BILL ANALYSIS �
AB 2168
Page 1
Date of Hearing: April 16, 2012
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2168 (Chesbro) - As Introduced: February 23, 2012
SUBJECT : Forestry: timber harvesting plans
SUMMARY : Requires the California Department of Forestry and
Fire Protection (CalFire) to coordinate with a Timber Harvest
Plan's (THP) interdisciplinary review team to ensure that all
necessary members of the team are present at the preharvest
inspection, if such an inspection is needed.
EXISTING LAW : Pursuant to the Z'Berg-Nejedly Forest Practice
Act of 1973 (FPA):
1)Prohibits any person from conducting timber operations unless
a THP has been prepared by a registered professional forester
and approved by CalFire. Generally, a THP must contain a
description of the location of the planned harvest, the
harvest method, measures to avoid excessive erosion, timeframe
of operations, and other information required by forest
practice rules (FPR) adopted by the Board of Forestry.
2)Limits the effective period of a THP to three years. A THP
under which work has commenced but not completed is eligible
for two 1-year extensions if "cause" is shown and all timber
operations comply with the THP and all applicable rules and
regulations. A notice of extension must be provided to
CalFire no sooner than 30 days but at least 10 days prior to
the expiration of a THP.
3)Requires CalFire to establish interdisciplinary review teams
(Review Teams) to review THPs to assist in the evaluation of
the plans and their impacts on the environment. In general,
each review team, when possible, shall consist of a
representative from (a) CalFire, (b) the appropriate
California Regional Water Quality Control Board, (c) the
Department of Fish and Game, (d) the Department of
Conservation, Division of Mines and Geology, (e) a
representative of county government when the county government
so requests, (f) the California Coastal Commission (for plans
in the coastal zone), (g) the California Tahoe Regional
Planning Agency (for plans in the Tahoe Basin), and (h) the
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Department of Parks and Recreation (for plans that may affect
values in publicly owned parks).
4)Requires a Review Team to review a THP before CalFire makes a
determination on the plan. The Review Team assists CalFire in
determining whether a preharvest inspection (i.e. initial
inspection) is needed and, if so, what areas of concern are to
be examined during inspection. If a preharvest inspection is
needed, CalFire has 30 days from the date the inspection is
completed to review the plan and take public comment.
THIS BILL requires CalFire to coordinate with a Review Team to
ensure that all necessary members of the team are present for
the preharvest inspection if an inspection is needed to review a
THP. If there are compelling reasons why a member of the review
team cannot attend the initial inspection, and CalFire
articulates those reasons in writing to the person who submitted
the plan, CalFire may schedule an additional onsite visit to
complete the preharvest inspection.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill. Timber operators have criticized the
preharvest inspection process because the Review Teams are not
required to ensure that the agencies interested in the
inspection coordinate their visits. As such, timber operators
are often faced with having to accommodate different Review
Team members on different days to review the same THP. In
addition, the public comment and plan review period for a THP
does not close until 30 days after the preharvest inspection
is completed. This bill requires CalFire to coordinate with
the Review Team to ensure that all necessary members of the
team are present for the preharvest inspection if an
inspection is needed.
2)Timber Harvest Working Group. The Assembly Accountability and
Administrative Review Committees, chaired by Assemblyman Roger
Dickinson, held a hearing on September 27, 2011 to review the
fees and costs associated with the state's timber harvest
review program. At the hearing, the chairman of the Assembly
Natural Resources Committee, Assemblyman Wesley Chesbro,
expressed his interest in convening a timber harvest working
group with the various stakeholders to explore a balanced
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solution to the budget problems associated with the state's
timber harvest regulatory program.
On December 5, 2011, Assemblyman Chesbro and Assemblyman
Dickinson co-chaired the first meeting of the timber harvest
working group. The co-chairs presented the working group's
mission statement, which is to develop reforms to the timber
harvest regulatory program so the cost of the program (1) is
reasonable for the state, landowners, and timber industry, (2)
establishes adequate funding for an efficient state regulatory
program that meets the requirements of the Forest Practice
Act, the California Environmental Quality Act, the California
and federal Endangered Species Act, and other applicable
environmental laws, and (3) does not lead to unintended
consequences of accelerated forest land conversion and job
loss.
This bill is consistent with the working group's mission in
that it helps eliminate unreasonable costs to land owners and
the timber industry without further compromising the required
environmental review.
The timber harvest working group continues to meet to discuss
timber harvest reform. Its next meeting is scheduled for
April 25, 2012.
3)Suggested Amendments. The Associated California Loggers and
other timber harvesting groups have raised concern that an
interpretation of this bill may require certain Review Team
members to attend a preharvest inspection who would not
otherwise attend because they do not detect any area of
concern to be examined. The author and committee may wish to
consider amendments that clarify that a Review Team member is
not required to attend a preharvest inspection if the member
does not request to be present.
AB 2168
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REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
Associated California Loggers
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092