BILL ANALYSIS Ó
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 417 Hearing Date: June 9,
2015
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|Author: |Dahle | | |
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|Version: |February 19, 2015 Introduced |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|William Craven |
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Subject: Forest practices: resource conservation standards.
BACKGROUND AND EXISTING LAW
The following provisions are contained in the Z'Berg-Nejedly
Forest Practice Act of 1973 (FPA):
1)Requires the Board of Forestry and Fire Protection (Board) to
adopt rules and regulations such as the Forest Practice Rules
(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.
2)Requires the Department of Forestry and Fire Protection (CDF)
to oversee the FPA and the FPR in consultation with other
public agencies and the interested public.
3)Within five years after completion of timber operations,
requires either of the following minimum stocking standards
for an area covered by a timber harvest plan.
a) An average point count of 300 per acre, except for site
IV classification or lower (i.e., sites with the lowest
productivity potential), which shall have an average point
count of 150 per acre. (The point count of a tree is
determined by tree size. For example, a tree that is less
than four inches in diameter at breast height counts as one
point. A tree over 12 inches in diameter counts as six
AB 417 (Dahle) Page 2
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points.);
b) An average residual basal area (i.e., the sum of tree
diameter for an acre) of at least 85 square feet per acre,
except for site II classification (i.e., sites with
intermediate productivity potential) or lower, which shall
have the minimum average residual basal area of 50 square
feet per acre.
4)Authorizes the Board to develop alternative stocking standards
for the average point count method of stocking if those
standards address the variables in forest characteristics and
achieve suitable resource conservation, but does not authorize
alternative stocking standards for average residual basal area
method.
PROPOSED LAW
This bill expands the authority of the Board to develop
alternative stocking standards, when necessary, if those
alternative standards reasonably address the variables in forest
characteristics and achieve suitable resource conservation.
ARGUMENTS IN SUPPORT
The author and supporters point out that AB 2082 (Dahle) in 2012
authoirzed the Board to adopt alternative stocking standards
related to the point count, but did not include the same
flexibility with regard to the average residual basal area. AB
417 would provide the Board with the flexibility to adopt
alternative stocking standards on any basis it chooses that
achieve specific conservation goals and objectives.
Other supporters point out that the flexibility provided by the
bill would help deal with the variability of climate change in
forestlands.
ARGUMENTS IN OPPOSITION
None receive.
COMMENTS
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The author's intent was to make sure that the flexibility given
to the Board, provided in this measure, would require a
rulemaking procedure to define specific forest health and
ecological goals. The technical amendment would accomplish that
objective.
SUGGESTED AMENDMENTS
AMENDMENT 1
4561.2. Notwithstanding Section 4561.1 or the resource
conservation standards relating to stocking pursuant to Section
4561, the board may adopt alternative stocking standards that
meet the purposes of Section 4561 if those alternative standards
reasonably address the variables in forest characteristics and
achieve suitable resource conservation provided such standards
contribute to specific forest health and ecological goals as
defined by the Board.
SUPPORT
Board of Forestry and Fire Protection
California Forestry Association
Central Coast Forest Association
Humboldt Redwood Company and Mendocino Redwood Company
OPPOSITION
None Received
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