Bill Text: CA AB1504 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Forest resources: carbon sequestration.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-29 - Chaptered by Secretary of State - Chapter 534, Statutes of 2010. [AB1504 Detail]

Download: California-2009-AB1504-Amended.html

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BILL NUMBER: AB 1504	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 2, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 17, 2010
	AMENDED IN ASSEMBLY  JANUARY 13, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Skinner
   (Principal coauthor: Assembly Member Chesbro)

                        FEBRUARY 27, 2009

   An act to amend Sections 4512, 4513,  4551, and 4582
  and 4551  of, and to add Section 4512.5 to, the
Public Resources Code, relating to forest resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1504, as amended, Skinner. Forest resources: carbon
sequestration.
   (1) The Z'berg-Nejedly Forest Practice Act of 1973, which
regulates timber harvesting, contains legislative findings and
declarations relative to forest resources, including a declaration
that it is the policy of the state to encourage prudent and
responsible forest resource management calculated to serve the public'
s need for timber and other forest products, while giving
consideration to other specified public needs. The act also states
the Legislature's intent to create and maintain an effective and
comprehensive system of regulation and use of all timberlands to
assure that the goal of maximum sustained production of high quality
timber products is achieved while giving consideration to specified
values.
   This bill would include in that list of specified public needs and
that list of specified values sequestration of carbon dioxide. The
bill also would make other legislative findings and declarations
relative to carbon dioxide sequestration as it relates to forests.
   (2) The act requires the Board of Forestry and Fire Protection to
adopt district forest practice rules and regulations in accordance
with specified policies to, among other things, assure the continuous
growing and harvesting of commercial forest tree species. A willful
violation of the board's rules or regulations is a crime.
   This bill would also require the board to ensure that its rules
and regulations that govern the harvesting of commercial forest tree
species consider the capacity of forest resources to sequester carbon
dioxide emissions sufficient to meet or exceed the state's
greenhouse gas reduction requirements for the forestry sector,
consistent with the scoping plan adopted by the State Air Resources
Board pursuant to the California Global Warming Solutions Act of
2006. Because a willful violation of those rules and regulations
would be a crime, the bill would impose a state-mandated local
program. 
   (3) The act requires a timber harvesting plan to be filed with the
Department of Forestry and Fire Protection by a specified person if
that person plans to harvest the timber on the land. The act requires
the plan to include, among other things, an outline of the methods
to be used to avoid excessive accelerated erosion from timber
operations to be conducted within the proximity of a stream. A
willful violation of the act is a crime.  
   This bill would also require the plan to include an estimate of
the emissions of carbon dioxide from timber operations. Because a
willful violation of that requirement would be a crime, the bill
would impose a state-mandated local program.  
   (4) 
    (3)  The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4512 of the Public Resources Code is amended to
read:
   4512.  (a) The Legislature hereby finds and declares that the
forest resources and timberlands of the state are among the most
valuable of the natural resources of the state and that there is
great concern throughout the state relating to their utilization,
restoration, and protection.
   (b) The Legislature further finds and declares that the forest
resources and timberlands of the state furnish high-quality timber,
recreational opportunities, and aesthetic enjoyment while providing
watershed protection and maintaining fisheries and wildlife.
   (c) The Legislature thus declares that it is the policy of this
state to encourage prudent and responsible forest resource management
calculated to serve the public's need for timber and other forest
products, while giving consideration to the public's need for
watershed protection, fisheries and wildlife, sequestration of carbon
dioxide, and recreational opportunities alike in this and future
generations.
   (d) It is not the intent of the Legislature by the enactment of
this chapter to take private property for public use without payment
of just compensation in violation of the California and United States
Constitutions.
  SEC. 2.  Section 4512.5 is added to the Public Resources Code, to
read:
   4512.5.  The Legislature finds and declares all of the following:
   (a) State forests play a critical and unique role in the state's
carbon balance by sequestering carbon dioxide from the atmosphere and
storing it long term as carbon.
   (b) According to the scoping plan adopted by the State Air
