BILL ANALYSIS AB 2575 Page 1 ASSEMBLY THIRD READING AB 2575 (Chesbro) As Amended May 28, 2010 Majority vote NATURAL RESOURCES 6-0 APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|Chesbro, Brownley, De |Ayes:|Fuentes, Ammiano, | | |Leon, Hill, Huffman, | |Bradford, | | |Skinner | |Charles Calderon, Coto, | | | | |Davis, | | | | |Monning, Ruskin, Skinner, | | | | |Solorio, Torlakson, | | | | |Torrico | | | | | | |-----+--------------------------+-----+--------------------------| | | |Nays:|Conway, Harkey, Miller, | | | | |Nielsen, Norby | ----------------------------------------------------------------- SUMMARY : Imposes conditions on the California Department of Forestry and Fire Protection (CDF or CAL FIRE) and Board of Forestry (Board) during its implementation of pilot projects to assess the cumulative impacts of timber harvest operations on a watershed. Specifically, this bill : 1)Requires CDF and Board, when implementing a pilot project to protect and restore the riparian zone in watersheds with listed anadromous salmonids, to comply with all of the following: a) Provide the industry, agencies, and public the public with equal opportunity to participate in the development of a pilot project in a transparent manner; b) Adopt guidelines for conducting a cumulative effects evaluation on a planning watershed scale; address potential project-specific planning watershed cumulative effects of timber harvesting activities. In particular, the guidelines shall require the following: i) The spatial scale of the cumulative effects analysis to be consistent with the resources of concern, including watersheds and soil productivity, and with the physical processes, including erosion, that influence those AB 2575 Page 2 resources; ii) The use of reproducible, quantitative methods of evaluation as the primary means of determining baseline physical, chemical, or biological parameters, in estimating cumulative impacts, and in monitoring implementation of mitigation measures; iii) Sufficient documentation that supports the conclusions and recommendations of an evaluation; and, iv) The evaluator to have relevant training and experience. c) Consult with and seek comment from appropriate scientific experts in order to develop evaluation guidelines that are feasible, enforceable, and protective of the public trust. 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 long-term carbon sequestration; and restoring unique attributes of a given planning watershed. 3)Requires funding for the development and implementation of a pilot project to be drawn from existing CDF and Board resources and any additional funding to be sought from private and public sources. EXISTING LAW : 1)Requires the Board 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; and, c) Slash, debris, or fill that may be discharged into streams, and erosion. AB 2575 Page 3 2)Requires, under the California Code of Regulations Section 916.9, the Board and CDF to 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 : According to the Assembly Appropriations Committee, unknown costs, but possibly in the tens of thousands of dollars, to implement a pilot project. COMMENTS : 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 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, the timber industry has expressed concerns 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." 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 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 AB 2575 Page 5 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. Analysis Prepared by : Dan Chia / NAT. RES. / (916) 319-2092 FN: 0004720