysis on seven resources potentially at risk (watershed, soil, biology, recreation, visual, traffic, and other). The checklist must include a description whether the project, in combination with past, present, or future projects, will have a reasonable potential to cause or add to significant cumulative impacts to the above seven areas taking into consideration any mitigation measures or alternatives proposed in a THP. The FPRs also include an appendix that lists the factors a THP should consider in evaluating impacts. For example, when evaluating watershed impacts, the analysis should consider the effects of erosion, water temperature, organic debris, chemical contamination and peak flow. AB 2575 Page 4 3)Longstanding concerns about the effectiveness and utility of cumulative impact analyses : Criticism of the effectiveness of the FPR's past and current treatment of cumulative impact analyses has come from many quarters. Beginning with a 1990 CDF-commissioned report, a 1994 Little Hoover Commission (LHC) report, a 1999 scientific review panel jointly appointed by the Resources Agency and National Marine Fisheries Service, a 2001 University of California study, and 2008 correspondence from the Central Valley Regional Water Quality Control Board (RWQCB) staff, it has been well-established, though not without controversy, that the utility of these analyses is limited. At the same time, there are legitimate concerns from the industry that increased regulatory prescription may significantly challenge its ability to cost-effectively manage its timberlands, especially in the face of a depressed housing market. Among other things, the LHC concluded that the cumulative impact analyses required under the FPR is both burdensome and unproductive. While the industry complains that the analyses are costly and complicated on a THP-by-THP basis, environmentalists cite the lack of substantive information to sufficiently evaluate the impacts. Citing three studies, the RWQCB noted that the cumulative impact guidance in the FPRs has been criticized for, among other factors, its qualitative nature, lack of repeatability, lack of required documentation or substantiation, lack of standards for those conducting an analysis, and the arbitrary nature of the spatial scope of an analysis. The FPRs' lack of recognition of physical process interactions and linkages leads to "piecemeal rather than integrated analysis." Setting aside the efficacy of the FPRs, the RWQCB pointedly questioned whether mitigation measures or the FRPs themselves are being implemented "correctly or are effective in preventing" cumulative impacts. The LHC report concluded that "The result is that cumulative assessments are merely guesswork that neither accurately define an existing baseline of information nor credibly predict the outcome after harvesting." 4)So, then, what to do? This bill codifies and expands on a Board rule requiring the implementation of two pilot projects to inform the development of guidance on the implementation of "site-specific measures or non-standard operational provisions" [hereinafter "measures"]. Implementation of these AB 2575 Page 5 measures is intended to be in lieu of specific measures (e.g., minimum buffer zones around streams, prohibitions on harvesting or road-building), adopted last year as part of a substantial salmonid protection rules package, to mitigate potential impacts to listed anadromous salmonid fisheries. According to the FPRs, "Site specific plans may be submitted when, in the judgment of the [registered professional forester], such measures or provisions offer a more effective or more feasible way of achieving the [rules'] goals and objectives?and would result in effects to the beneficial functions of the riparian zone equal to or more favorable than the application of the [rules]." According to CDF, one initial proposal for pilot study in the north coast is the intentional placement of "large woody debris [LWD]" in an anadromous stream (LWD can create habitat or refuge for juvenile fish). Placement of LWD could be an alternative to a requirement to retain 10 of the largest trees in certain riparian buffer zones, in hopes of recruiting fallen branches or trunks into streams. Such a pilot project would lead to the development of relevant guidance for timber operators. However, the objective of this bill appears to be more comprehensive than the above rule: it attempts to address the central criticisms and shortcomings of cumulative impact analyses as implemented today. This bill requires a pilot project to result in the adoption of guidelines for conducting a cumulative effects evaluation on a planning watershed scale and specifically requires the project to incorporate some of the evaluative factors suggested by the RWQCB. 5)CDF's online THP database needs reform : Since January 2009, CDF has posted THPs, various notices (Intent to Harvest, Preparation, Submission) and other related information by region (North Coast, Cascade, Sierra). 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 (e.g., section 1 of a THP is listed as 20050922_1-04-036SON_Resubsec1). This bill also requires CDF to reorganize its electronic THP database on a watershed basis in a manner that is easily accessible to the public. 6)Amendments : The author's office, sponsor and committee staff AB 2575 Page 6 have negotiated technical and substantive amendments to the bill that are intended to clarify the intent of the bill. These amendments are attached to this analysis. REGISTERED SUPPORT / OPPOSITION : Support California Native Plant Society Sierra Club California Forests Forever Opposition California Forestry Association California Licensed Foresters Association Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092