California Legislature—2013–14 Regular Session

Assembly Bill No. 875

Introduced by Assembly Member Chesbro

February 22, 2013

An act to amend Section 4629.6 of, and to add Article 5.5 (commencing with Section 4564) to Chapter 8 of Part 2 of Division 4 of, the Public Resources Code, relating to resource protection and management.

LEGISLATIVE COUNSEL’S DIGEST

AB 875, as introduced, Chesbro. Forest management.

The Z’Berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and is approved by, the Department of Forestry and Fire Protection. Existing law establishes the Timber Regulation and Forest Restoration Fund in the State Treasury, and requires that all revenues received from a specified assessment imposed on the retail sale of lumber products, as defined, and engineered wood products, as defined, less amounts deducted for refunds and reimbursements, be deposited into the fund. Existing law requires that moneys deposited into the fund be expended, upon appropriation by the Legislature, for specified purposes, including to fund existing restoration grant programs.

This bill would include the funding of projects relating to salmon and anadromous trout species to this list of purposes.

This bill would require the State Board of Forestry and Fire Protection and the department, with the guidance of other entities, including harvest plan review agencies, to conduct pilot projects, to be completed by January 1, 2017, to determine and implement processes that would result in long-term efficiencies and cost savings while ensuring environmental performance that would protect and restore vital soil, water, wildlife, timber, and forest values and resources. The bill would require these pilot projects to focus on certain things, including reforming and standardizing requirements for vital information on a CalWater planning watershed basis. The bill would require funding and personnel for the development and implementation of the pilot projects to be from existing department and responsible agencies’ budgets and personnel. The bill would require all documents that form the basis for the pilot projects to be posted on the department’s Internet Web site and the findings and recommendations of the pilot projects to be presented at one or more public meetings.

The bill would require the board to develop recommendations and pass regulations for providing electronic public access to all relevant documents that assist the department in administering timber harvest regulations, in ensuring the protection and recovery of forest and watershed health and productivity, and in monitoring.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

This act shall be known and may be cited as the
AB 1492 Implementation Act for Forest Restoration, Ecological
Performance, and Program Efficiencies.

SEC. 2.  

The Legislature finds and declares all of the following:

(a) There are numerous water bodies in California that have
been declared by the State Water Resources Control Board to be
impaired due to excessive sedimentation, high water temperatures,
and pollutants.

(b) 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 State Air Resources Board.

(c) The regions of California that have state or federally listed
anadromous salmonid species are often predominately forest lands
that are subject to the Z’berg-Nejedly Forest Practice Act of 1973,
pursuant to Chapter 8 (commencing with Section 4511) of Part 2
of Division 4 of the Public Resources Code, for purposes of review
and approval of timber harvest plans. These plans include, but are
not limited to, timber harvest plans (THPs), nonindustrial timber
management plans (NTMPs), sustained yield plans (SYPs), and
program timberland environmental impact reports (PTEIRs).

(d) Important gains have been made in forest land resource
protection and conservation since the Z’berg-Nejedly Forest
Practice Act of 1973, including the application of the California
Environmental Quality Act (CEQA), and various state and federal
water quality and fish and game statutes and regulations.

(e) There are still opportunities for improvement by the
development of a comprehensive cumulative effects review process
that is conducted in cooperation with landowners and other
stakeholders. An effective cumulative effects review process can
provide the information necessary to restore and recover fish and
wildlife populations, to improve the quality and quantity of timber,
to take actions to reduce fire hazards, to sequester carbon, to
produce energy, and to create jobs.

(f) In 2012 the Legislature passed, and the Governor signed,
Assembly Bill 1492 (Chapter 289 of the Statutes of 2012). This
law, among other things, provided for the financing of the review
and approval process for the plans described in subdivision (c).
Key intent language in that law called for reform of that process
to ensure that efficiencies for that process were determined and
implemented, and that environmental performance was ensured.

(g) In addition and related to the key role of an improved
cumulative effects evaluation and response, cited above, there is
a need to determine effective and useful information organization
and accessibility, to enable recovery of the referenced forest and
watershed resources and to provide sets of adequate monitoring
protocols that meet the dual need for efficiencies and environmental
performance.

