California Senate Bill SB144 Latest Draft

 BILL NUMBER: SB 144AMENDED BILL TEXT AMENDED IN SENATE JUNE 1, 2009 AMENDED IN SENATE APRIL 21, 2009 AMENDED IN SENATE MARCH 18, 2009 INTRODUCED BY Senator Pavley FEBRUARY 11, 2009 An act  to amend Sections 4789.1 and 4789.3 of, and  to add Section 4556 to  ,  the Public Resources Code, relating to forest resources. LEGISLATIVE COUNSEL'S DIGEST SB 144, as amended, Pavley. Forest resources: management.  The   (1)     The  Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted for the timber operations to the Department of Forestry and Fire Protection, and approved. The act requires a person who owns timberlands that are to be devoted to uses other than the growing of timber to file an application for conversion with the State Board of Forestry and Fire Protection. The California Forest Legacy Program Act of 2007 establishes the California Forest Legacy Program to conserve private forest lands by authorizing the department to acquire conservation easements of eligible properties according to specified criteria. This bill would require the department, in order to further the goals of the California Global Warming Solutions Act of 2006 and to enhance the capability of forest lands to sequester carbon, to develop options and incentives for the management of private forests pursuant to the criteria established under the California Global Warming Solutions Act of 2006, to establish, in consultation with the State Air Resources Board, scientific standardized baselines at the regional and state scales to project future scenarios of carbon emissions and sequestration, and to develop, in consultation with the State Air Resources Board and the Department of Fish and Game, regulations that establish mitigation requirements for forest land conversions. The bill would require the department to impose a fee on an applicant for conversion that fully offsets the department's costs for implementing the above requirement as it relates to conversion.  The bill also would state that it is the intent of the Legislature to enact legislation to develop a planning watershed-scale timber harvesting permit in order to facilitate long-term planning, improve information that is available to the public and reviewing agencies, ensure meaningful cumulative impact assessments, and provide a more cost-efficient permitting program for applicants.   (2) Existing law, the Forest and Rangeland Resources Assessment and Policy Act of 1977, requires the Director of Forestry and Fire Protection, under policy guidance from the State Board of Forestry and Fire Protection and in consultation with the Secretary of the Natural Resources Agency, to prepare and submit a full and updated forest and rangeland resource assessment and analysis by January 1, 1987, and by January 1 of each 5th year thereafter. The board is required to prepare a forest resource policy statement based on the review and assessment.   This bill would require that the review and assessment include continued publication of trendline data on carbon stocks, at multiple geographic scales, on the state's forest lands. The bill would require the director to collaborate with the State Air Resources Board for the development and maintenance of the trendline data for the purposes of demonstrating consistency with the California Global Warming Solutions Act of 2006 for the forest sector and to identify the best available data sources and outstanding data needs necessary to develop and maintain the trendline data.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   It is the intent of the Legislature to enact legislation to develop a planning watershed-scale timber harvesting permit in order to facilitate long-term planning, improve information that is available to the public and reviewing agencies, ensure meaningful cumulative impact assessments, and provide a more cost-efficient permitting program for applicants.   SEC. 2.   SECTION 1.  Section 4556 is added to the Public Resources Code, to read: 4556. (a) In order to further the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety  Code),   and   Code), and  to enhance the capability of forest lands, as defined in subdivision (g) of Section 12220, to sequester carbon, the department shall do all of the following: (1) Develop options and incentives for the conservation and management of private forest lands pursuant to the criteria established under the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (2) Establish, in consultation with the State Air Resources Board, scientific standardized baselines at the regional and state scales to project future scenarios of carbon emissions and sequestration. (3) Develop, in consultation with the State Air Resources Board and the Department of Fish and Game, regulations that establish a full mitigation requirement for the carbon stock and sequestration losses due to forest land conversions. (b) The department shall impose a fee on an applicant for conversion that fully offsets the department's costs for implementing this section as it relates to conversion.  SEC. 2.   Section 4789.1 of the   Public Resources Code   is amended to read:  4789.1. The Legislature finds and declares as follows: (a) The forest resources of California provide vitally important economic and environmental benefits to the people of California. (b) Demands on forest resources in California are expected to increase significantly in the next decades. (c) Forest resources in California are limited. (d) Better use of forest resources can result where there is good information as to anticipated needs and constraints and the potentials for meeting  such   those  needs consistent with Section 4513. (e) The necessary information is not now available and should be developed. (f) It is the intent of the Legislature to provide for the assessment of California's forest resources in order to develop and implement forest resources policies for the state.  (g) It is the intent of the Legislature that the department, in collaboration with the State Air Resources Board, develop and maintain trendline information on carbon stocks on forest lands in order to evaluate and monitor progress towards achieving the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) as established by the State Air Resources Board.   