BILL ANALYSIS Ó
AB 1005
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Date of Hearing: January 9, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1005 (Dickinson) - As Amended: January 4, 2012
SUBJECT : Forest practices: timber harvesting plan
SUMMARY : Requires the Secretary of the Natural Resources Agency
to convene a timber harvest working group and to provide a
report to the Legislature recommending options for streamlining
and providing additional revenue for the state's timber harvest
regulatory program.
EXISTING LAW :
1)Pursuant to the Z'Berg-Nejedly Forest Practice Act of 1973
(FPA):
a) Declares that it is the policy of the state to encourage
prudent and responsible forest resource management
calculated to serve the public's need for timber and other
forest products, while giving consideration to the public's
need for watershed protection, fisheries and wildlife,
sequestration of carbon dioxide, and recreational
opportunities alike in this and future generations.
b) Requires the State Board of Forestry and Fire Protection
(Board) to adopt rules and regulations (Forest Practice
Rules or FPR) to assure the continuous growing and
harvesting of commercial forest tree species and to protect
the soil, air, fish and wildlife, and water resources,
including but not limited to, streams lakes and estuaries.
The Board is required to ensure that the FPR, where
applicable, consider the capacity of forest resources to
sequester carbon dioxide emissions sufficient to meet or
exceed the state's greenhouse gas reduction requirements
for the forestry sector.
c) Requires the Department of Forestry and Fire Protection
(CalFire) to oversee the FPA and the FPR in consultation
with other public agencies and the interested public. The
FPA and FPR specifically govern, among other things, timber
harvest plans (THPs), Nonindustrial Timber Management Plans
(NTMPs), Program Timber Harvesting Plans (PTHPs), and other
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types of plans related to timber operations on private
lands in California.
d) Requires the Director of CalFire to establish
interdisciplinary review teams to review timber operation
plans to assist in the evaluation of the plans and their
impacts on the environment. In general, each review team,
when possible, shall consist of a representative from (a)
the appropriate California Regional Water Quality Control
Board, (b) the Department of Fish and Game, (c) the
Department of Conservation, Division of Mines and Geology,
(d) a representative of county government when the county
government so requests, (e) the California Coastal
Commission (for plans in the coastal zone), (f) the
California Tahoe Regional Planning Agency (for plans in the
Tahoe Basin), (g) the Department of Parks and Recreation
(for plans that may affect values in publicly owned parks),
and (h) CalFire.
e) Preserves the power of any state agency (such as a
Regional Water Quality Control Board or Department of Fish
and Game) in the enforcement or administration of any
provision of law (such as the Porter-Cologne Water Quality
Control Act or Fish and Game Code Section 1600 et seq.)
that is specifically authorized or required to be enforce
or administer.
2)Pursuant to the California Environmental Quality Act (CEQA), a
THP or other plan required under the FPA or FPR may be
submitted in lieu of an environmental impact report if the
Secretary of the Natural Resources Agency finds that the plan
is in compliance with standards in CEQA. The Secretary of the
Natural Resources Agency has made such findings.
THIS BILL:
1)Requires the Secretary of the Natural Resources Agency to
convene a timber harvest working group to consider and refine
options for streamlining and providing additional revenue for
the state's timber harvest regulatory program.
2)Requires that the timber harvest working group consist of the
following persons:
a) Five representatives from environmental organizations,
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with one appointed by the Governor, two appointed by the
Speaker of the Assembly, and two appointed by the Senate
Committee on Rules.
b) Five representatives from the timber industry, with one
appointed by the Governor, two appointed by the Speaker of
the Assembly, and two appointed by the Senate Committee on
Rules.
c) The chairperson and vice chairperson, or their
designated representatives, of the Assembly Committee on
Natural Resources, the Assembly Committee on Accountability
and Administrative Review, the Assembly Committee on
Budget, the Senate Committee on Natural Resources and
Water, and the Senate Committee on Budget and Fiscal
Review.
