BILL NUMBER: SB 455 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 11, 2012
AMENDED IN SENATE JANUARY 25, 2012
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Pavley
FEBRUARY 16, 2011
An act to amend Section 4604 4621
of, and to add Article 7.6 (commencing with Section 4595) to
Chapter 8 of Part 2 of Division 4 of, Section 4622.5
to, the Public Resources Code, relating to forestry.
LEGISLATIVE COUNSEL'S DIGEST
SB 455, as amended, Pavley. Forestry: watersheds: timber
harvesting plans. timberlands: conversion mitigation.
(1) The
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, and approved by, the Department of Forestry and
Fire Protection. A violation of the act is a crime. The act also
requires a person who owns timberlands, which are to be devoted to
uses other than the growing of timber, to file an
application for conversion with the State Board of Forestry and Fire
Protection.
This bill would prohibit the department from approving an
application for conversion of timberlands of 3 or more acres unless
specific mitigation requirements are met. The bill would provide an
exception for a county that adopts a timberland conversion and
mitigation ordinance that meets or exceeds the mitigation
requirements. The bill would authorize a timberland conversion permit
applicant to contract for the state, among others, to implement
mitigation activities. The bill would establish a continuously
appropriated fund to be administered by the Natural Resources Agency
and would require that moneys received under a contract to mitigate a
conversion of timberlands be deposited in the fund and expended for
that purpose. The bill would also allow the department to collect a
fee for permits applicable to the conversion of timberlands of 3 or
more acres to cover its costs and the costs of the Department of Fish
and Game in approving timberland conversion permits and ensuring
that mitigation requirements are met.
The bill would enact the California Watershed and Timberland
Conservation Act of 2012, which would authorize a person to file a
watershed timber harvest plan (WTHP), as defined, for the purpose of
conducting timber operations. The bill would require the WTHP to be
prepared by a registered professional forester and filed with the
department in writing and would require the forester to certify and
provide a report describing the inspection of the WTHP area. By
creating a new crime in the act, the bill would impose a state
mandated-local program.
The bill would require the WTHP to contain certain information,
including the name and address of the timber owner and timberland
owner. The bill would require the WTHP to include all information
otherwise required of a timber harvest plan relating to environmental
impacts, mitigation measures, and feasible alternatives, and a
sustained timber production assessment that includes certain
information, including a summary table of wildlife habitat
relationships, compositions, and state structure types. The bill
would require the WTHP to also include a watershed assessment and
planning segment and a fish and wildlife assessment, as specified.
The bill would require the department to provide notice of the
filing of the WTHP and any amendments to the WTHP to any person who
requests it, and would require the department to place the WTHP, or a
copy, in a file available for public inspection and to post a copy
on the department's Internet Web site. The bill would authorize the
department to assess an application fee for its appropriate costs in
reviewing a WTHP and accompanying environmental impact report.
The bill would require a compliance report to be filed every 2
years with the department by every landowner with an approved WTHP.
The bill would require the director of the department to determine
whether the WTHP conforms with the rules and regulations of the
State Board of Forestry and Fire Protection. If the director
determines that the WTHP would violate any applicable rule, law, or
regulation, the bill would require the director to return the WTHP
stating his or her reasons. The bill would permit a person to whom
the WTHP is returned to request a public hearing before the board, as
provided.
The bill would require that an approved WTHP and the related
environmental impact report be effective for a period of 20 years.
The bill would require the director in conjunction with all
responsible and trustee agencies to conduct a comprehensive review at
each 2-year interval of a WTHP and, if a plan is found to be out of
compliance, to suspend the plan until the director determines that
the WTHP is amended and in compliance. The bill would require the
plan submitter to notify each county recorder in which lands subject
to the WTHP are located. The bill would authorize the WTHP landowner
to cancel the WTHP by submitting written notice to the department.
The bill would require the WTHP landowner to file a notice with the
department if he or she plans to conduct timber operations on the
land within a given year. The bill would require the director to
approve a notice of WTHP activities in specified circumstances,
unless the information contained in the notice is incorrect,
incomplete, or misleading in a material way, or inconsistent with the
WTHP.