SEC. 3.   Section 4789.3 of the   Public Resources Code   is amended to read:  4789.3. (a) Under policy guidance from the board and in consultation with the Secretary of the  Natural  Resources Agency, the director shall prepare and submit to the board and the Secretary of the  Natural  Resources Agency, a preliminary forest and rangeland resource assessment and analysis not later than July 1, 1979, and shall present a full and updated assessment by January 1, 1987, and by January 1 of each fifth year thereafter. The assessment and analysis shall recognize distinct differences in ownership and management of forest and rangeland resources in California between the various public and the various private owners and shall include, but not be limited to, the following: (1) An assessment and analysis of the supply and availability of the various present and potential forest and rangeland resources of the state, including limits to those supplies imposed by natural site conditions, such as slope stability and erosion hazard, or by governmental restriction, such as special zoning. Among resource potentials to be evaluated are opportunities to accomplish any of the following: (A) Improve and rehabilitate the understocked timberland in California and to more fully utilize the productive potential for growing and harvesting timber. (B) Improve wood fiber utilization and wood product recycling. (C) Salvage trees infested with insects and diseases on timberland. (D) Improve the management of forest wildlife and wildlife habitat within the state. (E) Increase the quantity and quality of recreation available in the state. (F) Improve and rehabilitate rangeland areas within the state. (G) Increase the potential to use wood fiber from timberland as an economically viable source of fuel for energy production. (H) Improve the potential for rangeland forage for domestic livestock production.  (I) Subject to funding being made available from the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) fees or other sources, maintenance or improvement of carbon sequestration attributable to the state's forested lands, wood products in use and in landfills, and energy substitution for fossil fuels.  (2) An assessment and critique of federal policies with respect to rangeland and timberland. The assessment and critique shall include (A) as to timberlands, a review of the federal government's national forest revenue sharing program administered pursuant to Section 500 of Title 16 of the United States Code, and (B) as to rangelands, a review of grazing fee charges and revenue sharing policies affecting national forest lands administered by the United States Department of Agriculture, Forest Service. The timber sale revenue sharing and grazing fee policies of the Department of the Interior shall also be reviewed. In conducting the review, the director shall consult with the State Board of Equalization, and with local governments and school districts affected by the federal government's revenue sharing programs. (3) An analysis of present and anticipated demand for various forest and rangeland resources in the state. (4) A description and evaluation of current state programs and responsibilities in cooperative state-federal forest and rangeland resource programs, and management of state and local public forest, range, and related lands. (5) A discussion of important policy considerations, laws, regulations, management responsibilities, and other factors expected to influence and significantly affect the use, ownership, and management of forest and rangeland resources. (6) When assessing various resource potentials  which   that  could be obtained from forest lands and rangeland, the director shall include an evaluation of probable direct and indirect economic and environmental benefits and costs, including opportunity costs, associated with realizing those potentials.  (7) Continued publication of trendline data on carbon stocks, at multiple geographic scales, on the state's forest lands.  (b) In preparing the assessment, the director, under policy guidance of the board, shall solicit the cooperation of, and information collected by, public and private organizations, federal forest and rangeland resource agencies, state agencies concerned with forest and rangeland resources, county planning and taxation agencies, and state-supported forest and rangeland resource research agencies. (c)  (1)    For the purpose of assisting the director and the board in preparing the assessment and its revisions, the board may appoint advisory committees it deems necessary. The committees shall consist of individuals with expertise in forest and rangeland resource fields, with particular emphasis on survey and program analysis, and shall include representatives of state agencies concerned with the use of forest and rangeland resources.  (2) The director shall collaborate with the State Air Resources Board for the development and maintenance of trendline data, at multiple geographic scales, on forest land carbon stocks for the purpose of demonstrating consistency with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) for the forest sector.  (d) In preparation of the assessment, the director shall do all of the following: (1) Analyze the need to develop and maintain an effective system for the collection, analysis, and display of that data in forms that contribute to the achievement of the purposes of this chapter. (2) Identify high-priority needs for completing the data base and analytical framework essential to improving the quality of future assessments. (3) Evaluate the accuracy and completeness of existing data and of steps needed to improve the accuracy and completeness of data for future assessments.  (4) In collaboration with the State Air Resources Board, identify best available data sources and outstanding data needs necessary to generate information that will inform the development and maintenance of trendline data on forest land carbon stocks at multiple geographic scales.