BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
AB 380 (Chesbro)
Hearing Date: 07/11/2011 Amended: 06/22/2011
Consultant: Brendan McCarthy Policy Vote: NR&W 6-1
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BILL SUMMARY: AB 380 requires the Department of Forestry and
Fire Protection to meet specified criteria when implementing
pilot projects to protect riparian zones during timber harvests.
The bill requires the Department of Fish and Game to be an
active participant in the pilot projects.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
CalFire pilot project oversight Absorbable within existing
resources General
Adopting regulations Up to $150 General
Fish and Game participation Up to $2,000 over five
yearsGeneral /
Special
*
* Fish and Game Preservation Fund.
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STAFF COMMENTS: This bill meets the criteria for referral to the
Suspense File.
The Board of Forestry and the Department of Forestry and Fire
Protection (CalFire) are responsible for enforcing the state's
laws and regulations governing the forestry industry, including
commercial timber harvesting. As part of a regulatory rulemaking
process in 2009, the Board and CalFire are required to ensure
additional protections are in place for riparian areas in
watersheds with listed species (such as Coho salmon). As part of
the new regulations, CalFire is required to undertake two pilot
projects to study new techniques to protect riparian zones
AB 380 (Chesbro)
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during timber harvesting. One of the purposes of the pilot
projects is to gather additional information about the
long-term, cumulative impacts of timber operations.
AB 380 requires CalFire to take specified steps and meet
specified criteria when implementing the required pilot
projects. The bill requires CalFire to provide for public
participation in the design and monitoring of the projects. The
pilot projects must be used to develop guidelines for conducting
future cumulative impact analyses of proposed timber harvesting
plans. The bill requires the pilot projects to have one or more
specific goals, such as restoration of fisheries or wildlife
habitat or the long-term sequestration of carbon dioxide.
The bill requires the Department of Fish and Game to play an
active role in the implementation of the pilot projects.
The bill directs CalFire to conduct the pilot projects within
existing resources and/or to seek funding from outside sources.
The bill requires all documents relevant to the pilot projects
to be made available on CalFire's website, including any
guidelines developed through the pilot projects.
The bill requires CalFire to develop and adopt regulations to
allow electronic public access to all documents that CalFire
uses in administering timber harvest regulations.
CalFire indicates that the costs to oversee the pilot projects
and develop guidelines incorporating the results of those pilot
projects can be accommodated within existing resources. However,
if no private landowner is willing to conduct the pilot projects
as part of a timber harvest on his or her lands, CalFire
indicates that the pilot projects will be performed in one of
the State's demonstration forests as part of a timber harvest on
those lands. If this occurs, the costs to CalFire to develop a
timber harvest plan for such a harvest would likely be greater
than normal. The extent of this increased cost is unknown, but
could be in the tens of thousands. In addition, staff estimates
that the cost to develop and adopt regulations under the bill
will be up to $150,000.
The Department of Fish and Game indicates that the costs to
actively participate in the pilot projects and the development
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of guidelines would be substantial. According to the Department,
over five years, the cost to participate in the development,
implementation, and evaluation of the pilot projects and the
subsequent development of guidelines could cost up to $2
million.
Staff recommends the bill be amended to make technical
corrections discussed in the Natural Resources and Water
Committee.
This bill is substantially similar to AB 2575 (Chesbro, 2010),
except that the prior bill did not explicitly require the
Department of Fish and Game to participate in the pilot
projects. That bill was vetoed by Governor Schwarzenegger.