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:








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             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  








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               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.








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           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  








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            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  








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            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