The bill would require the landowner, upon completion of WTHP
activities, to file a report of satisfactory completion. The bill
would require the landowner to file with the department a compliance
report within 2 years of the approval date of the WTHP, and for every
2 years thereafter, until all units in the WTHP area have received
completion reports.
The bill would require the director to report to the Legislature,
beginning December 31, 2017, and every 5 years thereafter, on these
provisions and any amendments needed to these provisions. The bill
would require that timberland conversions of greater than one acre to
nonforest uses, including all harvesting necessary to complete a
timberland conversion, be fully mitigated, including, but not limited
to, mitigation for any depletion of current or future carbon stocks.
(2) The act requires the department to provide an initial
inspection of the area in which timber operations are to be conducted
within 10 days from the date of filing of the timber harvesting plan
or a nonindustrial timber management plan, or a longer period as may
be mutually agreed upon by the department and the person submitting
the plan.
This bill would require the department to also provide an initial
inspection of the area in which timber operations are to be conducted
within in 10 days from the date of filing of a WTHP.
(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 no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all
of the following:
(a) It is the intent of the Legislature to maintain California's
current acreage of timberlands in order to provide for the
environmental and watershed amenities of timberlands and to maintain
the economic productivity of those lands.
(b) It is also the intent of the Legislature to maintain
California's timberlands to help achieve the state's greenhouse gas
reduction goals.
(c) It is further the intent of the Legislature that the impacts
of the conversion of timberlands to nonforest uses be mitigated in a
way that provides a mechanism to help maintain California's
timberland base.
(d) It is further the intent of the Legislature that those who
convert timberlands to nonforest uses, mitigate those impacts, which
will create economic incentives for other landowners to manage their
lands to maintain and restore timberland to help achieve the state's
climate goals.
SEC. 2. Section 4621 of the Public
Resources Code is amended to read:
4621. (a) Any person who owns timberlands which are to be devoted
to uses other than the growing of timber shall file an application
for conversion with the board. The board shall, by regulation,
prescribe the procedures for, form, and content of, the application.
An application for a timberland conversion permit shall be
accompanied by an application fee, payable to the department, in an
amount determined by the board pursuant to subdivision (b).
(b) The board shall establish, by regulation, a system of
graduated timberland conversion permit fees to finance the cost of
administering this article.
(c) For permits applicable to the conversion of timberlands of
three or more acres, the department may collect a fee as necessary to
cover its costs and the costs of the Department of Fish and Game in
approving these timberland conversion permits and ensuring that
mitigation requirements occur and are maintained over time.
SEC. 3. Section 4622.5 i s added to the
Public Resources Code , to read:
4622.5. (a) An application for conversion of timberlands of three
or more acres shall not be approved unless the department, based on
information provided by the applicant, finds all of the following:
(1) All of the environmental impacts of the conversion, including
impacts on wildlife, habitat values, and forest type are fully
mitigated. This determination shall be made in consultation with the
Department of Fish and Game.
(2) The mitigation pursuant to paragraph (1) occurs on California
timberlands and complies with the greenhouse gas reduction principles
identified in subdivision (d) of Section 38562 of the Health and
Safety Code.
(3) The mitigation pursuant to paragraph (1) includes the loss of
carbon in above-ground and below-ground biomass and the loss of
future ongoing carbon sequestration. The mitigation shall be
consistent with the greenhouse gas methodologies approved by the
California Air Resources Board.
(4) The mitigation pursuant to paragraph (1) will be implemented
as required under subdivision (e).
(b) All mitigation associated with conversion projects shall be on
lands that secure the mitigation with a permanent conservation
easement and include, but not be limited to, the reforestation of a
previously forested area at a minimum acreage ratio of 1:1. The lands
on which this mitigation occurs shall not have been in forest cover
for at least 10 years.
(c) To the extent the reforestation activity in subdivision (b)
does not fully mitigate the impacts of the conversion project
identified in subdivision (a), the applicant shall undertake one or a
combination of the following actions:
(1) Avoid the loss of carbon in above-ground and below-ground
biomass by preserving timberland at risk of conversion.
(2) Manage timberlands to sequester additional carbon in
above-ground and below-ground forest biomass.
