BILL ANALYSIS �
AB 380
Page 1
ASSEMBLY THIRD READING
AB 380 (Chesbro)
As Amended April 11, 2011
Majority vote
NATURAL RESOURCES 8-0 WATER, PARKS & WILDLIFE 11-0
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|Ayes:|Chesbro, Knight, |Ayes:|Huffman, Halderman, Bill |
| |Brownley, Dickinson, | |Berryhill, Blumenfield, |
| |Grove, Huffman, Monning, | |Campos, Fong, Gatto, |
| |Skinner | |Roger Hern�ndez, Hueso, |
| | | |Olsen, Yamada |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Harkey, | | |
| |Blumenfield, Bradford, | | |
| |Charles Calderon, Campos, | | |
| |Davis, Donnelly, Gatto, | | |
| |Hall, Hill, Lara, | | |
| |Mitchell, Nielsen, Norby, | | |
| |Solorio, Wagner | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Provides direction to the California Department of
Forestry and Fire Protection (CDF) and Board of Forestry (Board)
when implementing pilot projects and developing guidelines
required by regulations promulgated to protect and restore the
riparian zone in watersheds with listed anadromous salmonids.
Specifically, this bill :
1)Requires that a pilot project result in the development of
guidelines for conducting a cumulative effects evaluations on a
planning watershed scale and address the potential
project-specific planning watershed cumulative effects of timber
harvesting activities. In particular, the guidelines must
require:
a) The spatial scale of the cumulative effects analysis to be
consistent with the site-specific and cumulative impacts of
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the project in the watershed and its physical processes;
b) The use of reproducible, quantitative methods of
evaluation as the primary means of determining baseline
physical, chemical, or biological parameters, in estimating
cumulative impacts, and in monitoring implementation of
mitigation measures;
c) Documentation of the conclusions and recommendations; and,
d) An evaluation by a person or entity with relevant training
and experience.
2)Requires all documents that form the basis for the pilot
projects to be posted on the CDF Web site. Additionally, the
Board or a technical advisory committee must develop
recommendations for providing public access to documents that
assist the CDF in administering timber harvest regulations for
actions that occur on a planning watershed scale.
EXISTING LAW :
1)Requires CDF to administer the laws and regulations associated
with the Z'berg-Nejedly Forest Practice Act of 1973 (Act).
2)Establishes a goal under Title 14, Section 916.9 of the
California Code of Regulations (Section 916.9) that every timber
operation be planned and conducted to protect, maintain, and
contribute to restoration of properly functioning salmonid
habitat and listed salmonid species.
3)Requires CDF and Board staff under Section 916.9 to implement
two pilot projects to protect and restore the riparian zone in
watersheds with listed anadromous salmonid. These projects must
be implemented using "site-specific or non-standard operational
provisions" and CDF and Board staff must provide the Board with
recommendations of detailed guidelines for the application of
site-specific or non-standard operational provisions. The pilot
projects and guidelines must address cumulative and planning
watershed impacts.
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FISCAL EFFECT : According to the Assembly Appropriations
Committee, Department of Fish and Game (DFG) reports potential
General Fund costs of $850,000 for seven positions over five years
and one-time equipment costs of approximately $200,000 for
cumulative effects analysis activities. While the cost estimate
reported by DFG may be exaggerated, and while the exact costs to
DFG to participate in cumulative effects analysis are unknown, it
is reasonable to expect those costs to be significant, possibly in
the hundreds of thousands of dollars, should CDF undertake the
pilot projects referenced in the bill.
COMMENTS : On September 9, 2009, the Board adopted the Anadromous
Salmonid Protection (ASP) rules, which include Section 916.9, for
commercial timber harvesting on private land in watersheds where
anadromous salmonid species are designated as threatened or
endangered species under the state or federal Endangered Species
Acts. These rules contain different requirements for timber
operations based on the geographic location of the watershed and
geomorphic characteristics of the watercourses involved. In
recognizing the high degree of biological and physical variability
throughout the state, the Board included "site-specific plan"
provisions that provide flexibility for landowners to develop
site-specific riparian management to harvest trees that would have
otherwise been retained. Site-specific measures are intended to
be in lieu of standard operational provisions that require, for
example, minimum buffer zones around streams and prohibitions on
harvesting or road-building. To receive approval, these
site-specific plans must result in benefits to the riparian zone
that are equal to or more favorable than those expected from the
prescriptive rules.
For successful implementation of site-specific plans, the Board
found it necessary to, among other things, provide pilot projects
and guidance documents. Section 916.9 specifically states that
"the pilot projects and guidance shall address cumulative and
planning watershed impacts. ?" The sponsor of this bill is
concerned that this particular provision is too general and does
not provide enough direction. To ensure that the guidelines
resulting from the pilot projects are developed appropriately,
this bill would specifically require that cumulative impacts be
adequately addressed; reproducible methods of evaluation be used;
there be documentation of the conclusions and recommendations; and
there be an evaluation by a trained and experienced person.
According to the sponsor, these requirements will provide valuable
guidance for future timber operations utilizing site specific
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plans and considering cumulative effects.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092 FN: 0001073