Resources Board pursuant to the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code), the state's forests currently are an annual
net sequester of five million metric tons of carbon dioxide
(5MMTCO2). In fact, the forest sector is the only sector included in
the scoping plan that provides a net sequestration of greenhouse gas
emissions.
   (c) The scoping plan proposes to maintain the current 5MMTCO2
annual sequestration rate through 2020 by implementing "sustainable
management practices," which include potential changes to existing
forest practices and land use regulations.
   (d) There is increasing evidence that climate change has and will
continue to stress forest ecosystems, which underscores the
importance of proactively managing forests so that they can adapt to
these stressors and remain a net sequester of carbon dioxide.
   (e) The board, the department, and the State Air Resources Board
should strive to go beyond the status quo sequestration rate and
ensure that their policies and regulations reflect the unique role
forests play in combating climate change.
  SEC. 3.  Section 4513 of the Public Resources Code is amended to
read:
   4513.  It is the intent of the Legislature to create and maintain
an effective and comprehensive system of regulation and use of all
timberlands so as to ensure both of the following:
   (a) Where feasible, the productivity of timberlands is restored,
enhanced, and maintained.
   (b) The goal of maximum sustained production of high-quality
timber products is achieved while giving consideration to values
relating to sequestration of carbon dioxide, recreation, watershed,
wildlife, range and forage, fisheries, regional economic vitality,
employment, and aesthetic enjoyment.
  SEC. 4.  Section 4551 of the Public Resources Code is amended to
read:
   4551.  (a) The board shall adopt district forest practice rules
and regulations for each district in accordance with the policies set
forth in Article 1 (commencing with Section 4511) of this chapter
and pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code to  assure
  ensure  the continuous growing and harvesting of
commercial forest tree species and to protect the soil, air, fish,
wildlife, and water resources, including, but not limited to,
streams, lakes, and estuaries.
   (b) The board shall ensure that its rules and regulations that
govern the harvesting of commercial tree species, where applicable,
consider the capacity of forest resources, including 
above-ground   above ground  and 
below-ground   below ground  biomass and soil, to
sequester carbon dioxide emissions sufficient to meet or exceed the
state's greenhouse gas reduction requirements for the forestry
sector, consistent with the scoping plan adopted by the State Air
Resources Board pursuant to the California Global Warming Solutions
Act of 2006 (Division 25.5 (commencing with Section 38500) of the
Health and Safety Code). 
  SEC. 5.    Section 4582 of the Public Resources
Code is amended to read:
   4582.  The timber harvesting plan shall be filed with the
department in writing by a person who owns, leases, or otherwise
controls or operates on all or any portion of any timberland and who
plans to harvest the timber thereon. If the person who files the plan
is not the owner of the timberland, the person filing the plan shall
notify the timberland owner by certified mail that the plan has been
submitted and shall certify that mailing to the department. The plan
shall be a public record and shall include all of the following
information:
   (a) The name and address of the timber owner.
   (b) The name and address of the timber operator if known at the
time of filing. If the timber operator is not known at the time of
filing, the plan submitter shall notify the department as soon as the
timber operator is known, but in any case before timber operations
begin.
   (c) A description of the land on which the work is proposed to be
done, including a United States Geological Survey quadrangle map or
equivalent indicating the location of all streams, the location of
all proposed and existing logging truck roads, and indicating
boundaries of all site I classification timberlands to be stocked in
accordance with subdivision (b) of Section 4561 and any other site
classifications if the board establishes specific minimum stocking
standards for other site classifications.
   (d) A description of the silvicultural methods to be applied,
including the type of logging equipment to be used.
   (e) An outline of the methods to be used to avoid excessive
accelerated erosion from timber operations to be conducted within the
proximity of a stream.
   (f) An estimate of the emissions of carbon dioxide from timber
operations, including emissions from aboveground and belowground
carbon pools, such as biomass and soil.
   (g) Special provisions, if any, to protect any unique area within
the area of timber operations.
   (h) The expected dates of commencement and completion of timber
operations.
   (i) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.
   (j) Any other information the board provides by regulation to meet
its rules and the standards of this chapter. 
   SEC. 6.   SEC. 5.   No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.