BILL NUMBER: AB 1345 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Dahle
FEBRUARY 27, 2015
An act to amend Section 39719 of, and to add Section 38552 to, the
Health and Safety Code, and to add Chapter 7.5 (commencing with
Section 4495) to Part 2 of Division 4 of the Public Resources Code,
relating to wildfires, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1345, as introduced, Dahle. California Global Warming Solutions
Act of 2006: wildfires.
Existing law requires the Department of Forestry and Fire
Protection to implement various fire prevention programs in the state
and to provide fire suppression service in the event of wildfires in
forest resources and timberlands.
The California Global Warming Solutions Act of 2006 designates the
State Air Resources Board as the state agency charged with
monitoring and regulating sources of emissions of greenhouse gases.
The state board is required to adopt a statewide greenhouse gas
emissions limit equivalent to the statewide greenhouse gas emissions
level in 1990 to be achieved by 2020. The act authorizes the state
board to include the use of market-based compliance mechanisms.
Existing law requires all moneys, except for fines and penalties,
collected by the state board from the auction or sale of allowances
as part of a market-based compliance mechanism to be deposited in the
Greenhouse Gas Reduction Fund and to be available upon
appropriation.
This bill would require the state board, in consultation with the
department, no later than January 1, 2017, to estimate the annual
greenhouse gas emissions associated with wildfires in California
between the years 1990 and 2015, inclusive. The bill would require
the state board to develop, no later than January 1, 2017, an
emissions baseline for wildfires by calculating the average of the
annual greenhouse gas emissions associated with wildfires between the
years 1990 and 2015, inclusive. The bill would require the state
board and the department to annually approximate, no later than July
1, 2017, and every year thereafter, the greenhouse gas emissions
associated with wildfires during the prior calendar year.
This bill, beginning with the 2016-17 fiscal year, would
continuously appropriate $100,000,000 to the department from the
Greenhouse Gas Reduction Fund for specified activities that have the
purpose of reducing greenhouse gas emissions by preventing the
incidence of and reducing the intensity of catastrophic wildfires.
This bill would require the department, no later than July 1,
2017, after one or more specified public workshops, to develop and
begin implementation of strategies to reduce by 2035 the preceding
5-year average of greenhouse gas emissions associated with wildfires
by 20 percent below the greenhouse gas emissions baseline described
above.
Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) For millennia, fire has shaped and renewed the ecosystems of
California's forestlands. Some of these fires were naturally ignited
by lightning, but fire was also an important tool for Native
Americans.
(b) For more than a century, states and the federal government
have focused on fire suppression. This has resulted in unnaturally
high fuel accumulations. Forests that may have normally hosted 50 to
60 trees per acre can now average 350 trees per acre or more. These
forest conditions, often combined with prolonged periods of drought,
substantially increase the risk of catastrophic wildfire and
complicate response efforts.
(c) Historically, fire regimes were frequent, as often as every 3
to 10 years, but burned with far less intensity. Unlike modern
catastrophic wildfires, historic forest fires largely burned surface
fuels and scattered small groups of trees. In contrast, today's
forest fires often devastate wide swaths of forest, threaten and
damage buildings and life, destroy habitat, kill wildlife, and cause
severe erosion.
(d) California is expected to see more large fires in the future,
which will result in increased greenhouse gas emissions. Some studies
suggest that forest-fire-related greenhouse gas emissions could
increase by more than 50 percent in the next 70 years.
(e) The 2013 Rim Fire burned over 250,000 acres over 69 days and
caused hundreds of millions of dollars in economic and environmental
damage; destroyed significant habitat for a number of California's
rarest animals; and demanded more than $125 million in firefighting
costs. It is estimated that the Rim Fire released over 11 million
metric tons of greenhouse gases, which is equivalent to the annual
emissions of 2.3 million cars. Experts have attributed the fire's
exponential growth to a century's worth of fuel left behind due to
historical fire suppression policies.
(f) The 2007 Angora Fire resulted in roughly 143,000 tons of
greenhouse gas emissions, or approximately 46.2 tons per acre.
Studies indicate that those emissions could have been lowered to 12
tons per acre if the tree density was reduced from approximately 273
trees per acre to the natural 60 trees per acre level.
(g) To avoid these greenhouse gas emissions, we must focus our
efforts on reducing the risk and intensity of catastrophic wildfires.
SEC. 2. Section 38552 is added to the Health and Safety Code, to
read:
38552. (a) No later than January 1, 2017, the state board, in
consultation with the Department of Forestry and Fire Protection,
shall estimate the annual greenhouse gas emissions associated with
wildfires in California between the years 1990 and 2015, inclusive.
To ensure the most accurate determination feasible, the state board
shall evaluate the best available information on greenhouse gas
emissions associated with wildfires.