(d) All mitigation shall be the responsibility of the timberland
conversion permit applicant.
(e) All mitigation shall be implemented within one year of the
conversion to nonforest use and in either of the following ways:
(1) The permit applicant may undertake the mitigation directly, if
the department finds that the mitigation will comply with this
section.
(2) The permit applicant may undertake the mitigation through
contracts or other agreements with the state, or if the department
finds that the mitigation will comply with this section, with third
parties that have expertise in managing timberlands, including local
conservation corps, nonprofit organizations, or private landowners.
(f) (1) The Timberland Conversion Services Fund is hereby created
in the State Treasury, to be administered by the Natural Resources
Agency.
(2) All moneys received by the agency pursuant to an agreement
authorized under paragraph (a) of subdivision (e) shall be deposited
in the fund and expended to mitigate the timberland conversion that
is the subject of that agreement.
(3) The moneys in the fund shall be continuously appropriated to
the agency for purposes of this section.
(g) Conversions that comply with subdivision (g) of Section 4584
are exempt from this section.
(h) The department may exempt from this section a county that
adopts a timberland conversion and mitigation ordinance that it finds
meets or exceeds the mitigation requirements of this section.
(i) The department shall develop guidelines to assist in
compliance with this section. Any guidelines shall be developed in
consultation with and approved by the California Air Resources Board
and shall be consistent with the relevant greenhouse gas accounting
method developed by the California Air Resources Board. The
California Air Resources Board and the department may seek
reimbursement of their costs from any appropriate source including
the fund established in paragraph (2) of subdivision (e).
(j) The requirements imposed by this section for the approval of a
timberland conversion permit are in addition to any other
requirements established by law or regulation.
SECTION 1. This act shall be known as the
California Watershed and Timberland Conservation Act of 2012.
SEC. 2. (a) The Legislature finds and declares
that it is the policy of the state to encourage prudent and
responsible long-term forest management of timberlands to maintain
the economic use of those timberlands and their climate and public
benefits, minimize the cost of project review for state and local
government and associated impacts to the General Fund, and provide
for an efficient and predictable permitting process for the
landowner, effective regulatory oversight, and comprehensive
environmental impact analysis, mitigation, and protection.
(b) It is the intent of the Legislature to establish an optional,
voluntary, watershed-scale timber harvest permitting process that
coordinates the permitting requirements of the various responsible
and trustee agencies involved in the review of watershed-scale timber
harvest plans, including, but not limited, to the Department of
Forestry and Fire Protection, the appropriate California regional
water quality control board, the Department of Fish and Game, the
Department of Conservation, and other public agencies.
(c) It is the intent of the Legislature that the timber harvest
permitting process established by this act lead to measurable climate
benefits in existing biological carbon stocks on the timberlands
covered by this permitting process, while fostering other public
benefits, and that long-term sustained yield include analysis of
carbon stocks that demonstrates attainment of these objectives.
(d) It is the intent of the Legislature that timberland enrolled
in the watershed-scale timber harvest permitting program established
by this act shall be maintained as forestland, and not converted to
nonforest uses during the effective period of the permit.
(e) It is the intent of the Legislature to maintain and enhance
the climate benefits of California's timberlands by ensuring that any
loss of timberland and carbon sequestration due to conversion to a
nonforest use is mitigated.
(f) It is the intent of the Legislature that any watershed timber
harvest plans (WTHP) prepared under the permitting authority
established by this act will support the issuance of state permits
necessary to conduct timber operations over a 20-year period and that
agencies and departments with regulatory permitting authority for
activities necessary to implement timber operations concur with the
WTHP in writing prior to approval by the department. Responsible and
trustee agencies are expected to conduct joint field inspections to
resolve interagency disagreements because discussions about resource
management are often more effective when they occur in the field.
(g) It is the intent of the Legislature to encourage forests to be
managed for structural and biological diversity, more structurally
diverse wildlife habitat, resilience to climate change and wildfire,
carbon sequestration, and protection of public trust resources.
(h) It is the intent of the Legislature that, to the extent
possible, responsible and trustee agencies will be able to rely on
the information and analysis contained within the WTHP in exercising
their duties under this article and other applicable law. It is not
the intent of the Legislature to constrain the authority of any
responsible or trustee or other public agency.
