BILL ANALYSIS Ó
AB 1005
Page 1
Date of Hearing: January 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 1005 (Dickinson) - As Amended: January 4, 2012
SUBJECT : Timber Harvest Plans
SUMMARY : Directs the Secretary of the Natural Resources Agency
to convene a timber harvest working group to consider options
for streamlining and providing additional revenue for the
state's timber harvest regulatory program. Specifically, this
bill :
1)Requires the working group to be composed of the following:
a) One timber industry representative and one
environmental representative appointed by the Governor;
b) Two timber industry representatives and two
environmental representatives appointed by the Speaker of
the Assembly, and two of each appointed by the Senate
Committee on Rules;
c) The chairperson and vice chairperson or their
designees from the Assembly Committee on Natural
Resources, the Assembly Committee on Accountability and
Administrative Review, and the Senate Committee on
Natural Resources and Water.
2)Authorizes the Secretary of the Natural Resources Agency to
designate one or more individuals representing the Department
of Forestry and Fire Protection, the Department of Fish and
Game (DFG), the California Coastal Commission, the California
Geological Survey, and the State Water Resources Control Board
to also serve on the working group.
3)Requires the Legislative Analyst to provide technical
assistance to the working group.
4)Requires the working group to report its recommendations to
the Legislature by June 1, 2013.
EXISTING LAW:
1)Prohibits the conducting of timber operations unless a timber
harvest plan (THP) prepared by a registered professional
forester is submitted to the Department of Forestry and Fire
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Protection (CalFire).
2)Gives the Director of CalFire final authority over whether a
THP conforms with rules and regulations pertaining to timber
harvesting. Requires CalFire and the Board of Forestry to
consult with and consider recommendations from DFG relating to
protection of fish and wildlife, the State Water Resources
Control Board and regional boards relating to water quality,
the Air Resources Board and local districts relating to air
quality, and the Coastal Commission relating to protection of
natural and scenic coastal zone resources.
3)Authorizes the Secretary of the Natural Resources Agency to
certify certain regulatory programs as "functional
equivalents" to the California Environmental Quality Act
(CEQA), thereby exempting projects under such programs from
the CEQA requirement for preparation of an environmental
impact report or negative declaration. The Forest Practices
Act has been certified by the Resources Agency as a CEQA
functional equivalent program. The THP review process calls
for involvement of a multi-agency team that includes CalFire,
DFG, the Regional Water Quality Control Board, the California
Geological Survey, and other agencies.
FISCAL EFFECT : Unknown
COMMENTS : California's timber harvest regulatory program is
currently funded primarily by the General Fund. The program
remains one of the few regulatory programs in the state that is
not funded by regulatory fees under the "beneficiary pays"
concept. Consequently, the Legislative Analyst's Office for
years has recommended that THP fees be assessed to fund the
program. The timber industry, on the other hand, has argued
that the program lacks efficiency and needs to be streamlined,
and that the imposition of fees would increase costs for the
industry and consumers. The Timber Harvest Review program in
California has also been the subject of extensive litigation,
including a number of cases regarding cumulative impacts. The
Assembly Accountability and Administrative Review Committee in
November of this year held an oversight hearing on the state's
timber harvest review program. The hearing examined concerns
regarding the underfunding of California's timber harvest review
program, and concerns of industry representatives regarding the
cost of the program and the need for efficiencies. After that
hearing the committee chair, the chair of the Assembly Natural
AB 1005
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Resources Committee, and other interested parties agreed to form
a working group to discuss ways to streamline the timber harvest
review process, without compromising or reducing environmental
protections, and to identify a more stable and appropriate
funding source for the overall program. An ad-hoc working group
was formed and met a couple of times in November and December of
2011. This bill is intended to serve as a vehicle for that
working group process and whatever recommendations they may come
up with.
The THP regulatory review process has been certified by the
Secretary of the Natural Resources Agency as a "functional
equivalent" program under CEQA. The certification was based at
least in part on the fact that the THP review process involves a
multi-agency team approach that includes DFG, the Water Boards,
the Geological Survey and others. Since 2010, however, the
involvement of DFG, which is the public trustee agency for fish
and wildlife resources under CEQA, in the THP program has
largely been defunded. In 2010 then Governor Schwarzenegger
struck $1.5 million from DFG's budget for THP review,
effectively reducing DFG's THP biologists from 17 to 2. In 2011
the Legislature sought to restore DFG's funding for THP review
by appropriating $1.5 million from the surplus in the Hatcheries
and Inland Fisheries Fund for that purpose. However, those
funds were again vetoed by Governor Brown.
Issues: This bill as amended provides that members of the
working group would be officially appointed by the Governor, and
by the Assembly Speaker and Senate Rules Committee. A report
with recommendations would not be due to the Legislature until
June of 2013. However, in actuality an ad hoc working group has
already started meeting. In addition, it would be most
constructive for the Legislature and the Administration if
recommendations of the working group could be received prior to
the June 2013 date contained in this bill. What the work
product and timing of the working group discussions will be,
however, remains unclear at this time.
Proposed Amendment: Should the committee agree to approve this
bill, the author is proposing an amendment which would change
the first sentence of the bill to read as follows:
SECTION 1. (a) The Secretary of the Natural Resources Agency
shall convene a timber harvest working group to consider and
refine options for streamlining and providing additional revenue
AB 1005
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for the state's timber harvest regulatory program how to improve
the health of California's forests, continuing California's
commitment to the environment, and supporting the state's
climate and energy goals .
The amendments would also add Assembly Member Chesbro as a
co-author.
Policy Committee Double-referral: This bill is double-referred
to the Assembly Natural Resources Committee and the Assembly
Water, Parks & Wildlife Committee. The Assembly Natural
Resources Committee is scheduled to hear this bill on January 9,
2012.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096