The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. Existing law establishes minimum acceptable stocking standards and provides that an area covered by a timber harvesting plan is considered acceptably stocked if either one of 2 conditions are met within 5 years after completion of timber operations: (1) that the area contains an average point count of 300 per acre, as provided, or (2) that the average residual basal area is at least 85 square feet per acre, as provided. Existing law requires the board to adopt stocking standards for each district, after a public hearing, that are equal to or stricter than the minimum standards. Existing law, notwithstanding the stocking conditions relating to areas with an average point count of 300 per acre, authorizes the board to adopt alternative stocking standards if those alternative standards reasonably address variables in forest characteristics and achieve suitable resource conservation, as provided.

This bill would extend the authorization to adopt alternative stocking standards notwithstanding the stocking conditions relating to the average residual basal area, as provided.

The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. Existing law establishes minimum acceptable stocking standards and provides that an area covered by a timber harvesting plan is considered acceptably stocked if either one of 2 conditions are met within 5 years after completion of timber operations: (1) that the area contains an average point count of 300 per acre, as provided, or (2) that the average residual basal area is at least 85 square feet per acre, as provided. Existing law requires the board to adopt stocking standards for each district, after a public hearing, that are equal to or stricter than the minimum standards. Existing law, notwithstanding the stocking conditions relating to areas with an average point count of 300 per acre, authorizes the board to adopt alternative stocking standards if those alternative standards reasonably address variables in forest characteristics and achieve suitable resource conservation, as provided.

This bill would extend the authorization to adopt alternative stocking standards notwithstanding the stocking conditions relating to the average residual basal area, as provided.

The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. Existing law establishes minimum acceptable stocking standards and provides that an area covered by a timber harvesting plan is considered acceptably stocked if either one of 2 conditions are met within 5 years after completion of timber operations: (1) that the area contains an average point count of 300 per acre, as provided, or (2) that the average residual basal area is at least 85 square feet per acre, as provided. Existing law requires the board to adopt stocking standards for each district, after a public hearing, that are equal to or stricter than the minimum standards. Existing law, notwithstanding the stocking conditions relating to areas with an average point count of 300 per acre, authorizes the board to adopt alternative stocking standards if those alternative standards reasonably address variables in forest characteristics and achieve suitable resource conservation, as provided.

This bill would extend the authorization to adopt alternative stocking standards notwithstanding the stocking conditions relating to the average residual basal area for purposes of authorizing the board to adopt alternative standards. area, as provided.

The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. Existing law establishes minimum acceptable stocking standards and provides that an area covered by a timber harvesting plan is considered acceptably stocked if either one of 2 conditions are met within 5 years after completion of timber operations: (1) that the area contains an average point count of 300 per acre, as provided, or (2) that the average residual basal area is at least 85 square feet per acre, as provided. Existing law requires the board to adopt stocking standards for each district, after a public hearing, that are equal to or stricter than the minimum standards. Existing law, notwithstanding the stocking conditions relating to areas with an average point count of 300 per acre, authorizes the board to adopt alternative stocking standards if those alternative standards reasonably address variables in forest characteristics and achieve suitable resource conservation, as provided.

This bill would extend the authorization to adopt alternative stocking standards notwithstanding the stocking conditions relating to the basal area for purposes of authorizing the board to adopt alternative standards.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 417

Author:(Dahle)

As Amended Ver:June 16, 2015

Majority vote

Original Committee Reference: NAT. RES.

SUMMARY: Expands the Board of Forestry and Fire Protection (Board) authority to develop alternative stocking standards, when necessary, to include the average residual basal area approach of stocking.

The Senate amendments make technical changes and add the condition that alternative stocking standards must contribute to specific forest health and ecological goals as defined by the Board.

EXISTING LAW, pursuant to the Z'Berg-Nejedly Forest Practice Act of 1973 (FPA):

1. Requires the Board to adopt rules and regulations such as the Forest Practice Rules (FPR) to assure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish and wildlife, and water resources, including but not limited to, streams, lakes, and estuaries.

2. Requires the Department of Forestry and Fire Protection (CAL FIRE) to oversee the FPA and the FPR in consultation with other public agencies and the interested public. The FPA and FPR specifically govern, among other things; timber harvest plans (THPs), Nonindustrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs), and other types of plans related to timber operations on private lands in California.