(i) It is the intent of the Legislature that the state agencies
involved in the review of a WTHP have the staff and fiscal resources
to be fully engaged in the review and approval of the WTHP, its
environmental analyses, and the other activities enumerated in
Article 7.6 (commencing with Section 4595) of Chapter 8 of Part 2 of
Division 4 of the Public Resources Code.
(j) It is the intent of the Legislature to recognize that
landowners with an interest in providing conservation benefits should
be allowed to participate in mitigation activities, including
mitigation banking, that add economic value to the conservation
activities undertaken pursuant to this act and other specified,
beneficial environmental actions.
SEC. 3. Article 7.6 (commencing with Section
4595) is added to Chapter 8 of Part 2 of Division 4 of the Public
Resources Code, to read:
Article 7.6. Watershed Timber Harvest Plan (WTHP)
4595. Notwithstanding Section 4521, unless the context requires
otherwise, the following definitions govern the construction of this
article:
(a) "WTHP assessment area" means all or a portion of the ownership
that has similar geological, climatic, and hydrological conditions.
An assessment area may include land not owned or controlled by the
plan submitter, as necessary to create a logical assessment unit. The
assessment area shall be comprised of at least one or more planning
watersheds. A watershed timber harvest plan may be comprised of one
or more assessment areas.
(b) "Onsite biological carbon stocks" means carbon in all
above-and-below ground carbon pools, including, but not limited to,
standing trees (including both live and dead trees, snags, and
hardwoods), understory vegetation, lying dead wood, roots, and soils.
(c) "Ownership" means the land owned by the timberland owner or
timber owner.
(d) "Planning watershed" means a planning watershed as delineated
in the California Interagency Watershed Mapping Committee (CalWater)
planning watershed maps.
(e) "Watershed timber harvest plan" or "WTHP" means a 20-year
management plan and timber harvesting permit for timberlands that are
located within a WTHP area for which timber harvesting is authorized
pursuant to this article. The size and scope of the WTHP shall be
restricted to a landowner's ownership within a forest district, as
defined by the board pursuant to Section 4531.
(f) "Watershed timber harvest plan notice" or "WTHP notice" means
a document that provides a description of timber harvest operations
to be conducted pursuant to and consistent with an approved WTHP that
meets the requirements of this article.
4595.1. (a) Except as modified in this article, the provisions
set forth in this chapter, and applicable regulations adopted by the
board that implement this chapter, shall apply.
(b) Except as otherwise expressly provided, nothing in this
article shall modify or affect the California Endangered Species Act
(Article 3 (commencing with Section 2080) of Chapter 1.5 of Division
3 of the Fish and Game Code), the California Environmental Quality
Act (Division 13 (commencing with Section 21000)), the Porter-Cologne
Water Quality Control Act (Chapter 1 (commencing with Section 13000)
of Division 7 of the Water Code), or any other provisions of state
law applicable to timber operations authorized pursuant to this
chapter.
(c) Except as expressly provided in this article, all timber
operations within an approved WTHP shall be conducted pursuant to
this chapter.
4595.2. (a) A WTHP shall be filed with the department in writing.
A WTHP shall be prepared by a registered professional forester and
it shall be a public record and the WTHP and any modifications
thereto shall be available electronically to the public.
(b) Notwithstanding Section 4581, a person may conduct timber
operations pursuant to a WTHP, as authorized pursuant to this
article.
4595.3. The WTHP shall include all information otherwise required
of a timber harvest plan relating to environmental impacts,
mitigation measures, and feasible alternatives. All feasible
mitigation measures necessary to reduce environmental impacts to a
less than significant level shall be incorporated into and shall be
enforceable under the WTHP. It is the intent of the Legislature that
formalized monitoring and adaptive management criteria are
incorporated into a WTHP. The analysis of environmental impacts shall
be conducted for the entire watershed and assessment area with
sufficient detail to allow contemplated timber operations to proceed
without the need for further environmental review, except as provided
by this article.
4595.3.1. A WTHP shall also include all of the following
information, however, proprietary information shall remain subject to
Section 21160:
(a) Name and address of the timber owner and timberland owner.
