BILL ANALYSIS Ó AB 2029 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 2029 (Dahle, et al.) As Amended August 16, 2016 Majority vote -------------------------------------------------------------------- |ASSEMBLY: |80-0 |(June 1, 2016) |SENATE: | 39-0 |(August 23, | | | | | | |2016) | | | | | | | | | | | | | | | -------------------------------------------------------------------- Original Committee Reference: NAT. RES. SUMMARY: Extends the Forest Fire Prevention Pilot Project (Pilot) from January 1, 2018 to January 1, 2021, and expands it by allowing larger trees to be harvested in forest land without a timber harvest permit (THP). The Senate amendments: 1)Remove authorization of construction or reconstruction of temporary roads of 600 feet or less. 2)Shorten the sunset extension from January 1, 2023 to January 1, 2021. 3)Require, on or before December 31, 2017, Department of AB 2029 Page 2 Forestry and Fire Protection (CAL FIRE) and the Board of Forestry and Fire Protection (Board) to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of the exemptions from THPs. Require the report to also include recommendations on how to improve the use of those exemptions. 4)Specify that expansion of areas where pilot activities may take place and the expansion in the size of trees that maybe harvested do not take effect until CAL FIRE completes its report or January 1, 2018, whichever occurs first. 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 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. 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. AB 2029 Page 3 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, 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 AB 2029 Page 4 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). FISCAL EFFECT: Unknown COMMENTS: 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 (Budget Committee), Chapter 289, Statutes of 2012, 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. AB 2029 Page 5 Since 2015, there have been 27 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 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, this bill requires an evaluation of this exemption and recommendations to improve the use of exemptions. Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0004528