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 ----------------------------------------------------------------- |Author: |Dahle | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |February 19, 2015 Introduced | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|William Craven | | | | ----------------------------------------------------------------- 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 of ? 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 AB 417 (Dahle) Page 3 of ? 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 -- END --