(b) Ownership description and location, including legal
descriptions and maps depicting the ownership and management units,
which shall be at a scale sufficient to allow the director to
determine the area covered by the WTHP.
(c) Management objectives for resources addressed in the WTHP,
including forest products, carbon sequestration, and structural
retention.
(d) A general narrative description of the forest types, fish and
wildlife habitats, and watercourses and lakes.
(e) Descriptions of the assessment area and rationale for
assessment area selection.
(1) The assessment area shall not exceed 100,000 acres unless
designation of a larger area is explained and justified in the WTHP
and determined by the director to be consistent with an approved
habitat conservation plan or natural community conservation plan.
(2) All planning watersheds included in the assessment area shall
be adjacent to or hydrologic subparts of, that assessment area.
(f) Identification and mapping of planning watersheds classified
as sensitive watersheds by the board and descriptions of the measures
taken to protect resources within those watersheds.
(g) Other provisions deemed necessary by the board and the
responsible or trustee agencies in order to provide the information
necessary to support the review and issuance of a WTHP.
4595.4. (a) A WTHP shall include a sustained timber production
assessment that clearly demonstrates consistency with the protection
of soil, water, air, carbon sequestration, fish, and wildlife
resources, and how the submitter will achieve maximum sustained
production of high-quality timber products while giving consideration
to regional economic vitality and employment at planned harvest
levels during the planning horizon.
(b) If the WTHP is based upon data on file with the director, the
data shall be updated no sooner than 10 years and no later than 11
years after the WTHP's initial approval.
(c) The sustained timber production assessment required by
subdivision (a) shall include all of the following:
(1) A summary table of wildlife habitat relationship (WHR)
compositions and stand structure types, or comparable stand structure
types within forest vegetation types with their respective acreage.
For an ownership's specific stand structure types, the registered
professional forester shall provide a written description of the
stand structure and characteristics that define each type, and
comparisons of those types to WHR typing. The WHR system and its uses
as described in "A Guide to the California Wildlife Habitat
Relationships System," California Department of Fish and Game, March
1988 is herein incorporated by reference.
(2) An estimate of the long-term sustained yield of the lands
proposed to be included in the WTHP, which shall be stated in terms
of board feet per year or cubic feet per year and include a
description of how the estimate was reached. If the ownership has not
attained long-term sustained yield, the WTHP shall estimate and
justify the transition period necessary to achieve long-term
sustained yield.
(3) A projection of growth and harvest for each WHR type or
comparable stand structure type within forest vegetation type over
each 10-year period in the planning horizon for each planning
watershed and a description, in narrative form, of the accuracy and
methodology used to estimate growth.
(4) An initial projection and periodic demonstration of sustained
and measurable increases in forest carbon stocks on the timberlands,
excluding any decreases in stocks due to wildfire, insect
infestation, and disease, both inside and outside of any wildlife
protection zones during the period covered by the WTHP, which shall
be provided to the director and electronically displayed to the
public at the end of every fifth year of the WTHP.
(5) An initial projection and periodic demonstrations of achieving
and sustaining structural retention over the life of the permit,
which shall be provided to the director and electronically displayed
to the public at the end of every fifth year of the WTHP.
(6) A discussion of the accuracy of the inventory data for the
management unit. Inventory data, models, and growth and harvest
projections utilized for harvest scheduling projections shall be
available for confidential audits by reviewing agencies along with
the basis for this data, including, but not limited to, the cruise
design and sample plot data and the statistical validity of those
estimates.
(7) A description of the silvicultural prescriptions applied to
each stand type, along with projected changes in WHR types or stand
structure types at five-year intervals that reflects planned
silvicultural application and growth of harvested and unharvested
stands.
(8) On lands controlled by the WTHP landowner, a disclosure of
those projected areas intended to be harvested within the period
covered by the WTHP permit, and the planned silvicultural method.
(d) The landowner shall include maps in the WTHP that show spatial
and temporal information about areas to be harvested, including
silvicultural method over the life of the permit. Every four years
the landowner shall provide the agencies and the public with more
specific maps that are consistent with the initial projection. If the
quadrennial updates differ significantly from the initial
projection, the WTHP shall be amended pursuant to this chapter.
