BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2029| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2029 Page 2 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; AB 2029 Page 3 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 AB 2029 Page 4 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 AB 2029 Page 5 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 AB 2029 Page 6 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 AB 2029 Page 7 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 **** END ****