BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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               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  








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            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;









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                  (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  








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                 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.









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               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  








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                 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  








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            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 









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