BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2029


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          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).








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          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,








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             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,









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             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,  








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            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  








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            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  








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            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:









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          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









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          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









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          Ebbetts Pass Forest Watch


          Environmental Protection Information Center
          Sierra Club 




          Analysis Prepared by:Michael Jarred / NAT. RES. / (916) 319-2092