4595.5. A WTHP shall include a fish and wildlife assessment that
shall contain all of the following:
(a) The geographic area covered by the fish and wildlife impacts
assessment that shall be the same area as the assessment area level
in the WTHP. Publicly available wildlife data shall be used for areas
outside the ownership and shall be included at the request of a
responsible or trustee agency when necessary for its analysis of the
individual or cumulative effects of proposed timber operations.
(b) Provisions that address threatened, endangered, and sensitive
species and nonlisted fish, and wildlife species upon which timber
operations could cause significant adverse individual or cumulative
impacts. The fish and wildlife assessment shall address those species'
habitat needs and the availability, shapes, and distribution of
habitats in relation to harvest schedule and growth projections and
the impacts of harvesting on those habitats. The WTHP shall discuss
and include all feasible measures planned to avoid or mitigate
potentially significant adverse environmental effects on fish and
wildlife.
(c) Maps by assessment area showing changes to wildlife habitat
relationship types or stand structure types that are likely to result
from projected timber operations.
(d) A description and demonstration that operations shall retain
and accrue structural elements, including large live trees, dead
snags and downed logs that meet the minimum standards set forth in
subdivision (b) of Section 4595.7, and provide any additional
structure necessary for wildlife.
4595.6. (a) Operations under a WTHP shall ensure that lands stay
in timber production, are managed in a manner that results in an
increase in total sequestered forest carbon both inside and outside
of any wildlife protection zones, and maintain a structurally and
biologically diverse landscape, resilient to climate change and
natural fire regimes.
(b) Lands enrolled in a WTHP shall be managed for timber
production for the life of the permit. If any timberland covered by
the permit is converted to a nontimber use or zoning is changed to a
status that would facilitate a nontimber use, the WTHP shall be
suspended pursuant to paragraph (5) of subdivision (a) of Section
4595.28.
(c) Timberlands covered by the WTHP shall be managed in a manner
that increases the total sum of onsite biological carbon stocks by at
least ____ percent across timberlands in the permit area over the
life of the permit and shall be assessed and demonstrated to the
department in a public document in five-year intervals.
(d) It is the intent of the Legislature that lands managed under a
WTHP shall result in, or where it already exists, maintain, a
landscape with significant structural diversity that is consistent
with this article, which persists over time.
(e) Forest structure within any even-aged harvest unit within one
mile and visible from a federal or state highway shall be retained at
one of the following levels:
(1) High retention - in areas that the registered professional
forester determines to be directly visible from a federal or state
highway, an average of at least eight trees per acre, 16 inches
diameter at breast height or greater, will be retained. The spacing
of retained trees will average approximately 50-75 feet or clumped to
mimic natural openings. Retained trees will be representative of the
stand.
(2) Moderate retention - in areas that the registered professional
forester determines to have partial screening due to topography,
slope, distance, or adjacent
stands, an average of at least six trees per acre, 16 inches
diameter at breast height or greater, will be retained. The spacing
of retained trees will average approximately 75-100 feet or clumped
to mimic natural openings. Retained trees will be representative of
the stand.
4595.7. (a) In the WTHP plan the registered professional forester
shall describe in sufficient detail to provide for review and
evaluation information on all of the following:
(1) The types of trees and structural elements that will be
retained and the objective intended to be achieved by retention.
(2) The planned distribution and quantity of retained trees and
the intended duration of the retention.
(3) Any potential future conditions or events reasonably known to
the forester that would allow harvest of retained trees.
(b) (1) Retention for this article may be either dispersed or
aggregated.
(2) Dispersed retention shall be measured in average basal area
per acre and at a minimum shall equal ____ percent of the Resource
Conservation Standards for minimum stocking basal areas, contained in
paragraph (2) of subdivision (b) of Section 912.7 of Title 14 of the
California Code of Regulations.
(3) Where retention is aggregated into groups that are greater
than or equal to ____ acres, the percentage of harvest unit area
shall be the standard. The sum of all areas within groups divided by
harvest unit acres will be used to determine the percentage of
aggregated retention in the harvest unit. The minimum aggregate
structural retention standard shall be ____ percent of the harvest
unit acres.
