BILL ANALYSIS Ó AB 875 Page 1 Date of Hearing: April 29, 2013 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Wesley Chesbro, Chair AB 875 (Chesbro) - As Amended: April 22, 2013 SUBJECT : Forest management SUMMARY : Requires two watershed pilot projects with the primary goal of improving the state's collection, organization, management, use, and distribution of vital forestry-related information. For funding of existing restoration grant programs under AB 1492 (Blumenfield, 2012), gives priority to an existing grant program for coastal salmon and steelhead fishery protection and restoration projects. 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 in current and future generations alike. 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 AB 875 Page 2 harvest plans (THPs), Nonindustrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs), and other types of plans related to timber operations on private lands in California. d) Requires the 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) CALFIRE, (b) the appropriate California Regional Water Quality Control Board, (c) the Department of Fish and Wildlife, (d) the Department of Conservation, Division of Mines and Geology, (e) a representative of county government (when the county government so requests), (f) the California Coastal Commission (for plans in the coastal zone), (g) the California Tahoe Regional Planning Agency (for plans in the Tahoe Basin), and (h) the Department of Parks and Recreation (for plans that may affect values in publicly owned parks). e) Preserves the power of any state agency (such as a Regional Water Quality Control Board or Department of Fish and Wildlife) 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 AB 1492 (Blumenfield, 2012): a) Establishes a one percent assessment on lumber products sold in the state. The primary purpose of this assessment is to ensure sustainable funding for the state's forest practice program. In addition, AB 1492 allows a portion of the additional revenues from the lumber assessment to go toward "existing restoration grant programs." b) Requires the state to assess efficiencies in the forest practice program and the effectiveness of spending by developing a set of measures for, and a plan for collection of data on, the program that, among other things, includes evaluation of ecological performance. 3)Pursuant to the California Environmental Quality Act (CEQA), a AB 875 Page 3 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)Pilot Projects. Requires two watershed pilot projects with the primary goal of improving the state's collection, organization, management, use, and distribution of vital forestry-related information. a) Pilot Project Assessment Team. i) By July 1, 2014, requires the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection, in consultation with the state's timber harvest plan review agencies, relevant federal agencies, and qualified stakeholders from the timber industry and environmental and science communities, to select a pilot project assessment team to undertake two watershed pilot projects with the primary goal of improving the state's collection, organization, management, use, and distribution of vital forestry-related information. ii) Before selecting the pilot project assessment team, requires the Secretary of the Natural Resources Agency and the Secretary for Environmental Protection to hold at least one public meeting to discuss the assessment team selection process and the general manner in which the team will approach the projects. This meeting shall occur at a special session hearing of the Board. iii) Requires the pilot project assessment team to include all of the following: (1) Two representatives from each state agency that is regularly involved in the timber harvest review process. If feasible, each agency shall have representatives who, collectively, have expertise in the sciences and art of cumulative impacts and the collection and organization of data; AB 875 Page 4 (2) If available, qualified representatives from federal agencies involved in forestry issues; (3) Two qualified representatives from the environmental community; (4) Two qualified representatives from the timber industry; (5) Two registered professional foresters, one of whom shall have experience with preparing harvest plans for landowners who are not primarily engaged in the manufacture of forest products; (6) Two scientists, including, but not limited to, qualified fisheries and wildlife biologists; and (7) Two individuals from the watershed restoration practitioners community. iv) For each group of representatives, requires there to be one person who has experience with forestry issues in the Coast Forest District and one person who has experience with forestry issues in the Northern Forest District. v) Authorizes the Board to reimburse members of the pilot project assessment team for their actual and necessary expenses incurred in the performance of official business related to the pilot projects. Members of the pilot project assessment team shall not receive more than five thousand dollars ($5,000) in any fiscal year. A public employee whose participation is consistent with his or her job description is not entitled to reimbursement. b) Pilot Project Scope. i) By July 1, 2015, requires the pilot project assessment team to undertake two pilot projects, one in a Coast Forest District watershed containing Central California Coast Coho Salmon and one in a Northern Forest District watershed in the Sierra Nevada, with the primary goal of improving the state's collection, organization, management, use, and distribution of vital AB 875 Page 5 forestry-related information. ii) Requires the pilot project to accomplish all of the following: (1) Make the evaluation and response to cumulative impacts credible and effective; (2) Enable restoration measures to be identified for listed anadromous salmonids, other wildlife, watersheds, and forest health issues; and (3) Determine appropriate and effective post-harvest monitoring procedures and standards. iii) Requires the pilot projects to have a focus on (1) developing efficiencies and cost savings for state agencies and landowners and (2) improving the