BILL ANALYSIS �
AB 2184
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Date of Hearing: April 7, 2014
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 2184 (Chesbro) - As Introduced: February 20, 2014
SUBJECT : Timber and engineered wood products assessment: forest
restoration grants
SUMMARY : Clarifies that revenues from the lumber products
assessment created by AB 1492 (Committee on Budget, Chapter 289,
Statutes of 2012), may be used for grants to remediate former
marijuana growing operations once other various funding
requirements specified in AB 1492 are met.
EXISTING LAW : Establishes a one percent assessment on lumber
products sold in the state for the primary purpose of funding
"the activities and costs of the [timber harvest review
agencies]?associated with the review of projects or permits
necessary to conduct timber operations." Once various funding
requirements specified in AB 1492 are met, authorizes revenues
from the lumber products assessment to fund grants to public and
private entities to reduce cost of wildland fire suppression,
reduce greenhouse gas emissions, promote adaptation to climate
change, improve forest health, and protect homes and
communities.
FISCAL EFFECT : Unknown
COMMENTS :
1)Background on Marijuana Grows . According to a recent document
prepared by the Department of Fish and Wildlife and the State
Water Resources Control Board:
The impacts of producing medical marijuana on private
lands continue to increase across California. The
rapid increase is best illustrated in northern
California. A Department [of Fish and Wildlife] study
using aerial surveys (results and review not
finalized) of four small watersheds in Humboldt and
Mendocino counties found the number of acres in
cultivation doubled from 2009 to 2012, with an
estimated 500 individual operations and approximately
30,000 plants in each watershed. The Department
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concludes private marijuana cultivation has grown so
much on the north coast that coho salmon, a state and
federally listed species, may go extinct in the near
future, if this problem is not immediately addressed.
The State and Regional Water Boards have observed
significant land clearing activities resulting in
sediment discharges to many high value surface waters
in the north state, nutrient loading from fertilizers,
and stream diversion that result in dangerously low
water levels.
Most of the growers on private land claim a right to
grow under Proposition 215, but grows cause
significant environmental damage throughout
California. While some growers may have good
intentions but not know any better, the majority of
growers appear to proceed with reckless disregard for
their natural surroundings. In some regions of
California, unregulated marijuana growing may now be
the primary threat to water quality and other
beneficial uses such as salmon and steelhead and their
habitats?.
The Department to date has conducted approximately 249
marijuana eradication and reclamation missions either
with other allied law enforcement agencies or
solo?.Costs to reclaim damaged lands and remediate
impacts?[can be] as high as $30,000 to $50,000 per
acre on private lands.
2)Background on AB 1492. Prior to 2013, the state's timber
harvest review program was funded by the General Fund (GF).
The program had experienced GF cuts for several years, which
eliminated positions at review agencies, delayed the approval
of timber harvest plans, and compromised the integrity of the
environmental review process. To remedy the situation, the
Legislature passed AB 1492, which, among other things,
establishes a one percent assessment on the sale of lumber and
engineered wood products. The revenues generated from this
assessment are deposited into the Timber Regulation and Forest
Restoration Fund (TRFR Fund).
AB 1492 was supported by a diverse group of stakeholders,
ranging from the timber industry to environmentalist groups.
One of the main reasons for this broad support coalition was
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the prescriptive funding structure contained in the bill.
Under AB 1492, the moneys in the TRFR Fund are to be spent
according to the following four tiered funding structure (each
tier must be funded before the next can receive moneys):
The first tier is required to fund: a) the Board of
Equalization's costs associated with the lumber products
assessment; b) refunds to lumber product retailers for
overpayment; and c) "the activities and costs of the [timber
harvest review agencies]?associated with the review of
projects or permits necessary to conduct timber operations."
The second tier is required to create a $4 million reserve to
support first tier activities if funding falls short at any
time.
The third tier is required to fund: a) the California Forest
Improvement Program (CFIP), which is an assistance program for
smaller nonindustrial landowners, and b) "existing restoration
grant programs."
The fourth tier is required to fund a) fuel treatment grants
and projects under the Wildland Fire Protection and Resources
Management Act; and, b) grants to public and private entities
to reduce cost of wildland fire suppression, reduce greenhouse
gas emissions, promote adaptation to climate change, improve
forest health, and protect homes and communities.
Conservative projections of the TRFR Fund for fiscal year
2014-15 show that there will be approximately $3 million
available after the first and second tiers are funded. Under
AB 1492, these available funds should go to the programs
identified in the third tier: CFIP and "existing restoration
grant programs." As the economy improves and lumber sales
increase, it is anticipated that moneys will become available
in the future for fourth tier programs.
3)Purpose of this bill . As stated above, AB 1492's fourth tier
allows lumber product assessment revenues to be used for
grants to improve forest health. Restoring forest lands that
have been negatively affected by marijuana operations is an
activity that can certainly improve forest health. This bill
makes this point clear by specifically stating that grants for
remediation of former marijuana growing operations are
eligible for funding under the fourth tier. With this bill,
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it is the author's intent to draw funding attention to the
marijuana issue when AB 1492 moneys become available for
fourth tier programs.
REGISTERED SUPPORT / OPPOSITION :
Support
California Farm Bureau Federation
Drug Policy Alliance
Opposition
None of file
Analysis Prepared by : Mario DeBernardo / NAT. RES. / (916)
319-2092