(c) Areas and trees located within the boundaries of a wildlife
protection zone identified in the forest practice rules will be
excluded from calculating retention pursuant to subdivision (b).
(d) Trees designated for structural retention that are intended
for future harvest and decadent trees, hardwoods, or snag recruitment
trees shall be retained for the life of the permit.
4595.8. A WTHP shall include a watershed resource assessment and
planning segment that shall include all of the following:
(a) An analysis of potentially significant adverse environmental
impacts, including cumulative impacts, of the planned operations and
other projects, including, but not limited to, impacts on ambient
water quality and the beneficial uses of water, retention of forest
structure, fisheries, wildlife, and other environmental values,
including onsite biological carbon stocks.
(b) (1) A description of the individual planning watersheds in
sufficient detail to allow a review of the analysis of impacts.
(2) For all planning watersheds in the assessment area within a
forest district, descriptions shall include, as appropriate, either
or both of the following:
(A) General maps and descriptions of unstable areas and unstable
soils known to the plan submitter to be actively or potentially
discharging sediment, as well as those mapped by public agencies.
(B) A description of the rules, regulations, and practices,
including site specific practices, to be used to minimize erosion
from timber operations and address impairments identified pursuant to
the Clean Water Act (33 U.S.C. Sec. 1251, and following). A
description of the rules, regulations, and practices that are
implemented to maintain water temperatures that meet or exceed the
standards established in relevant basin plans and other applicable
provisions of the Porter-Cologne Water Quality Control Act (Division
7 (commencing with Section 13000) of the Water Code).
(3) For all planning watersheds in which harvesting will take
place, descriptions shall include, as appropriate, either or both of
the following:
(A) A map of all public roads, which includes United States Forest
Service cost-shared roads within the WTHP area, as well as an
inventory and plan for management of all the permanent, seasonal, and
temporary roads controlled by the landowner. On roads controlled by
the landowner, the road inventory shall do all of the following:
(i) Identify problem areas that are discharging sediment in
violation of basin plan standards to waterways or that are
threatening to discharge sediment to waterways, or are otherwise
causing environmental harm or in need of maintenance.
(ii) Prioritize identified road-repair sites.
(iii) Provide a schedule of repair of the prioritized road sites.
(B) An identification of areas known to be sensitive to ground
disturbance that may become sources of erosion and sediment in
streams.
(c) A discussion of feasible measures included in the plan that
will mitigate or avoid significant adverse impacts on traffic
associated with log hauling on public roads that may be used for
timber hauling, including a discussion of any measures necessary to
mitigate impacts on the adjacent community.
(d) A discussion of the range of projected impacts of climate
change in the region covered by the WTHP and a discussion of
management considerations and desired future forest conditions that
will promote a resilient forest in the future.
4595.9. The registered professional forester preparing the WTHP
shall certify and provide a report describing his or her, or a
designee's, inspection of the WTHP area.
4595.10. The notice of receipt of the proposed WTHP shall be
given by the department within two working days following submission
of the proposed WTHP. The method of notice shall be by United States
Postal Service, or at the discretion of the department, may be sent
electronically. The person submitting the WTHP shall provide to the
department a list of the names and addresses of persons to whom the
notice is to be mailed.
4595.11. (a) The department shall provide notice of the filing of
the WTHP and any amendments to the WTHP to any person who requests,
either in writing or through electronic means. Upon receipt of the
WTHP, the department shall place the WTHP, or a true copy of the
WTHP, in a file available for public inspection in a county in which
timber operations are proposed under the WTHP. The department shall
also post a copy of the notice electronically on the department's
Internet Web site.
(b) For the purpose of coordinated interdisciplinary and
multiagency review, the department shall transmit a written or
electronic copy of the WTHP to the Department of Fish and Game,
Department of Conservation, the appropriate California regional water
quality control board, the county planning agency, and all other
public agencies having jurisdiction by law over natural resources
affected by the proposed WTHP.
(c) To the extent necessary to cover expenses associated with the
review and approval of the WTHP submitted, the department and trustee
or responsible agencies may assess a fee to cover the WTHP review
and approval costs, not to exceed a total of one hundred thousand
dollars ($100,000).
