BILL ANALYSIS �
AB 2465
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 2465
AUTHOR: Chesbro
AMENDED: April 21, 2014
FISCAL: Yes HEARING DATE: June 18, 2014
URGENCY: No CONSULTANT: Rebecca Newhouse
SUBJECT : PRESCRIBED BURNS: PRIVATE LANDS
SUMMARY :
Existing law ,
1) Requires the Department of Forestry and Fire Prevention
(CalFIRE) to provide advisory services to applicants for permits
as to precautions to be taken by the applicant to prevent damage
to the property of others from the prescribed burning (Public
Resources Code �4491).
2) Authorizes any person that owns or controls brush-covered land
within a state responsibility area to apply to the department
for a permit to burn brush on their lands (PRC �4492).
3) Authorizes CalFIRE to grant a permit for brush-burning on
private lands, and requires that any permit specify site
preparation requirements and precautions necessary (PRC �4492).
4) Designates the California Air Resources Board (ARB) as the state
agency responsible for the coordination of activities of all
local air districts necessary to meet federal and state air
quality standards (Health and Safety Code �39602).
5) Requires the ARB to promulgate guidelines for the regulation and
control of agricultural burning, including wildland prescribed
burning, for each of the air basins established by the state
board (HSC �41856).
6) Provides that local air districts have primary responsibility
for controlling air pollution from all sources, other than
emissions from mobile sources, and establishes certain powers,
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duties, and requirements for those districts. (HSC �40000 et
seq.).
This bill :
1) Makes findings and declarations regarding wildfires and
prescribed burns.
2) Requires CalFIRE, in consultation with ARB and local air
districts, no later than July 1, 2015, to do all of the
following:
a) Develop a uniform prescribed burn template that provides
assistance to a person who is interested in conducting forest
fuel treatment through a prescribed burn, to ensure the use
of best management practices for controlling the burn,
minimize impacts to the environment and public health and
maximizing fire resiliency, and obtain the appropriate
regulatory approval from CalFIRE and local air districts.
b) Develop a page on CalFIRE's website that provides various
information regarding prescribed burns, including information
on the regulations governing prescribed burns for forest fuel
treatment, specific information about permissive burn days
and no-burn days, the uniform prescribed burn template, and
state contact information.
COMMENTS :
1) Purpose of the bill . According to the author, "In December
2013, the Assembly Natural Resources [Committee] held an
informational hearing on fuel treatments. Academics from UC
Berkeley and UC Davis explained that fire suppression activities
for the last 100-150 years have created unnatural fuel buildup
in our forests, which has significantly contributed to the
increase in catastrophic wildfires (and significant air quality
issues). Part of the hearing focused on the need to reintroduce
fire into our forests through prescribed fire. Stakeholders
discussed the benefits of prescribed fire as well as
impediments. It was generally recognized that prescribed fire
is the most environmental preferred option for fuel management
(as opposed to mechanical thinning) as it more naturally mimics
historical fire regimes."
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"On March 11, 2014, the author's office held a stakeholder
workshop on fuel treatment. The Workgroup participants
(approximately 40 people) consisted of forestry academics,
members of environmental nongovernmental organizations,
foresters, state agency staff (including staff from ARB and air
districts), as well as others with an interest in fuel
treatment." The author notes that, "one hundred percent of the
participants agreed that prescribed fire is a good tool for
forest management. During this workshop, some of the
stakeholders expressed interest in the creation of a uniformed
prescribed burn plan template (similar to templates developed
throughout the country) to help provide private forestland
owners with information needed to conduct prescribed fire in a
manner that meets all regulatory requirements and promotes best
management practices. It was also apparent during the workshop
discussions that forest landowners could benefit from better
communication and coordination with CalFIRE, ARB and local Air
districts."
According to the author, "this bill will create a uniformed
prescribed burn plan template and require CalFIRE and ARB to
develop a webpage that contains the template and centralizes
existing information maintained by CalFIRE and ARB to help
people utilize state resources regarding prescribed fire. This
website would not place any of the normal process and permits,
but bring more awareness and clarity." The author notes that
similar websites and guidance documents exist in other parts of
the country.
2) Background . This harvesting of large-diameter trees, and land
conversion over the past 150 years has changed fuel conditions
over millions of acres of forests such that recent wildfire have
tended to be larger and more severe. Conditions created by a
changing climate are expected to continue this trend, with the
impacts further exacerbated by increasing frequency of drought
conditions.
Fire experts generally recognize that the reduction of forest
fuels, such as downed wood, shrubs, and intermediate-size trees
that can carry fire into the forest canopy, reduces the
likelihood of severe wild fires and the large costs associated
with suppressing them. These costs are substantial--last year's
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Rim Fire, which burned more than 250,000 acres in the central
Sierra Nevada region, was estimated at $125.8 million as of
September 27, 2013. In 2008, the Basin Complex and Indians Fire
in Monterey County burned almost 240,000 acres and cost
approximately $120 million. These two fires are considered
among the largest and most costly in state history. This is
especially relevant in the context of a warming climate with
increased risk of catastrophic wildfires and severe drought
conditions.
