BILL ANALYSIS �
AB 2168
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ASSEMBLY THIRD READING
AB 2168 (Chesbro and Dickinson)
As Amended May 15, 2012
Majority vote
NATURAL RESOURCES 7-0 APPROPRIATIONS 12-0
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|Ayes:|Chesbro, Knight, |Ayes:|Fuentes, Blumenfield, |
| |Brownley, Dickinson, | |Bradford, Charles |
| |Huffman, Monning, Skinner | |Calderon, Campos, Davis, |
| | | |Gatto, Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
|-----+--------------------------+-----+--------------------------|
| | | | |
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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. Specifically, this
bill :
1)Requires CalFire to coordinate with a THP interdisciplinary
review team to ensure that all necessary members of the team
that request participation in a preharvest inspection are
present for the inspection, if one is needed.
2)Requires a review team member who requests participation in a
preharvest inspection to make a good faith effort to
participate in the scheduled inspection.
3)Allows CalFire to schedule an additional onsite visit to
complete the preharvest inspection if there are compelling
reasons why a member of the review team could not attend the
first scheduled inspection, and the director articulates those
reasons in writing to the person who submitted the plan.
EXISTING LAW : Pursuant to the Z'Berg-Nejedly Forest Practice
Act of 1973:
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
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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 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 one-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
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
the appropriate California Regional Water Quality Control
Board, Department of Fish and Game, Department of
Conservation, Division of Mines and Geology, a representative
of county government when the county government so requests,
California Coastal Commission (for plans in the coastal zone),
California Tahoe Regional Planning Agency (for plans in the
Tahoe Basin), and the Department of Forestry and Fire
Protection. Other members of the review team may include
representatives from the Department of Parks and Recreation,
Native American tribes, and federal, state, and county
agencies.
4)Requires an interdisciplinary review teams to review a THP
before CalFire makes a determination on the plan. The review
team assists CalFire in determining whether a preharvest
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable costs to CalFire, which might need
to engage in a small amount of communication by telephone or
email.
COMMENTS : There is currently a timber harvest working group
chaired by Assemblyman Chesbro and Assemblyman Dickinson that
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consists of several stake holders from the Legislature,
Administration, timber industry, and the environmental
community. The mission statement of this group 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.
During the initial meetings of the timber harvest working group,
timber operators highlighted the inefficiencies with the
preharvest inspection process. Specifically, the
interdisciplinary review teams are not required to ensure that
the agencies interested in the inspection coordinate their field
visits with each other. As such, timber operators are often
faced with having to accommodate different review team members
on different days to review the same THP. This inefficient
process can cost the timber operator additional time and money,
extend the plan review period, and ultimately delay the
commencement of timber operations. 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.
This bill is consistent with the working group's mission by
helping to 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.
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092
FN: 0003651
AB 2168
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