BILL NUMBER: AB 1005 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2012
INTRODUCED BY Assembly Member Dickinson
FEBRUARY 18, 2011
An act to add Section 4582.73 to the Public Resources
Code, relating to forest practices.
LEGISLATIVE COUNSEL'S DIGEST
AB 1005, as amended, Dickinson. Forest practices: timber
harvesting plan.
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 to
the Department of Forestry and Fire Protection. The Forest Practice
Act of 1973 provides that the Director of Forestry and
Fire Protection has the final authority to determine whether a timber
harvesting plan conforms with rules and regulations pertaining to
timber harvesting. Existing law also provides that the
director's authority is for purposes of approval by the department.
This bill would require the Secretary of the Natural Resources
Agency to convene a timber harvest working group to consider and
refine options for streamlining and providing additional revenue for
the state's timber harvest regulatory program. The working group
would be composed of representatives from environmental organizations
and the timber industry, and the chairperson and vice chairperson of
certain legislative committees. The bill would authorize the
Secretary of the Natural Resources Agency to designate one or more
individuals representing the Department of Forestry and Fire
Protection, the Department of Fish and Game, the California Coastal
Commission, the California Geological Survey, and the State Water
Resources Control Board to serve on the working group.
The bill would require the working group, on or before June 1,
2013, to report its recommendations to the Legislature.
This bill, would additionally 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 would require the department to establish a charge to
cover the reasonable cost of these reviews to be paid by the person
submitting a timber harvesting plan for approval.
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. (a) The Secretary of the Natural Resources
Agency shall convene a timber harvest working group to consider and
refine options for streamlining and providing additional revenue for
the state's timber harvest regulatory program.
(b) The working group shall be composed of the following persons:
(1) The Governor shall appoint one representative of an
environmental organization and one representative from the timber
industry.
(2) The Speaker of the Assembly and the Senate Committee on Rules
shall each appoint two representatives of environmental organizations
and two representatives from the timber industry.
(3) The chairperson and vice chairperson, or their designated
representatives, of the Assembly Committee on Natural Resources, the
Assembly Committee on Accountability and Administrative Review, and
the Senate Committee on Natural Resources and Water.
(4) The chairperson, or his or her designated representative, of
the Assembly Committee on Budget and the Senate Committee on Budget
and Fiscal Review.
(c) The Secretary of the Natural Resources Agency may designate
one or more individuals representing the Department of Forestry and
Fire Protection, the Department of Fish and Game, the California
Coastal Commission, the California Geological Survey, and the State
Water Resources Control Board to serve on the working group.
(d) The Legislative Analyst shall provide technical assistance to
the working group.
(e) On or before June 1, 2013, the working group shall report its
recommendations to the Legislature.
(f) A report to be submitted pursuant to subdivision (e) shall be
submitted in compliance with Section 9795 of the Government Code.
SECTION 1. Section 4582.73 is added to the
Public Resources Code, to read:
4582.73. (a) In addition to Section 4582.7, a timber harvesting
plan shall be subject to both of the following.
(1) A review conducted by the Department of Fish and Game, the
appropriate regional water quality control board, the California
Geological Survey, and, where applicable, the California Coastal
Commission.
(2) If the review finds environmental issues and mitigation
measures suggested by the reviewing entities are not deemed to be
necessary by the director, the plan shall be reviewed by the
Secretary for Natural Resources Agency for final determination.
(b) The department shall establish a charge to cover the
reasonable cost of the reviews required by this section to be paid by
the person submitting a timber harvesting plan for approval.