BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2029|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
          |327-4478                          |                              |
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                                   THIRD READING 


          Bill No:  AB 2029
          Author:   Dahle (R), Gordon (D) and Wood (D)
          Amended:  8/16/16 in Senate
          Vote:     21 

           SENATE NATURAL RES. & WATER COMMITTEE:  7-0, 6/28/16
           AYES:  Pavley, Stone, Hertzberg, Hueso, Jackson, Monning, Vidak
           NO VOTE RECORDED:  Allen, Wolk

           SENATE APPROPRIATIONS COMMITTEE:  6-0, 8/11/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza, Nielsen
           NO VOTE RECORDED:  Bates

           ASSEMBLY FLOOR:  80-0, 6/1/16 - See last page for vote

           SUBJECT:   Timber harvesting plans:  exemptions


          SOURCE:    Author

          DIGEST:   This bill extends the Forest Fire Prevention Pilot  
          Project (Pilot Project) from January 1, 2018 to January 1, 2021,  
          expands the diameter of larger trees that could be harvested on  
          forest land without a timber harvest plan and requires a report  
          to the Legislature, as specified. 


          ANALYSIS:     Existing law, pursuant to the Z'Berg-Nejedly  
          Forest Practice Act and other statutes:


          1)Prohibits timber operations unless a timber harvest plan (THP)  
            has been prepared by a registered professional forester and  








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            approved by the Department of Forestry and Fire Protection  
            (CDF).   


          2)Considers a THP to be the functional equivalent of an  
            environmental impact report (EIR) under the California  
            Environmental Quality Act.


          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 adopted by the  
            Board of Forestry and Fire Protection (Board).


          4)Establishes numerous statutory exemptions from the above  
            provisions that include 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. 


          5)Provides that these exemptions do not require the interagency  
            review that is required of THPs, and they are often approved  
            ministerially based only on a submission from the landowner or  
            a registered professional forester hired by the landowner.  
            Such submissions are called a notice of exemption.


          6)Provides a separate exemption for the emergency removal of  
            fuel hazards that allows for trees to be removed that are up  
            to 30 inches in diameter without a THP.   


          7)Names one of these exemptions as the Forest Fire Prevention  
            Pilot Project.   This Pilot Project exemption is subject to  
            the following restrictions on harvesting as well as other  
            conditions: 


             a)   Only trees less than 24 inches in stump diameter are  
               eligible;








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             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; 


             e)   The activities are limited to the Sierra Nevada Region  
               or the Counties of Del Norte, Humboldt, Mendocino, Modoc,  
               Sonoma, Siskiyou, or Trinity; 


             f)   CDF is required to conduct an onsite inspection after  
               harvest operations to determine compliance with the  
               provisions of this exemption; 


             g)   The exemption may be used on parcels of 300 acres or  
               less; and


             h)   The Pilot Project sunsets three years after the  
               effective date of regulations adopted by the Board which in  
               this case is January 1, 2018. 


          This bill extends the Pilot Project from January 1, 2018 to  
          January 1, 2021, expands the diameter of larger trees that could  
          be harvested on forest land without a THP and requires a report  
          to the Legislature, as specified.


          Comments


          Accountability and the legislative report.  CDF and the Board  
          are required to review and submit a report to the Legislature  
          regarding the Pilot Project and exemptions, among other things,  
          by December 31, 2017.  Should the report not be submitted, the  







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          appropriate Senate Budget Sub-Committee or the Senate Natural  
          Resources and Water Committee are required to hold a hearing.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee, this bill has  
          unknown costs (Timber Regulation and Forest Restoration Fund),  
          to the CDF.


