BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 144|
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THIRD READING
Bill No: SB 144
Author: Pavley (D)
Amended: 6/1/09
Vote: 21
SENATE ENV. QUALITY COMMITTEE : 5-2, 4/27/09
AYES: Simitian, Corbett, Hancock, Lowenthal, Pavley
NOES: Runner, Ashburn
SENATE NATURAL RES. & WATER COMMITTEE : 7-3, 3/24/09
AYES: Pavley, Kehoe, Leno, Padilla, Simitian, Wiggins,
Wolk
NOES: Benoit, Hollingsworth, Huff
NO VOTE RECORDED: Cogdill
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
SUBJECT : Forest resources: management
SOURCE : Natural Resources Defense Council, Pacific
Forest Trust
The Nature Conservancy
DIGEST : This bill requires the Department of Forestry
and Fire Protection (Department) to take several actions to
further state greenhouse gas emission reduction goals. The
CONTINUED
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bill requires the Department to develop incentives for the
conservation of private forest lands, to establish baseline
information about forest lands in the state, and to develop
regulations for mitigating the impacts of converting forest
lands to other uses. The bill also states the intent to
create an alternative method for regulating timber
harvesting on private lands. This bill requires the
Director to collaborate with the Air Resources Board (ARB)
for the development and maintenance of trendline data, at
multiple geographic scales, on forest land carbon stocks
for the purpose of demonstrating consistency with the
California Global Warming Solutions Act of 2006. This bill
requires the Director in collaboration with the ARB,
identify best available data sources and outstanding data
needs necessary to generate information that will inform
the development and maintenance of trendline data on forest
land carbon stocks at multiple geographic scales. The bill
specifies in the assessment report of California's forest
resources that, subject to funding being made available
from the California Global Warming Solution Act of 2006,
fees or other sources, maintenance or improvement of carbon
sequestration attributable to the state's forested lands,
wood products in use and in landfills, and energy
substitution for fossil fuels.
ANALYSIS :
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.
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
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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.
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 percent
forestry canopy.
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 California
Environmental Quality Act (CEQA) (CEQA includes various
statutory exemptions, as well as categorical exemptions
in the CEQA guidelines). 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.
Under the Z'Berg-Nejedly Forest Practice Act of 1973, this
bill:
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.
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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
watershed-scale a timber harvest plan 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."
Background
Any harvesting of timber performed as part of the
conversion of timber lands to other uses (typically for
agricultural uses or housing development) is regulated
under state law. In order to convert timber lands to other
uses, a landowner must receive a timberland conversion
permit from the department and the subsequent land uses are
subject to review under the California Environmental
Quality Act.
The California Global Warming Solutions Act of 2006 (AB 32,
Nunez), requires the Air Resources Board to determine the
level of emissions of greenhouse gases in 1990 and to adopt
regulations to ensure that the state returns to that level
of emissions by 2020. To that end, the Air Resources Board
adopted a Scoping Plan which allocated greenhouse gas
emission reduction targets to various sectors of the
economy. Currently, the forestry sector of the state's
economy is a carbon sink, that is, California's forests
currently sequester more carbon (through the growth of
trees, etc.) than they emit (due to decomposition of dead
trees, wildfire, timber harvesting, etc.). Under the
Scoping Plan, the state's forest sector has a target of no
net loss of carbon sequestration capacity in the state's
forests. The Scoping Plan also identified the potential to
increase the sequestration of carbon in the state's forests
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by five million metric tones of CO2 equivalent through
forest management, reduced wildfire, and limiting the
conversion of forest lands to other uses.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Regulating timber Unknown, potentially in the
millions General *
harvests
Establishing baseline Unknown, potentially in the
millions General /
data Special
**
Developing regulations $200 $240
$240Special ***
for forest conversions
* In the long term, these costs would likely be offset by
reduced costs in the existing regulatory program.
** Could be funded from future fees relating to greenhouse
gas emission collected under AB 32.
*** New special fund. Costs offset with fee revenues.
SUPPORT : (Verified 6/1/09)
Natural Resources Defense Council, Pacific Forest Trust
(co-source)
The Nature Conservancy (co-source)
American Federation of State, County and Municipal
Employees, AFL-CIO
California League of Conservation Voters
Defenders of Wildlife
Forests Forever
Planning and Conservation League
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Sierra Club California
Trust for Public Land
OPPOSITION : (Verified 6/1/09)
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 of California & Nevada
Regional Council of Rural Counties
Resource Landowners Coalition
ARGUMENTS IN SUPPORT : According to supporters, this bill
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 American Federation of State,
County and Municipal Employees, "The health of the
environment and of all Californians depends on the
responsible stewardship of natural resources."
ARGUMENTS IN OPPOSITION : In opposing this bill,
CalChamber asserts that this bill, "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."
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CTW:do 6/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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