(h) Given the complexities, the involvement of multiple
stakeholders, and the need to make positive progress in the needed
reforms, it is necessary to undertake pilot projects that will enable
formalization of measures that will accomplish the efficiencies
referred to in subdivisions (f) and (g) and ensure environmental
performance consistent with the responsibilities and needs of each
of the stakeholders. The pilot projects conducted for purposes of
this act will have the following attributes:

(1) A multidisciplinary approach.

(2) Qualified representatives of the range of stakeholders.

(3) Rigorous procedures.

(4) Transparency.

(5) Appropriate and varied locales.

(6) Well-documented and thought-out goals, processes, and
findings.

SEC. 3.  

Article 5.5 (commencing with Section 4564) is added
to Chapter 8 of Part 2 of Division 4 of the Public Resources Code,
to read:

 

Article 5.5.  Watershed Pilot Projects

 

4564.  

(a) The board and the department, guided by the Natural
Resources Agency and the California Environmental Protection
Agency, in partnership with harvest plan review agencies, the
range of public stakeholders, and the scientific community, shall
conduct pilot projects to determine and implement processes that
result in long-term efficiencies and cost savings while ensuring
environmental performance that will protect and restore vital soil,
water, wildlife, timber, and forest values and resources.

(b) The pilot projects shall initially focus on:

(1) Reforming and standardizing requirements for vital
information on a CalWater planning watershed basis by
establishing basic templates for mapping and other information.
The templates shall provide basic and electronically accessible
information deemed necessary by the agencies, plan submitters,
and the public to understand and fulfill their legal responsibilities.

(2) Making the evaluation of and response to cumulative impacts
credible and effective.

(3) Enabling restoration measures to be identified for listed
anadromous salmonids and other wildlife, watersheds, and the
forest itself.

(4) Determining appropriate and effective monitoring procedures
and standards.

(c) The industry, agencies, and the public shall have the
opportunity to participate in the development and implementation
of the pilot projects in a transparent process.

(d) Initial pilot project results shall include the development of
guidelines for conducting a cumulative effects evaluation on a
planning watershed scale, and shall address the potential
project-specific planning watershed cumulative effects of timber
harvesting activities.

(e) All pilot projects shall:

(1) Take place at the appropriate spatial scale.

(2) Use reproducible, preferably quantitative, methods of
evaluation as the primary means of determining baseline, or
existing physical, chemical, or biological parameters, or both.

(3) Document the findings, conclusions, and recommendations.

(4) Be conducted by persons and entities with relevant training
and experience.

(5) Have consultation with, and seek comment from, appropriate
scientific experts and the public, including, but not limited to,
qualified fisheries and wildlife biologists, in order to develop
evaluation and implementation guidelines that are feasible,
enforceable, and protective of the public trust.

(6) Use information from the State of Washington’s Watershed
Analysis Manual, the Methods Manual developed by the State of
California’s North Coast Watershed Assessment Program, the
Recovery Strategy for California Coho Salmon, the National
Oceanic and Atmospheric Administration fisheries’ recovery plans
for California evolutionarily significant units, the State Wildlife
Action Plan, and from other pertinent reports, programs, and
guidance documents.

(7) Include significant primary goals such as to effectively
protect, maintain, and contribute to the restoration of properly
functioning habitats for recovery of listed species, restoration of
quality timberlands, or other goals deemed appropriate under
Section 4564. Some of these goals may include reducing the risk
of wildfire with special consideration for human communities,
reducing sedimentation and soil loss, achieving long-term carbon
sequestration in on-site tree growth and other on-site forest carbon
pools, and protecting and restoring unique attributes of a given
planning watershed.

(f) Pilot projects shall be consistent with state and federal
mandates governing coho salmon recovery and restoration of
impaired water bodies. Pilot projects shall also reflect the
established joint policies between the board, the department, the
Department of Fish and Wildlife, and the Fish and Game
Commission.

(g) Funding and personnel for the development and
implementation of pilot projects shall be provided from the
department’s existing budget and personnel. Harvest plan review
agencies participating in the pilot project shall first utilize funds
from any appropriation made pursuant to subdivision (c) of Section
4629.6. Additional funding shall be sought from private and public
sources, statewide and nationally, with an emphasis on receiving
support from educational institutions.

