BILL ANALYSIS
SB 144
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 144
AUTHOR: Pavley
AMENDED: April 21, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : FOREST RESOURCES MANAGEMENT
SUMMARY :
Existing law :
1) Under the Z'Berg-Nejedly Forest Practice Act of 1973,
establishes procedures for submitting a timber harvest plan
(THP) to the Department of Forestry and Fire Protection
(CDF) when conducting timber operations; an application for
conversion must be filed with the State Board of Forestry
and Fire Protection if timberlands are to be converted.
(Public Resources Code 4511 et seq.).
2) Under the California Global Warming Solutions Act of 2006
(CGWSA), requires the California Air Resources Board (ARB)
to determine the 1990 statewide greenhouse gas (GHG)
emissions level and approve a statewide GHG emissions limit
that is equivalent to that level, to be achieved by 2020.
ARB must adopt regulations for reporting and verification
of GHG emissions, monitoring and compliance with the
program, and achieving GHG emission reductions from sources
or categories of sources by January 1, 2011 to be operative
on January 1, 2012, subject to certain requirements.
(Health and Safety Code 38500 et seq.).
3) Under the California Forest Legacy Program Act of 2007,
authorizes CDF to acquire conservation easements by
entering into a contract with the Wildlife Conservation
Board to administer the purchase of conservation easements
based on certain eligibility criteria (e.g., be subject to
potential conversion, owned by willing and interested
sellers or conservation donors, 10% forestry canopy).
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(Public Resources Code 12200 et seq.).
4) Requires lead agencies with the principal responsibility
for carrying out or approving a proposed project to prepare
a negative declaration, mitigated declaration, or
environmental impact report (EIR) for this action, unless
the project is exempt from CEQA (CEQA includes various
statutory exemptions, as well as categorical exemptions in
the CEQA guidelines). (Public Resources Code 21000 et
seq.). A state agency regulatory program required plan or
other written documentation containing environmental
information may be submitted in lieu of an EIR if the
Secretary of the Resources Agency has certified the
regulatory program pursuant to certain requirements.
(21080.5).
This bill , under the Z'Berg-Nejedly Forest Practice Act of
1973:
1) Requires CDF to do the following in order to further CGWSA
goals and enhance the capability of forest lands to
sequester carbon:
a) Develop options and incentives for the conservation
and management of private forest lands pursuant to CGWSA
criteria.
b) Establish, in consultation with ARB, scientific
standardized baselines at regional and state scales to
project future scenarios of carbon emissions and
sequestration.
c) Develop, in consultation with the ARB and the
Department of Fish and Game (DFG), regulations that
establish a full mitigation requirement for carbon stock
and sequestration losses due to forest land conversion.
2) Requires CDF to set a fee on a conversion applicant to
fully offset CDF's costs for implementing the bill's costs
relating to conversion.
3) Provides legislative intent "to develop a planning
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watershed-scale THP to facilitate long-term planning,
improve information that is available to the public and
reviewing agencies, ensure meaningful cumulative impact
assessment, and provide a more cost-effective permitting
program for applicants."
COMMENTS :
1) Purpose of Bill . According to the author, "The [CDF] does
not have specific legislative direction or authority to
account for and mitigate the [GHG] impact of conversion of
private forestlands. [CDF] also does not have specific
authorization to establish a baseline of carbon that is
currently sequestered by California's forestlands or the
future potential of California's forestlands to sequester
additional carbon in the future. A variety of forest
projects may be implemented to create these climate
benefits."
The author also notes that the CGWSA scoping plan provides
that "conversion of private forestlands can contribute to
increased emissions of [GHGs], while avoided conversion and
improved management can increase net sequestration and help
California reach our [CGWSA] goals." According to the
author, the scoping plan tasks CDF and certain entities
"with developing a monitoring program, improving [GHG]
inventories, and determining what actions are needed to
meet the 2020 forest sector target . . ."
