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