(b) No later than January 1, 2017, the state board shall develop
an emissions baseline for wildfires by calculating the average of the
annual greenhouse gas emissions associated with wildfires between
the years 1990 and 2015, inclusive.
(c) No later than July 1, 2017, and every year thereafter, the
state board and the Department of Forestry and Fire Protection shall
annually approximate the greenhouse gas emissions associated with
wildfires during the prior calendar year.
(d) In performing the requirements pursuant to this section, the
state board and the Department of Forestry and Fire Protection shall
consider and separately quantify emissions associated with fires
originating on federally managed lands and evaluate whether those
emissions were exacerbated by management activities utilized on those
lands.
SEC. 3. Section 39719 of the Health and Safety Code is amended to
read:
39719. (a) The Legislature shall appropriate the annual proceeds
of the fund for the purpose of reducing greenhouse gas emissions in
this state in accordance with the requirements of Section 39712.
(b) To carry out a portion of the requirements of subdivision (a),
annual proceeds are continuously appropriated for the following:
(1) Beginning in the 2015-16 fiscal year, and notwithstanding
Section 13340 of the Government Code, 35 percent of annual proceeds
are continuously appropriated, without regard to fiscal years, for
transit, affordable housing, and sustainable communities programs as
following:
(A) Ten percent of the annual proceeds of the fund is hereby
continuously appropriated to the Transportation Agency for the
Transit and Intercity Rail Capital Program created by Part 2
(commencing with Section 75220) of Division 44 of the Public
Resources Code.
(B) Five percent of the annual proceeds of the fund is hereby
continuously appropriated to the Low Carbon Transit Operations
Program created by Part 3 (commencing with Section 75230) of Division
44 of the Public Resources Code. Funds Moneys
shall be allocated by the Controller, according to
requirements of the program, and pursuant to the distribution formula
in subdivision (b) or (c) of Section 99312 of, and Sections 99313
and 99314 of, the Public Utilities Code.
(C) Twenty percent of the annual proceeds of the fund is hereby
continuously appropriated to the Strategic Growth Council for the
Affordable Housing and Sustainable Communities Program created by
Part 1 (commencing with Section 75200) of Division 44 of the Public
Resources Code. Of the amount appropriated in this subparagraph, no
less than 10 percent of the annual proceeds,
proceeds shall be expended for affordable housing, consistent
with the provisions of that program.
(2) Beginning in the 2015-16 fiscal year, notwithstanding Section
13340 of the Government Code, 25 percent of the annual proceeds of
the fund is hereby continuously appropriated to the High-Speed Rail
Authority for the following components of the initial operating
segment and Phase I Blended System as described in the 2012 business
plan adopted pursuant to Section 185033 of the Public Utilities Code:
(A) Acquisition and construction costs of the project.
(B) Environmental review and design costs of the project.
(C) Other capital costs of the project.
(D) Repayment of any loans made to the authority to fund the
project.
(3) Beginning with the 2016-17 fiscal year and notwithstanding
Section 13340 of the Government Code, one hundred million dollars
($100,000,000) is hereby continuously appropriated to the Department
of Forestry and Fire Protection from the fund, for the purposes of
reducing greenhouse gas emissions by preventing the incidence and
reducing the intensity of catastrophic wildfires, by any of the
following methods:
(A) Vegetation management and brush clearance.
(B) Biomass energy incentives.
(C) Incentives for private actions to reduce the risk or intensity
of wildfires or improve the resiliency of those lands.
(D) Reforestation of lands that have previously been burned in a
catastrophic wildfire.
(c) In determining the amount of annual proceeds of the fund for
purposes of the calculation in subdivision (b), the funds
moneys subject to Section 39719.1 shall not be
included.
SEC. 4. Chapter 7.5 (commencing with Section 4495) is added to
Part 2 of Division 4 of the Public Resources Code, to read:
CHAPTER 7.5. WILDFIRES AND GREENHOUSE GAS EMISSIONS
4495. (a) No later than July 1, 2017, the department shall, after
one or more public workshops, with public notice, and an opportunity
for all interested parties to comment, develop and begin
implementation of strategies to reduce by 2035 the preceding
five-year average of greenhouse gas emissions associated with
wildfires by 20 percent below the greenhouse gas emissions baseline
established pursuant to subdivision (b) of Section 38552 of the
Health and Safety Code.
(b) The strategies developed and implemented pursuant to
subdivision (a) may include, but are not limited to, any of the
following:
(1) Vegetation management and brush clearance.
(2) Biomass energy incentives.
(3) Incentives for private actions to reduce the risk or intensity
of wildfires or improve the resiliency of those lands.
(4) Reforestation of lands that have previously been burned in a
catastrophic wildfire.
(5) Agreements between the federal government and the department
to undertake identified strategies.