A recent scientific article published in the journal Bioscience
explains that forest fuel reduction using prescribed fire, where
fire is ignited under known conditions of fuel, weather, and
topography to burn away surface and ladder fuels, used in
combination with mechanical treatment (i.e., removal of small
trees with heavy equipment and/or grinding up small trees and
shrubs) is effective at reducing future fire intensity and
improving tree health without negatively impacting understory
vegetation, soil density or erosion, wildlife, or carbon
storage.
According to the United States Environmental Protection Agency
(US EPA), "Prescribed fire is a cost-effective and ecologically
sound tool for forest, range, and wetland management. Its use
reduces the potential for destructive wildfires and thus
maintains long-term air quality."
3) Health effects from wildfire smoke . According to the Center for
Disease Control and Prevention (CDC), smoke is made up of a
complex mixture of gases and particles produced when wood and
other organic matter burn. A major health threat from smoke
comes from fine particles (also called particle pollution,
particulate matter, or PM 2.5). In addition to particle
pollution, wood smoke contains several toxic harmful air
pollutants including: benzene, formaldehyde, acrolein and
methane.
According to the US EPA, particle pollution exposure can lead to
a variety of health effects.
Short-term exposures to PM 2.5 can lead to burning eyes and
runny noses, due to penetration of the particles into the eyes
and respiratory system. Short-term exposures to particles
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(hours or days) can also aggravate lung disease, causing asthma
attacks and acute bronchitis, and may also increase
susceptibility to respiratory infections.
Long-term exposures have been associated with reduced lung
function and the development of chronic bronchitis, increased
hospital admissions and emergency room visits -and even
premature death.
Some studies also suggest that long-term PM 2.5 exposures may be
linked to cancer and to harmful developmental and reproductive
effects, such as infant mortality and low birth weight.
On October 17, 2013, the specialized cancer agency of the World
Health Organization, the International Agency for Research on
Cancer, classified outdoor air pollution, and particulate matter
as a major component of outdoor air pollution, as carcinogenic
to humans.
4) State regulation of PM 2.5 and smoke .
PM 2.5 regulation: As described above, PM 2.5 poses a risk to
human health at elevated levels and has an associated ambient
air quality standard. An air quality standard defines the
maximum amount of a criteria air pollutant that can be present
in outdoor air without harm to the public's health. Both the
ARB and the US EPA are authorized to set ambient air quality
standards. For PM 2.5, the state's 24-hour limit matches the
federal standard.
Recently, the US EPA significantly strengthened the PM 2.5
standard due to scientific and epidemiological studies
documenting air pollution's substantial deleterious effects on
public health. In California, local air districts are tasked
with comprehensive air quality pollution control over stationary
sources to achieve and maintain these ambient air quality
standards.
ARB and air district regulation of prescribed burns: State
Smoke Management Guidelines, adopted by ARB through regulation,
provide direction to air pollution control and air quality
management districts (air districts) in the regulation and
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control prescribed burning to assure that each air district has
a smoke management program that meets air district and regional
needs. The Guidelines are intended to ensure the use of
prescribed burning as a resource management tool while
minimizing smoke and PM 2.5 impacts on the public for the
protection of public health. Local air districts are tasked
with implementation and enforcement of these smoke management
programs and any other additional local rules and regulations
regarding burning.
The regulations require burners to consider alternatives to
burning in planning their burn projects, and require local air
district permission prior to conducting prescribed burns.
Before obtaining air district permission, a burner must complete
the following planning steps:
1. Register their burn with the air district;
2. Obtain an air district and/or fire agency burn
permit;
3. Submit a smoke management plan (SMP) to the air
district, which specifies the "smoke prescription," which
is a set of air quality, meteorological, and fuel
conditions needed before burn ignition may be allowed; and
4. Obtain air district approval of the SMP.
After the air district approves all the burn planning requirements,
including the permit and SMP, the burner must implement
requirements of permit and components of the SMP and obtain a final
air district authorization to burn no more than 24 hours in
advance, with authorization subject to change depending on
meteorological conditions.
By consolidating regulatory and permit requirements, best
management practices, contact information, and other information
necessary for private landowners to appropriately conduct
prescribed burns, AB 2465 may help reduce smoke impacts and impacts
to natural resources, while ensuring appropriate fuel reduction in
wildlands to better improve forest resiliency and protect wildlands
against severe wildfires.
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SOURCE : Author
SUPPORT : Institute for Sustainable Forestry
Northern California Prescribed Fire Council
UC Berkeley Center for Fire and Outreach
OPPOSITION : None on file