3. Within five years after completion of timber operations, requires either of the following minimum stocking standards for an area covered by a THP:

   1. An average point count of 300 per acre, except for site IV classification or lower (i.e., sites with the lowest productivity potential), which shall have an average point count of 150 per acre. (The point count of a tree is determined by tree size. For example, a tree that is less than four inches in diameter at breast height counts as one point. A tree over 12 inches in diameter counts as six points.);

   2. An average residual basal area (i.e., the sum of tree diameter for an acre) of at least 85 square feet per acre, except for site II classification (i.e., sites with intermediate productivity potential) or lower, which shall have the minimum average residual basal area of 50 square feet per acre.

4. Authorizes the Board to develop alternative stocking standards for the average point count method of stocking if those standards address the variables in forest characteristics and achieve suitable resource conservation, but does not authorize alternative stocking standards for average residual basal area method.

FISCAL EFFECT: According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.

COMMENTS:

1. Stocking. After timber has been harvested in an area, stocking standards ensure that the area is restocked with trees so that the timberland can be maintained. Stocking standards set the requirement for how many trees (point count) must be replanted or, accounting for large and small trees, the aggregate of tree diameters for an area (the basal area). As the survival rate of seedlings has improved and concerns about overstocking's impact on fire risk and forest health has increased, there has been a desire to tailor stocking standards to meet the forest’s characteristics.

According to the Board, allowing alternative stocking standards for the basal area will assist in restoring oak woodlands. Douglas-fir can become established in oak woodland stands, which jeopardizes the growth and regeneration of oaks. Douglas-fir can quickly overtop oak trees, shade them out, and suppress oak regeneration. Conifer encroachment threatens the future of many oak woodlands in Northern California and is a primary factor driving the loss of oak woodlands in Humboldt County. An alternative stocking standard will allow for the removal of Douglas-fir to encourage oak regeneration.

2. Prior legislation. AB 2082 (Dahle), Chapter 212, Statutes of 2014, allowed the Board to develop alternative stocking standards for the point count approach to stocking, but not the basal area. The Board has gone on record saying "under the current construct of Public Resources Code Section 4561.2 the Board cannot develop a residual basal area standard to facilitate the management of oak woodlands."

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092 FN: 0001131

 CONSENT  

Bill No: AB 417

Author: Dahle (R)

Amended: 6/16/15 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 6/9/15

AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson, Monning, Vidak, Wolk

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 77-0, 4/30/15 (Consent) - See last page for vote

SUBJECT: Forest practices: resource conservation standards

SOURCE: Author

DIGEST: This bill expands the authority of the Board of Forestry and Fire Protection to develop alternative stocking standards, when necessary, if those alternative standards reasonably address the variables in forest characteristics and achieve suitable resource conservation.

ANALYSIS: Existing law, under the Z’Berg-Nejedly Forest Practice Act of 1973 (FPA):

1. Requires the Board of Forestry and Fire Protection (Board) to adopt rules and regulations such as the Forest Practice Rules (FPR) to assure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish and wildlife, and water resources, including but not limited to, streams, lakes, and estuaries.

2. Requires the Department of Forestry and Fire Protection to oversee the FPA and the FPR in consultation with other public agencies and the interested public.

3. Requires, within five years after completion of timber operations, either of the following minimum stocking standards for an area covered by a timber harvest plan.

1. An average point count of 300 per acre, except for site IV classification or lower (i.e., sites with the lowest productivity potential), which shall have an average point count of 150 per acre. (The point count of a tree is determined by tree size. For example, a tree that is less than four inches in diameter at breast height counts as one point. A tree over 12 inches in diameter counts as six points.); or

2. An average residual basal area (i.e., the sum of tree diameter for an acre) of at least 85 square feet per acre, except for site II classification (i.e., sites with intermediate productivity potential) or lower, which shall have the minimum average residual basal area of 50 square feet per acre.

4. Authorizes the Board to develop alternative stocking standards for the average point count method of stocking if those standards address the variables in forest characteristics and achieve suitable resource conservation, but does not authorize alternative stocking standards for average residual basal area method.

This bill expands the authority of the Board to develop alternative stocking standards, when necessary, if those alternative standards reasonably address the variables in forest characteristics and achieve suitable resource conservation.

Comments

The author’s intent was to make sure that the flexibility given to the Board, provided in this bill, would require a rulemaking procedure to define specific forest health and ecological goals. The technical amendment would accomplish that objective.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/30/15)

Board of Forestry and Fire Protection

California Forestry Association

Central Coast Forest Association

Humboldt Redwood Company and Mendocino Redwood Company

OPPOSITION: (Verified 6/30/15)

None received

ARGUMENTS IN SUPPORT: The author and supporters point out that AB 2082 (Dahle, Chapter 212, Statutes of 2014) authorized the Board to adopt alternative stocking standards related to the point count, but did not include the same flexibility with regard to the average residual basal area. AB 417 provides the Board with the flexibility to adopt alternative stocking standards on any basis it chooses that achieve specific conservation goals and objectives.