(h) All documents that form the basis for the pilot projects that
are developed pursuant to this section shall be posted on the
department’s Internet Web site.

(i) Notwithstanding subdivision (h), findings, recommendations,
and actions resulting from pilot projects shall be publicly accessible
on the board’s Internet Web site, along with copies or links to
public documents that provide additional relevant information,
including the scientific basis for analytical tools, supporting
science, and data that is relied upon in the guidelines.

4565.  

The board, with the assistance of a multidisciplinary
technical advisory committee, and in consultation with the Natural
Resources Agency, the California Environmental Protection
Agency, and other entities, as determined by the board, shall
develop recommendations and adopt regulations, if necessary, for
providing electronic public access to all relevant documents that
assist the department in administering timber harvest regulations,
in ensuring the protection and recovery of forest and watershed
health and productivity, and in monitoring. Watershed-specific
information shall be organized by the CalWater planning
watersheds, which may then be conglomerated into larger
aggregations, as appropriate.

4566.  

(a) The pilot projects required by this article shall be
completed by January 1, 2017.

(b) The findings and recommendations of pilot projects shall
focus on the collection, organization, distribution, and use of
information that will more efficiently and effectively assist
cumulative effect analyses, post harvest monitoring, and forest
restoration activities. The goal of these recommendations shall be
to meet (1) the needs of each of the agencies and the public and
private stakeholders and (2) the criteria of creating efficiencies
and ensuring environmental performance.

(c) The findings and recommendations shall be presented at one
or more public hearings, depending on the scope and spacial extent
of those findings and recommendations. The initial hearing shall
be before the board, with all pilot project-involved agencies
required to be present.

(d) Upon making a finding that the recommendations satisfy
the goals specified in subdivision (b), the board shall implement
the recommendations. If the board determines that regulations are
necessary to implement those recommendations, the board, in
consultation with the department, the Department of Fish and
Wildlife, the State Water Resources Control Board, and the
Department of Conservation, shall adopt the regulations by January
1, 2018.

SEC. 4.  

Section 4629.6 of the Public Resources Code is
amended to read:

4629.6.  

Moneys deposited in the fund shall, upon appropriation
by the Legislature, only be expended for the following purposes:

(a) To reimburse the State Board of Equalization for its
administrative costs associated with the administration, collection,
audit, and issuance of refunds related to the lumber products and
engineered wood assessment established pursuant to Section
4629.5.

(b) To pay refunds issued pursuant to Part 30 (commencing
with Section 55001) of Division 2 of the Revenue and Taxation
Code.

(c) To support the activities and costs of the department, the
Department of Conservation, the Department of Fish and begin delete Game end delete
begin insert Wildlife end insert , the State Water Resources Control Board, and regional
water quality control boards associated with the review of projects
or permits necessary to conduct timber operations. On or after July
1, 2013, except for fees applicable for fire prevention or protection
within state responsibility area classified lands or timber yield
assessments, no currently authorized or required fees shall be
charged by the agencies listed in this subdivision for activities or
costs associated with the review of a project, inspection and
oversight of projects, and permits necessary to conduct timber
operations of those departments and boards.

(d) For transfer to the department’s Forest Improvement
Program, upon appropriation by the Legislature, for forest resources
improvement grants and projects administered by the department
pursuant to Chapter 1 (commencing with Section 4790) and
Chapter 2 (commencing with Section 4799.06) of Part 2 of Division
4.

(e) To fund existing restoration grant programs begin insert , including
programs described in subdivision (b) of Section 6217.1 relating
to salmon and anadromous trout species end insert .

(f) To the department, upon appropriation by the Legislature,
for fuel treatment grants and projects pursuant to authorities under
the Wildland Fire Protection and Resources Management Act of
1978 (Article 1 (commencing with Section 4461) of Chapter 7 of
Part 2 of Division 4).

(g) To the department, upon appropriation by the Legislature,
to provide grants to local agencies responsible for fire protection,
qualified nonprofits, recognized tribes, local and state governments,
and resources conservation districts, undertaken on a state
responsibility area (SRA) or on wildlands not in an SRA that pose
a threat to the SRA, to reduce the costs of wildland fire suppression,
reduce greenhouse gas emissions, promote adaptation of forested
landscapes to changing climate, improve forest health, and protect
homes and communities.