2) Scoping plan forest recommendations . According to the
climate change scoping plan prepared by the ARB pursuant to
CGWSA requirements, "The 2020 Proposed Scoping Plan target
for California's forest sector is to maintain the current 5
MMTCO2E of sequestration through sustainable management
practices, including reducing the risk of catastrophic
wildfire, and the avoidance or mitigation of land-use
changes that reduce carbon storage. [CDF] has the existing
authority to provide for sustainable management practices,
and will, at a minimum, work to maintain current carbon
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sequestration levels. The Resources Agency and its
departments will also have an important role to play in
implementing this measure."
According to the scoping plan, "Monitoring carbon sequestered
on forest lands will be necessary to implement the target.
The Board of Forestry and Fire Protection, working with the
Resources Agency, the Department of Forestry and Fire
Protection and ARB would be tasked with developing a
monitoring program, improving greenhouse gas inventories,
and determining what actions are needed to meet the 2020
target for the Forest sector. Future climate impacts will
exacerbate existing wildfire and insect disturbances in the
Forest sector. These disturbances will create new
uncertainties in reducing emissions and maintaining
sequestration levels over the long-term, requiring more
creative strategies for adapting to these changes. In the
short term, focusing on sustainable management practices
and land-use issues is a practical approach for moving
forward."
The scoping plan also notes that "Future land use decisions
will play a role in reaching our greenhouse gas emissions
reduction goals for all sectors. Loss of forest land to
development increases greenhouse gas emissions levels
because less carbon is sequestered. Avoiding or mitigating
such conversions will support efforts to meet the 2020
goal. When significant changes occur, the California
Environmental Quality Act is a mechanism providing for
assessment and mitigation of greenhouse gas emissions."
CEQA provides for the Secretary of Resources to certify a
state agency regulatory program required plan or other
written documentation containing environmental information
to be submitted in lieu of CEQA environmental documents if
the Secretary has certified the regulatory program pursuant
to certain requirements. Regulation of timber harvesting
operations by CDF pursuant to the Z'Berg-Nejedly Forest
Practice Act of 1973 has been certified by the Secretary as
meeting these requirements. By amending the Z'Berg-Nejedly
Forest Practice Act of 1973, SB 144 may provide for this
CEQA functional equivalent program to also address the
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CGWSA scoping plan forest sector recommendations.
3) Opposition and support concerns . In opposing SB 144,
CalChamber asserts that SB 144 "imposes extra duties on
[CDF] to address global warming issues without providing
public funding. The bill also unfairly burdens forestland
owners seeking to convert their property to other uses with
more or expanded fees." According to other opponents, "For
purposes of CEQA, SB 144 appears to be establishing
separate, duplicative mitigation measures and ignores the
rest of the existing statutory framework for oak woodlands
conversions."
According to supporters, "SB 144 directs the creation of a
scientifically credible baseline estimate of the amount of
carbon stored in California's forests . . . directs [CDF]
to develop additional incentives for conservation and
management of non-federal forestlands in the state . . .
[and] requires the loss of carbon storage capacity be fully
mitigated when forestland is converted to other uses."
According to AFSCME, "The health of the environment and of
all Californians depends on the responsible stewardship of
natural resources."
SOURCE : Natural Resources Defense Council, Pacific
Forest Trust, The Nature Conservancy
SUPPORT : American Federation of State, County and
Municipal Employees (AFSCME) AFL-CIO, Sierra
Club California
OPPOSITION : American Forest and Paper Association,
CalChamber, California Association of Realtors,
California Association of Wine Grape Growers,
California Building Industry Association,
California Business Properties Association,
California Cattlemen's Association, California
Chamber of Commerce, California Farm Bureau
Federation, California Forestry Association,
California Licensed Foresters Association,
California State Association of Counties,
Irvine Chamber of Commerce, Lumber Association
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of California & Nevada, Regional Council of
Rural Counties, Resource Landowners Coalition