BILL ANALYSIS Ó AB 2029 Page 1 Date of Hearing: April 18, 2016 ASSEMBLY COMMITTEE ON NATURAL RESOURCES Das Williams, Chair AB 2029 (Dahle) - As Amended March 18, 2016 SUBJECT: Timber harvesting plans: exemptions SUMMARY: Extends the Forest Fire Prevention Pilot Project (Pilot) from January 1, 2018 to January 1, 2023, and expands it by allowing road construction and larger trees to be harvested in forest land without a timber harvest permit (THP). EXISTING LAW, pursuant to the Z'Berg-Nejedly Forest Practice Act (FPA): 1)Prohibits timber operations unless a THP has been prepared by a registered professional forester (Forester) and approved by the Department of Forestry and Fire Protection (CAL FIRE). 2)Considers a THP the functional equivalent of an environmental impact report (EIR) under the California Environmental Quality Act (CEQA). 3)Requires a THP to contain a description of the location of the planned harvest, the harvest method, measures to avoid excessive erosion, timeframe of operations, and other information required by forest practice rules (FPR) adopted by the Board of Forestry and Fire Protection (Board). AB 2029 Page 2 4)Authorizes the Board to develop alternative stocking standards for the average point count method and the average residual basal area of stocking if those standards address the variables in forest characteristics and achieve suitable resource conservation. 5)Requires any person who owns timberlands that are to be devoted to uses other than the growing of timber to file a timberland conversion permit with the Board. Prohibits the Board from approving a timberland conversion permit unless the Board makes written findings. 6)Exempts various tree removal activities from THPs, including Christmas tree farms, rights-of-way for utility lines, conversions of less than three acres, fire prevention, defensible space, and dead, dying and diseased trees. Requires ministerial permits for certain exemptions, called a notice of exemption (NOE), and subjects projects to inspection by CAL FIRE. 7)Creates an exemption from THP known as the Pilot Exemption. Limits harvesting under the exemption to the following: a) Only trees less than 24 inches in stump diameter; b) Tree harvesting must decrease fuel continuity and increase quadratic mean diameter of the stand; c) No new road construction or reconstruction; d) No known sites of rare, threatened, or endangered plants or animals will be disturbed, threatened, or damaged; and, AB 2029 Page 3 e) The activates are limited to the Sierra Nevada Region or the Counties of Del Norte, Humboldt, Mendocino, Modoc, Sonoma, Siskiyou, or Trinity. 8)Requires CAL FIRE to maintain records regarding the use of exemptions granted in order to evaluate the impact of the exemptions on fuel reduction and natural resources in areas where an exemption has been used. 9)Requires CAL FIRE to conduct an onsite inspection to determine compliance with the Pilot. 10)Sunsets the Pilot three years after the effective date of regulations adopted by the Board (January 1, 2018). THIS BILL: 1)Makes various findings about tree mortality and the benefits of thinning forests. 2)Extends the Pilot until January 1, 2023, and makes the following changes: a) Allows the construction or reconstruction of temporary roads of 600 feet or less; b) Increases size of trees allowed to be harvested to less than 28 inches; and, AB 2029 Page 4 c) Expands areas where harvest activities may be conducted to the Counties of Alpine, Amador, Butte, Calaveras, Del Norte, El Dorado, Fresno, Humboldt, Inyo, Kern, Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Trinity, Tulare, Tuolumne, or Yuba. FISCAL EFFECT: Unknown COMMENTS: 1)Background. California has regulated forest practices on private lands since at least 1945. The Legislature assessed the effectiveness of this approach and concluded that the industry could not be relied on to ensure proper water quality, forest health, and adequate timber supply. In 1957, the state Senate Interim Committee on Soil and Beach Erosion found that timber harvesting and logging road construction contributed to stream erosion and resultant impacts to fish populations. In 1962, the Assembly Interim Committee on Natural Resources, Planning, and Public Works concluded that timber regulations were inadequately enforced, leading to deleterious effects on water quality, fishing, and recreation. In 1967, after three years of study, the Assembly Subcommittee on Forest Practices and Watershed Management recommended that the basic state policy governing forest practices should be broadened and strengthened. These collective findings, coupled with a 1971 report that identified logging as a primary factor in an 80% decline of salmon and steelhead populations, motivated the Legislature to pass the FPA in 1973. The FPA requires THPs, which are a complex discretionary permit that acts as an EIR under CEQA. AB 1492 (Committee on Budget), Chapter 289, Statutes of 2012, AB 2029 Page 5 extended the life of THPs from three years to five years with an option for a two-year extension. AB 1492 also shifted state fees for a THP to an assessment on all lumber products to fund agency review. However, a THP can still cost landowners tens of thousands of dollars to prepare. 