BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2575
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          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  







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                 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.








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          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.







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          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  







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          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 

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