BILL NUMBER: AB 1504	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 13, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Skinner
    (   Principal coauthor:   Assembly Member
  Chesbro   ) 

                        FEBRUARY 27, 2009

   An act to amend Sections 4512 and 4513 of, to add Section 4512.5
to, and to add Chapter 3 (commencing with Section 4040) to Part 1 of
Division 4 of, the Public Resources Code, relating to forest
resources.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1504, as amended, Skinner. Forest resources: carbon
sequestration.
   The Z'berg-Nejedly Forest Practice Act of 1973, which regulates
timber harvesting, contains legislative findings and declarations
relative to forest resources, including a declaration that it is the
policy of the state to encourage prudent and responsible forest
resource management calculated to serve the public's need for timber
and other forest products, while giving consideration to other
specified public needs. The act also states the Legislature's intent
to create and maintain an effective and comprehensive system of
regulation and use of all timberlands to assure that the goal of
maximum sustained production of high quality timber products is
achieved while giving consideration to specified values.
   This bill would include in that list of specified public needs and
that list of specified values sequestration of carbon dioxide. The
bill also would make other legislative findings and declarations
relative to carbon dioxide sequestration as it relates to forests.
   The bill would require the Department of Forestry and Fire
Protection, in consultation with the State Air Resources Board, by
March 1, 2012   2011  , to assess the
capacity of its forest and rangeland regulations and nonregulatory
forestry programs to meet or exceed the state's greenhouse gas
reduction goals, consistent with the scoping plan adopted by the
board pursuant to the California Global Warming Solutions Act of
2006. The department would be required to publish a draft assessment
by December 1,  2011   2010  , for public
review and comment. The bill would require the board, in consultation
with the department, to convene an independent panel to peer-review
the draft assessment, and would require the department to incorporate
the panel's findings and recommendations or describe in writing the
reasons for rejecting a finding or recommendation.  The bill
would provide that the implementation of these requirements is
contingent upon the receipt of sufficient funding. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 3 (commencing with Section 4040) is added to
Part 1 of Division 4 of the Public Resources Code, to read:
      CHAPTER 3.  FORESTS AND CARBON EMISSIONS


   4040.  (a) The department, in consultation with the State Air
Resources Board, by March 1,  2012   2011 
, shall assess the capacity of its forest and rangeland regulations
and nonregulatory forestry programs to meet or exceed the state's
greenhouse gas reduction goals, consistent with the scoping plan
adopted by the State Air Resources Board pursuant to the California
Global Warming Solutions Act of 2006 (Division 25.5 (commencing with
Section 38500) of the Health and Safety Code). The department shall
consider at least all of the following in its assessment:
   (1) Whether relevant statutory or regulatory requirements
governing a timber harvesting plan, sustained yield plan or its
equivalent, nonindustrial timber management plan, or any other
discretionary approval for timber harvesting are sufficient to ensure
a net reduction or sequestration of carbon emissions from primary
forest carbon sources, sinks, or reservoirs.
   (2) Whether regulations governing conversion of timberland, as
defined by Section 4526, and forest land, as defined by subdivision
(g) of Section 12220, to nontimber and nonforest uses are sufficient
to offset lost sequestration capacity and carbon emissions associated
with the nontimber use.
   (3) Whether forest growth, harvest, and conversion information
obtained through the department's regulatory and nonregulatory
programs and other local, state, and federal sources is sufficient
and reliable in tracking changes to carbon stocks, including net
emissions and reductions, across the state's forested landscape.
   (b) (1) By December 1,  2011   2010  ,
the department shall publish a draft assessment, including any
recommendations, for public review and comment. The period for public
review and comment shall be at least 30 days.
   (2) The State Air Resources Board, in consultation with the
department, shall convene an independent panel of at least three
qualified experts to peer-review the draft assessment. The State Air
Resources Board shall select at least two of the experts from
academia.
   (3) The department shall incorporate the panel's findings and
recommendations or describe in writing the reasons, based on
substantial evidence, for rejecting a finding or recommendation.
   (c) (1) For the purposes of this section, "net reduction or
sequestration of carbon emissions" means an increase in carbon stocks
over time of a primary forest carbon source, sink, or reservoir,
compared to a baseline.
   (2) For the purposes of this section, "primary forest carbon
source, sink, or reservoir" includes standing live or dead trees,
soil, shrubs and herbaceous understory, lying dead wood, litter,
duff, and forest products. 
   (d) This section shall be implemented only if the department
receives sufficient funding from the State Air Resources Board
pursuant to Section 38597 of the Health and Safety Code or from any
other public or private source. 
  SEC. 2.  Section 4512 of the Public Resources Code is amended to
read:
   4512.  (a) The Legislature hereby finds and declares that the
forest resources and timberlands of the state are among the most
valuable of the natural resources of the state and that there is
great concern throughout the state relating to their utilization,
restoration, and protection.
   (b) The Legislature further finds and declares that the forest
resources and timberlands of the state furnish high-quality timber,
recreational opportunities, and aesthetic enjoyment while providing
watershed protection and maintaining fisheries and wildlife.
   (c) The Legislature thus declares that it is the policy of this
state to encourage prudent and responsible forest resource management
calculated to serve the public's need for timber and other forest
products, while giving consideration to the public's need for
watershed protection, fisheries and wildlife, sequestration of carbon
dioxide, and recreational opportunities alike in this and future
generations.
   (d) It is not the intent of the Legislature by the enactment of
this chapter to take private property for public use without payment
of just compensation in violation of the California and United States
Constitutions.
  SEC. 3.  Section 4512.5 is added to the Public Resources Code, to
read:
   4512.5.  The Legislature finds and declares all of the following:
   (a) State forests play a critical and unique role in the state's
carbon balance by sequestering carbon dioxide from the atmosphere and
storing it long term as carbon.
   (b) Globally, deforestation is responsible for about 20 percent of
anthropogenic greenhouse gas emissions. However, forests are also
the most expandable long-term carbon dioxide sinks.
   (c) According to the scoping plan adopted by the State Air
Resources Board pursuant to the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), the state's forests currently are an annual
net sequester of five million metric tons of carbon dioxide
(5MMTCO2). In fact, the forest sector is the only sector included in
the scoping plan that provides a net sequestration of greenhouse gas
emissions.
   (d) The scoping plan proposes to maintain the current 5MMTCO2
annual sequestration rate through 2020 by implementing "sustainable
management practices," which include potential changes to existing
forest practices and land use regulations.
   (e) There is increasing evidence that climate change has and will
continue to stress forest ecosystems, which underscores the
importance of proactively managing forests so that they can adapt to
these stressors and remain a net sequester of carbon dioxide.
   (f) The board, the department, and the State Air Resources Board
should strive to go beyond the status quo sequestration rate and
ensure that their policies and regulations reflect the unique role
forests play in combating climate change.
  SEC. 4.  Section 4513 of the Public Resources Code is amended to
read:
   4513.  It is the intent of the Legislature to create and maintain
an effective and comprehensive system of regulation and use of all
timberlands so as to  assure   ensure  both
of the following:
   (a) Where feasible, the productivity of timberlands is restored,
enhanced, and maintained.
   (b) The goal of maximum sustained production of high-quality
timber products is achieved while giving consideration to values
relating to sequestration of carbon dioxide, recreation, watershed,
wildlife, range and forage, fisheries, regional economic vitality,
employment, and aesthetic enjoyment.