3)Authorizes the Secretary of the Natural Resources Agency to
designate one or more individuals representing CalFire, the
Department of Fish and Game, the California Coastal
Commission, the California Geological Survey, and the State
Water Resources Control Board to serve on the working group.
4)Requires the Legislative Analyst to provide technical
assistance to the working group.
5)Requires the working group to submit a report containing its
recommendations to the Legislature on or before June 1, 2013.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background. According to a 2008 report prepared by the
Legislative Analyst, that fiscal year's funding for timber
harvest review and enforcement across all state agencies was
$24 million, with about $23 million supported by the General
Fund. Since 2008, there have been funding reductions to the
timber harvest program, such as Governor Schwarzenegger's 2010
line-item veto in the state budget bill that cut $1.5 million
from the Department of Fish and Game's timber harvest review
program. The current General Fund costs for this fiscal year
are approximately $18 million.
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Since at least 1999, the Legislative Analyst has been
recommending legislation to establish a new, single timber
harvest review fee paid by timber operators to fully fund
timber harvest review and enforcement across all agencies.
This recommendation is based on the "beneficiary pays" funding
principle that is utilized by many other state programs.
Several parties, including timber companies, professional
foresters, loggers, and forest land owners have voiced concern
over the Legislative Analyst's recommendation. They argue
that higher fees will further reduce timber operations in the
state and significantly hurt an industry that has already been
hit hard by the recession. As such, they warn that this will
cause additional job loss, further incentivize forest land
conversion, and create a heavier reliance on out-of-state
timber, which is likely harvested in a manner less
environmentally protective as California timber and will
produce greater import-related air emissions.
The timber industry has also argued that it should not have to
pay the entire cost of a program that it believes is
inefficient, duplicative, and more costly than necessary.
While there may be inefficiency, one could argue that the
agencies are actually underfunded given their duties and
responsibilities, especially as they relate to reviewing the
cumulative watershed effects of timber harvest activities and
to protecting species listed under the federal and state
Endanger Species Acts. This is especially true for the
Department of Fish and Game, which, as referenced above,
recently lost $1.5 million in General Fund support. This cut
resulted in lost funding for the majority of the Department of
Fish and Game's timber harvest review positions (16 out of
25).
In discussions with members of the environmental community,
there is a general belief among them that the state's timber
harvest regulatory program has deficiencies that put into
question whether a THP should be considered the functional
equivalent of an environmental impact report under CEQA. This
is articulated in part by the Center for Biological
Diversity's September 20, 2011 letter to the Secretary of the
Natural Resources Agency, John Laird, which demands Secretary
Laird to find that the state's timber harvest program no
longer qualifies for certification under CEQA because of the
Department of Fish and Game's budget cut.
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The budget issues involving the state's timber harvest program
will likely intensify in the near future as (1) the
Legislature is faced with making further General Fund cuts,
(2) the industry deals with a recession and the threat of
increased fees, (3) the agencies, with their budget
constraints, face challenges to implementing their legal
duties and responsibilities, and (4) the environmental
community tries to protect, improve, and, in some cases,
restore the various types of timber harvest environmental
reviews.
2)Timber Harvest Working Group. The Assembly Accountability and
Administrative Review Committees, chaired by Assemblyman Roger
Dickinson, held a hearing on September 27, 2011 to review the
fees and costs associated with the state's timber harvest
review program. At the hearing, the chairman of the Assembly
Natural Resources Committee, Assemblyman Wesley Chesbro,
expressed his interest in convening a timber harvest working
group with the various stakeholders to explore a balanced
solution to the budget problems associated with the state's
timber harvest regulatory program. Assemblyman Chesbro and
Assemblyman Dickinson are co-chairing this working group,
which had its first meeting on December 5, 2011 and will
continue to meet regularly throughout the year.
This bill will create a similar working group in 2013 that
will be led by the Secretary of the Natural Resources Agency.
3)Doubled-referred. This bill has also been referred to the
Assembly Water, Parks and Wildlife Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
California Native Plant Society
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
AB 1005
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