          SUPPORT:   (Verified8/15/16)


          American Insurance Association
          Associated California Loggers
          CAL FIRE Local 2881
          Calforests
          California Cattlemen's Association
          California Chamber of Commerce
          California Farm Bureau Federation
          California Licensed Foresters Association
          California Professional Firefighters
          California Ski Industry Association
          California State Association of Counties
          Forest Landowners of California
          Forest Products Industry National Labor Management Committee
          Green Diamond Resource Company
          Lyme Redwood Forest Company
          Michigan-California Timber Company
          Pacific Forest Trust
          Pacific Gas and Electric Company
          Personal Insurance Federation of California
          Placer Land Trust
          Property Casualty Insurers Association of America
          Roseburg
          Rural County Representatives of California
          Sierra Business Council
          Sierra Foothill Conservancy 
          Sierra Pacific Industries







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          SMUD
          Soper-Wheeler Company
          Truckee Donner Land Trust
          W.M. Beaty & Associates
          One individual


          OPPOSITION:   (Verified8/15/16)


          California Native Plant Society
          Center for Biological Diversity
          Ebbetts Pass Forest Watch
          Environmental Protection Information Center
          Sierra Club California


          ARGUMENTS IN SUPPORT:  According to the author, the Pilot  
          Project has thus far treated about 2,000 acres and those who  
          have used the exemption have reported barriers which include:  
          (1) lack of access to land which is why the author seeks  
          language to include a road construction amendment; (2) lands in  
          counties that have some lands within the boundaries of the  
          Sierra Nevada Conservancy but some lands not within the  
          conservancy are unable to use the exemption on those lands not  
          within the conservancy's boundaries; (3) the diameter limitation  
          of 24 inches is too restrictive; and (4) the 2018 sunset is fast  
          approaching and California continues to face a high risk of  
          catastrophic wildfire.
          Numerous other supporters include timber companies and others in  
          the timber business, regional organizations and land trusts from  
          the Sierra, firefighter organizations, landowner associations,  
          and others all of whom make basically the same points: 

          1)Too much of California's forests are unnaturally dense because  
            of decades of fire suppression. The treatment authorized by  
            the exemption could help improve the resilience of  
            California's forests to fire, pests, and disease. 

          2)Forest jobs are important in rural counties and offer a  
            counterpoint to the trend of the underground drug economy. 

          3)The ongoing drought is damaging forests with a huge die-off of  
            trees. If consumed by wildfires, not only will the result be  







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            greenhouse gas emissions, but the ability of the forests to  
            sequester carbon and provide other environmental benefits such  
            as wildlife habitat and contributions to the state's water  
            supply will be adversely affected. 

          4)Two companies that used the exemption, Beaty and Associates  
            and Green Diamond, complained that the exemption is  
            economically infeasible, in part because the prohibition on  
            harvesting larger diameter trees could not then offset the  
            costs of removing smaller diameter trees. In two other  
            situations, the companies said that the 24 inch limitation  
            prevented the removal of unhealthy or overstocked trees that  
            were greater than 24 inches in diameter. 


          ARGUMENTS IN OPPOSITION:   There is significant opposition to  
          this bill from three environmental organizations with extensive  
          forestry experience: the Sierra Club, the Environmental  
          Protection Information Center, and the Center for Biological  
          Diversity. Their points include: 

          1)The alleged benefits of thinning forests are scientifically  
            disputed although there is general agreement that removing  
            small diameter trees that are densely packed together have  
            positive benefits on reducing fire risk. 

          2)Larger trees are more resilient to fire, and provide numerous  
            environmental benefits, including carbon sequestration, so  
            expanding the diameter of trees is counter-intuitive, except  
            for their commercial value as logs. Large trees serve as a  
            seed source following a fire. 

          3)The proposed increase in tree diameter smacks of commercial  
            logging without any environmental review. 

          4)Removal of larger trees increases the likelihood that more  
            flammable ground vegetation and smaller trees will  
            proliferate. 

          5)Larger trees are already in short supply because of  
            over-logging, and removing more of them will impair forest  
            health in many stands. 
          6)This bill is premature and, although the exemption has been  
            expanded by previous legislation, there has been no evaluation  







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            of the exemption by CDF. 


          ASSEMBLY FLOOR:  80-0, 6/1/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,  
            Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,  
            Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth  
            Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper,  
            Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim,  
            Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,  
            Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,  
            O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,  
            Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,  
            Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

          Prepared by:William Craven / N.R. & W. / (916) 651-4116
          8/16/16 18:04:06


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