2011 Forestry-related Legislation:

In late March, we received a red alert from the California Foresters Association (CFA) of a bill in the assembly,
AB 1005 - Dickinson, that would:

“require the Department of Fish and Game, the appropriate regional water quality control board, the California Geological Survey, and, where applicable, the California Coastal Commission to conduct a review of a timber harvesting plan to determine environmental issues and mitigation measures. If that review raises environmental issues and mitigation measures suggested by the reviewing entities are not deemed necessary by the director, the bill would require the Secretary for Natural Resources to review the plan for final determination.”

This bill, if enacted, would do nothing but bring our already ridiculously burdensome process of getting a Timber Harvest Permit to a screeching halt as the various involved state agencies squabble over what are the real environmental problems in a certain project and what are the appropriate mitigations.

CFA asked all of the forestry community to back them in asking the Assembly Natural Resources Committee to lay off this bill.

Most of the members of CCFA are represented by Bill Monning, who is a member of this committee, so the CCFA Board saw an excellent opportunity to rally our members to put pressure on him to lay off this bill, which will cause it to ultimately die in committee. Those members who have given us their current e-mail address got a message with an attached letter that they could then send to Mr. Monning via e-mail, fax or US Post, along with the appropriate contact information. A physical letter with the same information was sent to all members as soon as we could package them.

Our protests must have made an impact; the scheduled hearing for the bill was canceled at the request of the author.

It’s not dead yet. The CCFA Board has subscribed to the bill to ensure that we know the instant anybody does anything with this bill. We will keep you posted.

Link: http://www.legislature.ca.gov/

use the bill search section on the right of the page to search on bill “AB 1005” then explore the links returned for status, history, text and analysis.

SB 455 - Pavley:

This bill creates a “Watershed Timber Harvest Plan” (WTHP) for the purposes of managing entire watersheds as a single entity. The proposed implementation is fast becoming cumbersome and costly.

This bill was set for a hearing on April 26, but this does not appear to have happened. There have been no status updates since April 12.

Link: http://www.legislature.ca.gov/

use the bill search section on the right of the page to search on bill “SB 455” then explore the links returned for status, history, text and analysis.

AB 380 - Chesbro:

“This bill would require the California Department of Forestry and Fire Protection and the Board of Forestry, when implementing a pilot project to protect and restore the riparian zone in watersheds with listed anadromous salmonids, among other things, to provide the industry, agencies, and the public with the opportunity to participate in the development of the pilot project in
a transparent manner and to ensure that the pilot project has certain goals. The bill would also require all documents that form the basis for the pilot projects to be posted on the department's Internet Web site.”

This bill has passed the Natural Resources Committee and the Water, Parks and Wildlife Committee, then was placed in the Appropriations Committee suspense file on May 4.

Link: http://www.legislature.ca.gov/

use the bill search section on the right of the page to search on bill “AB 380” then explore the links returned for status, history, text and analysis.

AB 992 - Nielsen:

“This bill would provide that damage caused by an escaping fire, other than an arson fire, shall not be deemed a trespass for purposes of these provisions. The bill would provide that the amount of monetary damages recoverable by any person, including a governmental entity, for fire escaping to the land of another, other than arson, shall be limited to the fair market value of the land and timber affected by the fire in its prefire condition, less the fair market value of the land and timber in its postfire condition. The bill would provide that non-fee-based public benefit use, land conservation management activity, and timber operations conducted in compliance with all laws and regulations pertaining or related to fire safety shall not be deemed a foreseeable risk in the context of any damage related to fire or its escape onto the property of another. ”
This bill was last in the Judiciary Committee where its hearing was canceled at the request of the author on May 3.

Link: http://www.legislature.ca.gov/

use the bill search section on the right of the page to search on bill “AB 992” then explore the links returned for status, history, text and analysis.

AB 1414 - Assembly Natural Resources Committee:

This bill makes a number of clean-up modifications to the Z’berg-Nejedly Forest Practice Act of 1973, including:
“ delete the January 1, 1988, date limitation on the definition of "timber operations." The bill would also delete the January 1, 1988, date limitation with respect to rules and regulations relating the site preparation work.
repeal and delete provisions relating to the district technical advisory committees.
repeal the definition of, and delete the reference to, cutover land.
delete and repeal outdated stocking requirements relating to transition period of original act’s enactment.
delete the requirement that the board adopt rules relating to minimizing the effects of erosion on watercourses and lakes by maintenance of installed drainage facilities and soil stabilization treatments on skid trails, roads, and landings, as provided.
delete authorization of the board to exempt from the act a person engaged in forest management whose activities are limited to certain things, including the cutting, removal, or sale of timber or other solid wood forest products from the species Taxus brevifolia (Pacific Yew)”

This bill has made it through all Assembly committees and the Assembly and is now on the floor of the Senate.

Link: http://www.legislature.ca.gov/

use the bill search section on the right of the page to search on bill “AB 1414” then explore the links returned for status, history, text and analysis.