evaluation of ecological performance. The pilot project assessment team may use 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 other pertinent reports, programs, and documents as guidance to the extent that they do not conflict with this article. iv) Requires the pilot projects to take place on a CalWater Planning Watershed level. The pilot project assessment team shall select watersheds that (1) are representative of both private and public trust values and (2) will produce analyses that are transferable to other watersheds. v) Requires the pilot projects to establish, to the extent feasible, templates, consistent symbology, uniform mapping requirements, and other requirements to bring information together (1) in a publically accessible electronic database and (2) in a manner that meets the basic needs of all stakeholders to make decisions on environmental conditions and impacts. AB 875 Page 6 vi) By January 1, 2015, requires the pilot project assessment team to develop a draft plan explaining the scope and process of the pilot projects and hold at least one public hearing to discuss the draft plan and take public comment. vii) Requires the pilot projects to conclude on July 1, 2017. c) Pilot Project Findings, Conclusions, and Recommendations. i) By January 1, 2018, requires the pilot project assessment team to complete a draft report of its findings, conclusions, and recommendations and hold at least one public meeting to discuss the draft report and take public comment. This public meeting shall occur at a special session hearing of the Board. ii) Requires the pilot project assessment team's recommendations to include all of the following: (a) Measures to develop a centralized database system that will meet the goals and focus described in the "Pilot Project Scope" section described above; (b) Guidance on how to incorporate the centralized database system into processes that will meet the goals described in the "Pilot Project Scope" section described above; and (c) Identification of any impediments to implementing these recommendations. iii) By July 1, 2018, requires the pilot project assessment team to have completed the final report of its findings, conclusions, and recommendations and hold a public meeting, no later than September 1, 2018, to discuss the final report. Prior to a public meeting, the pilot project assessment team shall, at a minimum, make its report and any supporting documents available to the public through the department's Internet Web site. iv) No later than August 1, 2018, requires the pilot AB 875 Page 7 project assessment team to deliver copies of the final report to the Legislature. 2)Restoration Grant Funding. For funding of existing restoration grant programs under AB 1492, gives priority to the existing grant program operated by the fisheries management program of the Department of Fish and Wildlife for coastal salmon and steelhead fishery protection and restoration projects. FISCAL EFFECT : Unknown COMMENTS : 1)Background and Purpose of the Bill. Last year, the Legislature passed AB 1492, a landmark bill for the state's timber harvest program and forest environment. AB 1492 established a one percent assessment on lumber products sold in the state. The primary purpose of this assessment is to ensure sustainable funding for the state's forest practice program. In addition, AB 1492 allows a portion of the additional revenues from the lumber assessment to go toward "existing restoration grant programs." This bill specifies that in funding "existing restoration grant programs," priority shall be given to the Department of Fish and Wildlife's Fisheries Restoration Grant Program (FRGP), which is a successful grant program with low administrative costs that was established in response to rapidly declining populations of wild salmon and steelhead trout and deteriorating fish habitat in California. There is a significant nexus between forestry and the health of fish habitat, which is why it is appropriate to utilize AB 1492 funds for the FRGP. AB 1492 also requires the state to assess efficiencies in the forest practice program and the effectiveness of spending by developing a set of measures for, and a plan for collection of data on, the program that, among other things, includes evaluation of ecological performance. The state and federal governments, as well as landowners and forest restoration professionals, maintain and use various databases that are disconnected from each other and do not AB 875 Page 8 contain uniform symbology, mapping standards, etc. If this information was centralized and standards were set for making the various forms of information compatible with each other, there could be serious advances in cumulative effects analysis, forest restoration, and post harvesting monitoring. These advances would create cost savings to all stakeholders, efficiencies in the regulatory review process, and help better evaluate ecological performances, which are all goals of AB 1492. This bill establishes pilot projects that will determine ways to centralize vital forestry data and standardize information. The pilot projects will then inform the state on how to develop a centralized forest database that will help (1) make the evaluation and response to cumulative impacts credible and effective; (2) enable restoration measures to be identified for listed anadromous salmonids, other wildlife, watersheds, and forest health issues; and (3) determine appropriate and effective post-harvest monitoring procedures and standards. 2)A Multi-Stakeholder Process. In December 2011, a multi-stakeholder timber harvest working group was convened to discuss various ways to address timber harvesting issues in the state. The author of this bill co-chaired the working group. The working group, which contributed to the passage of AB 1492, has held 18 meetings. This bill includes provisions that were suggested by several members of the working group representing different groups. REGISTERED SUPPORT / OPPOSITION : Support California Trout Forests Forever Trout Unlimited Opposition Forest Products Industry National Labor Management Committee Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916) 319-2092 AB 875 Page 9