BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2360
                                                                  Page  1

          Date of Hearing:   May 5, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   AB 2360 (Chesbro) - As Amended:  April 12, 2010 

          Policy Committee:                              Natural  
          ResourcesVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill dedicates funds in the Forest Resources Improvement  
          Fund (FRIF) to forest uses and ends the requirement that  
          excesses be deposited in the General Fund (GF). Specifically,  
          this bill: 

          1)Deletes the requirement that money in excess of the amount  
            needed to support operations of state demonstration forests be  
            deposited in the GF.

          2)Expands allowable uses of FRIF to include: 

               a.     Implementation of approved forest management plans  
                 of demonstration state forests. 
               b.     Public education, research, and monitoring  
                 activities related to demonstration state forests.
               c.     Cost for California Department of Forestry and Fire  
                 Protection (CDF) administration of state demonstration  
                 forests.

          3)Adds several revenue sources-leases, rent, fees, firewood, and  
            permits-to those providing funding to the FRIF.  Current law  
            lists only two specific sources of revenue to the FRIF:   
            repayment of loans and the sale of forest products produced in  
            state demonstration forests.

          4)Allows the director of CDF to accept funds, to be deposited in  
            the FRIF, received from any source, including mitigation funds  
            from a party responsible for illegal ignition of a wildfire  
            that caused adverse environmental effects.









                                                                  AB 2360
                                                                  Page  2

          5)Authorizes a reserve to occur in the FRIF when balances exceed  
            appropriated expenditures.

          6)Provides that if the GF does not provide CDF funding for pest  
            management, state nurseries and seed banks, forest  
            improvement, urban forestry, vegetation management, and fire  
            and resource assessment programs at the same level or higher  
            than the previous budget year, the program funding shortfall  
            may be made whole with money from the FRIF reserve, upon  
            appropriation by the Legislature through the annual Budget  
            Act.

           FISCAL EFFECT
           
          1)Potential GF revenue loss from excess FRIF funds no longer  
            being deposited in the GF.  CDF reports there has never been  
            an excess balance in the FRIF, however, excess FRIF balances  
            may develop in future years as harvesting resumes in Jackson  
            Forest, the largest state demonstration forest.
          2)Potential funding stability to CDF's forestry programs, which  
            will be able to offset future GF program cuts with FRIF  
            balances, should any come to exist.

          3)Absorbable costs to CDF administer FRIF revenues and collect  
            fees.

           COMMENTS  

           1)Rationale  .  The author intends this bill to provide CDF a more  
            reliable funding source for existing programs without  
            increasing General Fund costs.

           2)Background  .  CDF manages eight demonstration forests that,  
            together, cover 71,000 acres.  The purpose of the forests is  
            to demonstrate sustainable forest practices.  Activities in  
            the forests include management, watershed protection and  
            restoration, and harvesting techniques. 

            The state's demonstration forests are financially self  
            sufficient.  This is because CDF is authorized to sell timber  
            and related products generated by the state forests.  Revenue  
            from such sales is deposited in the Forest Resources  
            Improvement Trust Fund and is available, upon appropriation,  
            to pay for the costs of managing the demonstration forests.  









                                                                  AB 2360
                                                                  Page  3

            Historically, revenues from timber sales at Jackson State  
            Forest, the largest state forest, comprised the majority of  
            funds in the FRIF.  Revenues in the FRIF supported CDF's  
            forest resource programs such as pest management, state  
            nurseries, urban forestry, forest and rangeland assessment,  
            and vegetation management.  Because excess FRIF funds would be  
            placed in the GF to fund programs other than forestry, some  
            became concerned that CDF was accelerating harvesting in the  
            Jackson Forest to pay for those non-forestry programs.

            In 2000, the Campaign to Restore Jackson State Redwood Forest  
            sued CDF.  The suit asserted that the forest's 1984 management  
            plan had expired and any logging under it was illegal.  A  
            judge ruled in favor of the plaintiffs.  As a result,  
            harvesting in Jackson State Forest was barred for eight years.

            CDF reports that, last year, harvesting began again in Jackson  
            State Forest.  Resulting annual revenue to the FRIF should  
            total in the millions of dollars, providing potential funding  
            for CDF forestry programs.

           3)AB 2351 (Chesbro, 2010)  authorizes CDF to charge a user fee  
            for overnight camping and group activities in a state  
            demonstration forest.  The bill passed this committee on a  
            vote of 11 to three.


           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081