BILL ANALYSIS SCR 75 Page 1 SENATE THIRD READING SCR 75 (Hollingsworth) As Amended April 19, 2010 Majority vote SENATE VOTE :34-0 NATURAL RESOURCES 7-0 ----------------------------------------------------------------- |Ayes:|Chesbro, Gilmore, | | | | |Brownley, | | | | |De Leon, Hill, Huffman, | | | | |Logue | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Resolves that the California Legislature declares that there exists an ongoing emergency due to the threat of wildfire, calls on the federal government to take immediate measures to prevent imminent catastrophic wildfires, and, together with local governments, request that Governor Schwarzenegger advocate for the United States Forest Service's (USFS) undertaking of fire prevention and maintenance work in the state's national forest lands. EXISTING FEDERAL LAW establishes the National Fire Plan (NFP) to be implemented by the USFS together with the U.S. Department of the Interior. The NFP's mission is to make available resources to respond to wildfire, conduct rehabilitation from wildfire-affected areas, reduce hazardous fuels such as dry brush and trees, and assist local communities threatened by fire. EXISTING STATE LAW : 1)Establishes the Forest Practice Act of 1973 which empowers the California Department of Forestry and Fire Protection (CDF also known as, CAL FIRE) to enforce the laws that regulate logging on privately-owned state lands and ensure that logging is done in a manner that will also preserve and protect fish, wildlife, forests, and streams. 2)Establishes the State Board of Forestry and Fire Protection SCR 75 Page 2 (Board) whose mission is to lead California in developing policies and programs that serve the public interest in environmentally, economically, and socially sustainable management of forest and rangelands, and a fire protection system that protects and serves the people of the state. 3)Establishes the California Fire Prevention and Suppression Action Plan of 2004 which encourages California citizens to expand their knowledge of fire protection in order to identify and prevent potential causes of catastrophic wildfires at the federal, state, and local levels. FISCAL EFFECT : Non-fiscal COMMENTS : Catastrophic fire in California history . In the scientific field of forest ecology, a "catastrophic," wildfire is defined as a high-intensity wildfire that burns most of the trees in an area as well as the majority of fallen forest floor vegetation, or "litter." In the mid 1940s, USFS launched a successful nationwide campaign for the complete suppression of wildfires in the U.S. featuring Smokey the Bear. It was believed at the time that wildfires should and could be completely suppressed. By the 1960s, scientists were able to successfully communicate to policymakers that fire was a historical and natural part of forest ecology even without human activity. For example, a 2007 National Park Service report indicated that Yellowstone National Park experiences about 22 fires per year which are caused directly by lightning, plus approximately 6 to 10 fires per year that are caused by humans. In the early 2000s, the USFS launched a new wildfire campaign called the Healthy Forest Initiative. Because catastrophic wildfires appeared to destroy all living things in a forest, they were labeled by the USFS as "bad fires" or "unnatural" while lower-intensity wildfires that burn slowly across forest floors and leave the majority of trees with green leaves were labeled as "good fires" or "natural" fires. The USFS applied these new labels to an anti-catastrophic fire campaign in the Sierra Nevada mountain range, declaring that "our old growth forests are choking with brush, tinder-dry debris, and dead trees which make the risk of catastrophic wildfires high." The initiative stated that weather, terrain, moisture, and fuel are the four factors that can influence the result of a catastrophic SCR 75 Page 3 wildfire, fuel being the only factor that humans can control. The Healthy Forest Initiative philosophy is to remove fuel from the forest that it considers to be in excess of what the forest might have looked like prior to human intervention as well as any that would increase the risk of a catastrophic fire. According to the USFS, this fuel includes forest vegetative litter and small to medium sized trees. In addition, the USFS used prescribed burns to eliminate excess vegetation. Figure 1 represents the hypothetical historical and present appearances of forests as described in the USFS Healthy Forests Initiative. Figure 1. Cost of wildfire in California According to CDF's 2008 wildland fire summary, 3,593 wildfires affected 380,310 acres within its jurisdiction. CDF's suppression costs for fiscal year 2008-09 was approximately $460 million; the value of property damage was estimated at $899 million resulting from a total of 1,027 structures destroyed. Current catastrophic wildfire research Existing law requires that an individual with legal control over a building in or near a heavily vegetated area must clear 100 feet of defensible space from each side of the structure but not beyond the property line. Homes that are surrounded by adequate defensible space have a higher probability of surviving a wildfire. In the case of a catastrophic fire, the 100 feet of defensible space has had varying results with regards to protecting, or failing to protect, a structure. At any wildfire intensity live embers may travel distances greater than half a mile in windy conditions, reducing the effectiveness of the 100 feet of defensible space according to a report by the U.S. Geological Survey. On May 7, 2004, Governor Schwarzenegger issued executive order S-9-04 following a wildfire-related state of emergency the year before when the citizens, property, and the environment were at risk from wildfire damage in Riverside, San Bernardino, and San Diego counties. The executive order declared that drought, overstocked forests, and infestation by bark beetles and other decay organisms were the primary cause of death of a significant SCR 75 Page 4 number of trees which was thought to increase the risk of imminent catastrophic wildfires that cause loss of life, property, and environmental quality. Some of these dead trees were within state forest lands while others were within federal forest lands. The executive order called for more resources to be made available to CDF to ensure the safety of people and property in California including additional fire fighting crews in certain at-risk counties in Southern California, additional fire-fighting equipment, increased defensible space inspections, and additional staff. Among its other provisions, the executive order further called upon CDF and the state Office of Emergency Services (OES) to work with federal, state and local government agencies, bordering states, and the government of Mexico to maximize California's fire prevention and fighting capabilities. In 2007, a UC Berkeley Forest Ecology scientific study reported that their historical models indicated that, prior to the year 1800 and Euro-American settlement, approximately 1.8 million hectares (1 hectare = 10,000 square meters) burned annually in California. For perspective, this 1.8 million hectares is approximately equivalent to 88% of the land area in the entire United States that experienced wildfire between 1994 and 2004. The article predicted that the emissions from these annual California fires kept the skies smoky during the summer and fall. These data may be useful as the legislature formulates carbon sequestration and fire suppression policies. Across the nation, California has experienced more burned area relative to the remainder of the U.S. between 1940 and 2000 according to a scientific review by Scott Stephens, a wildfire and forest ecologist from UC Berkeley. Fuel hazards and changes in climate can affect the occurrence of wildfires caused by both lightning and human actions. In addition, wildfires are highly affected by geography. From a historical perspective, knowing that catastrophic fires played a frequent and large spatial role in shaping California's ecology, it is possible that the effects of catastrophic fire may have the ability to increase biodiversity in forests. For example, fire may clear an area of dense trees while at the same time allowing germination of a stockpile of seeds. Newly germinated tree seedlings now have access to direct sunlight for more efficient growth. Seedlings and flowering plants draw a diversity of insects, subsequently drawing increased populations of birds and rodents. Fallen dead trees may become homes for burrowing animals which subsequently draw predatory animals such as coyote and mountain lions. SCR 75 Page 5 California's wildfire policy would likely benefit from accurately reflecting the diverse geography and climate of the state, as well as incorporating information regarding its unique wildfire history. Analysis Prepared by : Jessica Westbrook / NAT. RES. / (916) 319-2092 FN: 0004959