ASSEMBLY FLOOR: 77-0, 4/30/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Chávez, Gomez

Prepared by: William Craven / N.R. & W. / (916) 651-4116

7/1/15 11:24:54

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Fran Pavley, Chair

2015 - 2016 Regular

Bill No: AB 417 Hearing Date: June 9, 2015

Subject: Forest practices: resource conservation standards.

BACKGROUND AND EXISTING LAW

The following provisions are contained in the Z’Berg-Nejedly Forest Practice Act of 1973 (FPA):

1. Requires the Board of Forestry and Fire Protection (Board) to adopt rules and regulations such as the Forest Practice Rules (FPR) to assure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish and wildlife, and water resources, including but not limited to, streams, lakes, and estuaries.

2. Requires the Department of Forestry and Fire Protection (CDF) to oversee the FPA and the FPR in consultation with other public agencies and the interested public.

3. Within five years after completion of timber operations, requires either of the following minimum stocking standards for an area covered by a timber harvest plan.

1. An average point count of 300 per acre, except for site IV classification or lower (i.e., sites with the lowest productivity potential), which shall have an average point count of 150 per acre. (The point count of a tree is determined by tree size. For example, a tree that is less than four inches in diameter at breast height counts as one point. A tree over 12 inches in diameter counts as six points.);

2. An average residual basal area (i.e., the sum of tree diameter for an acre) of at least 85 square feet per acre, except for site II classification (i.e., sites with intermediate productivity potential) or lower, which shall have the minimum average residual basal area of 50 square feet per acre.

4. Authorizes the Board to develop alternative stocking standards for the average point count method of stocking if those standards address the variables in forest characteristics and achieve suitable resource conservation, but does not authorize alternative stocking standards for average residual basal area method.

PROPOSED LAW

This bill expands the authority of the Board to develop alternative stocking standards, when necessary, if those alternative standards reasonably address the variables in forest characteristics and achieve suitable resource conservation.

ARGUMENTS IN SUPPORT

The author and supporters point out that AB 2082 (Dahle) in 2012 authoirzed the Board to adopt alternative stocking standards related to the point count, but did not include the same flexibility with regard to the average residual basal area. AB 417 would provide the Board with the flexibility to adopt alternative stocking standards on any basis it chooses that achieve specific conservation goals and objectives.

Other supporters point out that the flexibility provided by the bill would help deal with the variability of climate change in forestlands.

ARGUMENTS IN OPPOSITION

None receive.

COMMENTS

The author’s intent was to make sure that the flexibility given to the Board, provided in this measure, would require a rulemaking procedure to define specific forest health and ecological goals. The technical amendment would accomplish that objective.

SUGGESTED AMENDMENTS

AMENDMENT 1

4561.2. Notwithstanding Section 4561.1 or the resource conservation standards relating to stocking pursuant to Section 4561, the board may adopt alternative stocking standards that meet the purposes of Section 4561 if those alternative standards reasonably address the variables in forest characteristics and achieve suitable resource conservation provided such standards contribute to specific forest health and ecological goals as defined by the Board.

SUPPORT

Board of Forestry and Fire Protection

California Forestry Association

Central Coast Forest Association

Humboldt Redwood Company and Mendocino Redwood Company

OPPOSITION

None Received

-- END --

Date of Hearing: April 22, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 417

Author:(Dahle) – As Introduced Ver:February 19, 2015

Urgency: No State Mandated Local Program: No Reimbursable:

SUMMARY:

This bill expands the Board of Forestry and Fire Protection (Board) authority to develop alternative stocking standards, when necessary, to include the average residual basal area approach of stocking.

FISCAL EFFECT:

Minor, absorbable costs for the Board to include new standards in their ongoing regulatory process.

COMMENTS:

1. Rationale. After timber has been harvested in an area, stocking standards ensure that the area is restocked with trees so that the timberland can be maintained. Stocking standards set the requirement for how many trees (point count) must be replanted or, accounting for large and small trees, the aggregate of tree diameters for an area (the basal area). AB 2082 (Dahle), Chapter 212, Statutes of 2014, allowed the Board to develop alternative stocking standards for the point count approach to stocking, but not the basal area.

As the survival rate of seedlings has improved and concerns about fire risk and forest health have increased, there is a growing need to tailor stocking standards to meet the forest’s characteristics.

According to the Board, allowing alternative stocking standards for the basal area will assist in restoring oak woodlands.

