BILL ANALYSIS
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2009-2010 Regular Session |
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BILL NO: AB 2575 HEARING DATE: June 29, 2010
AUTHOR: Chesbro URGENCY: No
VERSION: May 28, 2010 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Resources: watersheds.
BACKGROUND AND EXISTING LAW
1. The California Board of Board of Forestry (BOF) and the
California Department of Forestry are required to adopt rules
that implement state laws governing timber harvesting. These
agencies are also to prevent unreasonable effects of timber
operations on the beneficial uses of waters. As part of a
rule-making procedure completed in 2009, the board and the
department have additional responsibilities to protect and
restore the riparian zone in watersheds with listed anadromous
salmonids. 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, and 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 the California Department of Forestry (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.
3. A technical advisory committee will recommend at least two
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pilot projects under criteria that are nearly completed. One
project under consideration in a coastal watershed would involve
placement of large wood into a stream to assist in restoring
salmon habitat. A second, inland project would consider
management activities along a watershed's riparian zones that
would reduce the chance of wildfire. In both situations, a rapid
watershed assessment process would be developed that can assess
the impacts both on a project scale and on a planning watershed
scale. These are incremental steps in improving the cumulative
impact analyses of timber operations that have been suggested in
the professional literature for several years.
PROPOSED LAW
1. This bill would require CDF when implementing a pilot project
to protect and restore the riparian zone in watersheds that
provide habitat for listed anadromous salmonids, to comply with
all of the following:
a) Provide the industry, agencies, and public with
balanced equity and involvement in
the pilot projects that must be developed in a
transparent manner.
b) Adopt guidelines for conducting a cumulative effects
evaluation on a planning
watershed scale; 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.
2. This bill would also specify the 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. The bill specifies that funding for the pilot projects shall
come from existing resources or additional funds obtained by the
department from private and public sources.
ARGUMENTS IN SUPPORT
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Sierra Club California contends that numerous federal and state
agency reviews of the current forest practice rules have
concluded that the current rules are inadequate to protect
watersheds and salmon habitat. It believes that the pilot
projects authorized in this bill will enable the state to
improve its evaluation of cumulative impacts in our watersheds.
California Native Plant Society is especially supportive of the
provisions for public involvement in the development of the
pilot projects.
As sponsor, Forests Forever maintains that evaluating and
addressing the cumulative impacts of multiple timber harvests in
a watershed over time is crucial to protecting watershed health,
endangered species, public safety, and the long-term economic
value of timberlands.
ARGUMENTS IN OPPOSITION
The California Forestry Association is not opposed to the pilot
projects but is opposed to most of the findings and declarations
in the first section of the bill.
To the same effect is the letter from the California Licensed
Foresters Association.
COMMENTS
After discussions with the author the following two sets of
technical amendments are suggested.
SUGGESTED AMENDMENTS
AMENDMENT 1
The following amendments are proposed for the findings and
declarations contained in Section 1 of the bill. These
provisions are not substantive but have nonetheless generated
opposition. The proposed findings should be reduced as follows:
1. Page 2, lines 3-6. Delete
2. Page 2, lines 11-13. Delete and replace with:
Sequestration of carbon in forest lands is a vital
component of California's climate change strategy as
articulated by the Climate Action Team and the California
Air Resources Board
3. Page 2, lines 23-33 and page 3, lines 1-4. Delete.
4. Page 3, line 5. Delete "Significant, but at times
limited" and replace with "Important"
5. Page 3, line 10. Delete all, after the first period,
and delete page 3, lines 11-15.
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6. Page 3, line 19. Delete "A good" and replace with
"An effective"
AMENDMENT 2
The following amendments are proposed for the substantive
provisions of the bill.
1. Page 3, line 32, delete the referenced code
sections and replace with 14 CCR Sec. 916.9
2. Page 3, line 39. Replace "adoption" with
"development."
3. Page 4, lines 4-7. Delete and replace with: "The
spatial scale of the cumulative effects analysis to be
consistent with the site-specific and cumulative impacts
of the project in the watershed and its physical
processes."
4. Page 4, lines 12 and 13. Delete and replace with:
"Documentation of the conclusions and recommendations.
5. Page 4, line 14. Delete and replace with: "An
evaluation by a person or entity with relevant training
and experience."
6. Page 5, line 1. The Technical Advisory Committee
established by the Board of Forestry to implement the
regulation in 14 CCR 916.9 shall develop recommendations
for providing electronic public access to all relevant
documents that will assist the department in
administering timber harvest regulations for actions that
will occur on a planning watershed scale.
7. Page 5, line 1. All documents that form the basis
for the pilot projects that will occur on a planning
watershed scale that are developed pursuant to this
section shall be posted on the department's web site
SUPPORT
Sierra Club
California Native Plant Society
Forests Forever
OPPOSITION
California Forestry Association - unless amended
California Licensed Foresters Association-unless amended
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