2)Author's statement: The Forest Fire Prevention Pilot Program regulations took effect January 2015. Since then 2087 acres have been treated. During this time a few issues have come up in regards to access, counties eligible, diameter and the sunset. We propose allowing a temporary access road up to 600 feet in order to allow access to hard to reach stands in order to be able to treat more acres. We realized in doing AB 744 we neglected to capture complete counties so we want to correct this by including the whole county of the existing list, no new counties are being added. Another issue has come up in regards to older stands. These stands have larger trees and are much more dense. In order to be able to utilize the exemption and treat more land we would like to see a diameter increase to 28 inches. This will allow older stands to be treated while still keeping the overall stand diameter increasing. In light of these adjustments we want to make, we would like to extend the sunset out another 5 years to 2022 in order to get a more concise accounting of how it's working. 3)Pilot. Since 2015, there have been 16 Pilot projects treating the forest to prevent fire with one violation for harvesting trees over 24 inches. CAL FIRE has not yet evaluated whether the Pilot has been effective at preventing fires. CAL FIRE has also not been able to demonstrate that overall diameter is increasing on areas AB 2029 Page 6 using the exemption. As an exemption, CAL FIRE has no ability to work with applicants to ensure projects are strategically located to be most effective in fire prevention. The exemption has also been used mostly by large timber operators who are in a better positon to afford conducting a THP than small land owners. Therefore, it is unclear what the value of the Pilot has been. However, the Pilot has only been in effect for a year and half. One reason it might not be used more frequently is because of the tree mortality crisis. Forest land owners may be using the dead, dying, and diseased trees exemption instead because so many trees qualify for it. 4)This bill. This bill is intended to make the Pilot more attractive to forest land owners by increasing the size of trees they can harvest and allowing them to build roads into forest land without a THP. NOE's are ministerial permits, and therefore if the NOE meets the requirements of forest practice rules, CAL FIRE must approve it. This leaves CAL FIRE in the position of only really understanding what happened in the harvest when inspecting it after it has already been conducted. Larger trees hold more commercial value and increase the chances of projects being driven for commercial purposes rather than forest health. Conducting thinning operations in larger, older forests increases the chances of harm to sensitive wildlife. The author and committee may wish to consider amending the bill to reduce the increase in diameter of trees that can be harvested. Allowing roads in forested areas without a THP creates sediment issues in coastal streams, which will have impacts on salmon and other fish species. The author and committee may wish to consider amending the bill to limit road construction on sloped areas that are a high risk for erosion. This committee has heard numerous exemptions to THPs in the past several years. The effectiveness of these exemptions has not been evaluated, and it is unclear why AB 2029 Page 7 CAL FIRE's Modified THP for Fuel Hazard Reduction cannot be used to deal with fire prevention projects. The modified THP is less onerous than a normal THP and allows CAL FIRE to review projects. As the bill moves forward the author may wish to consider asking CAL FIRE to evaluate the Pilot and the modified THP, and make recommendations on how to improve both. 5)Prior/Related legislation. AB 1958 (Wood) exempts the removal of trees from THP requirements if the purpose of the harvest is to restore and conserve California black or Oregon white oak woodlands and associated grasslands. This bill clarifies that restoration and conservation forest management activities do not require a timber conversion permit. This bill is awaiting hearing in the Assembly Appropriations Committee. AB 744 (Dahle), Chapter 647, Statutes of 2013, creates the Pilot, which is a 3-year pilot project focused on the Sierra Nevada Region that allows the removal of trees less than 24 inches in stump diameter, with specific limitations designed to reduce fire risk and protect natural and archeological resources. AB 2142 (Chesbro), Chapter 307, Statutes of 2014, adds Del Norte, Humboldt, Mendocino, and Sonoma Counties to the Pilot created by AB 744. REGISTERED SUPPORT / OPPOSITION: AB 2029 Page 8 Support American Insurance Association Calforests California Cattlemen's Association California Chamber of Commerce California Farm Bureau Federation California Ski Industry Association California Licensed Foresters Association California State Association of Counties Central Coast Forest Association Forest Landowners of California Forest Products industry National Labor Management Committee Green Diamond Resource Company AB 2029 Page 9 Humboldt Redwood Company Mendocino Redwood Company Michigan-California Timber Company Pacific Gas and Electric Company Personal Insurance Federation of California Property Casualty Insurers Association of America Rural County Representatives of California Sierra Pacific Industries SMUD Soper-Wheeler Company Opposition Center for Biological Diversity AB 2029 Page 10 Ebbetts Pass Forest Watch Environmental Protection Information Center Sierra Club Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092