2. Background. The Forest Practices Act prohibits timber operations unless a timber harvest plan (THP) is prepared by a registered professional forester and approved by the Director of CALFIRE or the Board. Within five years after completion of timber operations, the area covered by the THP is required to be stocked according to minimum stocking standards provided by law. The Board may adopt higher minimum stocking standards if the Board determines the standards are necessary to address specific resource and environmental quality issues. In order to adopt higher standards, the Board must adopt standards for each district, after a public hearing. The Board is not currently authorized to adopt standards lower than the minimum provided by law.

Douglas-fir can become established in oak woodland stands, which jeopardizes the growth and regeneration of oaks. Douglas-fir can quickly overtop oak trees, shade them out, and suppress oak regeneration. Conifer encroachment threatens the future of many oak woodlands in Northern California and is a primary factor driving the loss of oak woodlands in Humboldt County. This bill provides an alternative stocking standard to allow the removal of Douglas-fir and encourage oak regeneration.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: April 13, 2015

ASSEMBLY COMMITTEE ON NATURAL RESOURCES

Das Williams, Chair

ABPCA Bill Id:AB 417

Author:(Dahle) – As Introduced Ver:February 19, 2015

SUBJECT: Forest practices: resource conservation standards

SUMMARY: Expands the Board of Forestry and Fire Protection (Board) authority to develop alternative stocking standards, when necessary, to include the average residual basal area approach of stocking.

EXISTING LAW, pursuant to the Z’Berg-Nejedly Forest Practice Act of 1973 (FPA):

1. Requires the Board to adopt rules and regulations such as the Forest Practice Rules (FPR) to assure the continuous growing and harvesting of commercial forest tree species and to protect the soil, air, fish and wildlife, and water resources, including but not limited to, streams, lakes, and estuaries.

2. Requires the Department of Forestry and Fire Protection (CAL FIRE) to oversee the FPA and the FPR in consultation with other public agencies and the interested public. The FPA and FPR specifically govern, among other things; timber harvest plans (THPs), Nonindustrial Timber Management Plans (NTMPs), Program Timber Harvesting Plans (PTHPs), and other types of plans related to timber operations on private lands in California.

3. Within five years after completion of timber operations, requires either of the following minimum stocking standards for an area covered by a THP:

1. An average point count of 300 per acre, except for site IV classification or lower (i.e., sites with the lowest productivity potential), which shall have an average point count of 150 per acre. (The point count of a tree is determined by tree size. For example, a tree that is less than four inches in diameter at breast height counts as one point. A tree over 12 inches in diameter counts as six points.);

2. An average residual basal area (i.e., the sum of tree diameter for an acre) of at least 85 square feet per acre, except for site II classification (i.e., sites with intermediate productivity potential) or lower, which shall have the minimum average residual basal area of 50 square feet per acre.

4. Authorizes the Board to develop alternative stocking standards for the average point count method of stocking if those standards address the variables in forest characteristics and achieve suitable resource conservation, but does not authorize alternative stocking standards for average residual basal area method.

FISCAL EFFECT: Unknown

COMMENTS:

1. Stocking. After timber has been harvested in an area, stocking standards ensure that the area is restocked with trees so that the timberland can be maintained. Stocking standards set the requirement for how many trees (point count) must be replanted or, accounting for large and small trees, the aggregate of tree diameters for an area (the basal area). As the survival rate of seedlings has improved and concerns about overstocking’s impact on fire risk and forest health has increased, there has been a desire to tailor stocking standards to meet the forest’s characteristics.

According to the Board, allowing alternative stocking standards for the basal area will assist in restoring oak woodlands. Douglas-fir can become established in oak woodland stands, which jeopardizes the growth and regeneration of oaks. Douglas-fir can quickly overtop oak trees, shade them out, and suppress oak regeneration. Conifer encroachment threatens the future of many oak woodlands in Northern California and is a primary factor driving the loss of oak woodlands in Humboldt County. An alternative stocking standard will allow for the removal of Douglas-fir to encourage oak regeneration.

2. Prior legislation. AB 2082 (Dahle), Chapter 212, Statutes of 2014, allowed the Board to develop alternative stocking standards for the point count approach to stocking, but not the basal area. The Board has gone on record saying “under the current construct of PRC § 4561.2 the Board cannot develop a residual basal area standard to facilitate the management of oak woodlands.”

REGISTERED SUPPORT / OPPOSITION:

Support

Board of Forestry and Fire Protection

California Forestry Association

Humboldt Redwood Company and Mendocino Redwood Company

Opposition

None on file

Analysis Prepared by: Michael Jarred / NAT. RES. / (916) 319-2092