(d) Prior to approval of a WTHP, all state trustee and responsible
agencies, which have jurisdiction over resources that may
potentially be impacted by proposed operations, shall jointly conduct
at least one comprehensive field review of the proposed WTHP. Each
trustee and responsible agency shall have the authority to require
that a WTHP be supplemented with any additional information necessary
to enable that agency to carry out its statutory and regulatory
responsibilities. Notwithstanding Section 4604, this field review
shall be completed within ____ days.
(e) The director shall approve the WTHP upon written concurrence
from all the trustee and responsible agencies in all of the
following:
(1) That the WTHP contains information and analysis sufficient to
enable those agencies to comply with their respective statutory and
regulatory obligations.
(2) That the WTHP analyzes all significant environmental effects
and includes all feasible mitigation measures to minimize or avoid
environmental impacts, consistent with Section 4595.3 and any other
applicable law.
(3) That operations pursuant to the WTHP will not result in a
violation of any law or regulation within the jurisdiction of the
concurring agency.
(f) The WTHP provisions of this article shall not be operative
until such time that the fee described in subdivision (c) has been
adopted and is in effect.
4595.12. The WTHP landowner shall file with the department a
compliance report within two years of the approval date of the WTHP,
and every two years thereafter, until all units in the WTHP have
received completion reports from the department. The report shall
address the findings of any inspection conducted under Section 4604
or 4595.29 since the date of the last compliance report. The report
shall include a certification by the registered professional forester
that the WTHP has been carried out in compliance with the provisions
of the WTHP and other applicable laws and regulations.
4595.13. In addition to any other field review of the WTHP or its
annual operations, the department shall require a mandatory field
review at year 10, with the full participation of all responsible and
trustee agencies, to evaluate whether the WTHP is in compliance with
this article. If the WTHP is found not to be in compliance, the
director shall suspend the WTHP and the landowner shall initiate an
amendment process pursuant to this chapter to ensure that the WTHP
will comply with all applicable laws and regulations.
4595.14. WTHPs shall be filed, reviewed, approved, amended, and
appealed according to the same procedures applicable to timber
harvest plans as set forth in this chapter, the rules and regulations
of the board, and all other applicable laws. The director shall make
a determination whether the WTHP conforms with the rules and
regulations of the board, identifies and mitigates potentially
significant adverse environmental effects, and conforms to the
requirements of this chapter.
4595.15. (a) If the director determines that the WTHP would
violate an applicable rule, law, or regulation, the director shall
return the WTHP, stating his or her reasons, and advise the person
submitting the WTHP of the person's right to a hearing before the
board.
(b) If the director is unable to approve a WTHP due to
nonconcurrence by a review team agency, that agency shall explain the
reason in writing within 10 days of its nonconcurrence.
(c) A person to whom a WTHP is returned may, within 10 days from
the receipt of the WTHP, request a public hearing pursuant to this
section. The board shall conduct a public hearing with the
participation of the appropriate California regional water quality
control board, the Department of Fish and Game, and all other
reviewing trustee, responsible, or other public agencies, to evaluate
the WTHP and determine if the WTHP conforms with the rules and
regulations of the board and other provisions of this chapter.
(d) The board shall act no later than 30 days after the date of
the filing of the appeal, or a longer period mutually agreed upon by
the board and the person filing the appeal.
4595.16. (a) An approved WTHP shall be effective for a period of
20 years.
(b) Every two years after the initial WTHP approval, the director,
in conjunction with all trustee and responsible agencies, shall
conduct a comprehensive review of the WTHP at each two-year interval
of a WTHP to ensure compliance with this article. If found to be out
of compliance, the director shall suspend the WTHP until the director
determines that the WTHP is amended and in compliance.
(c) Upon approval, the WTHP shall constitute the environmental
analysis for all appropriate and required timber harvest-related
permits from responsible and trustee agencies as well as the
department, and the terms of each of those permits shall be 20 years,
notwithstanding any other provision of law.
4595.17. Upon approval of the WTHP, the plan submitter shall
notify each county recorder in which lands subject to the WTHP are
located and shall cause to be filed with that county a notice that
shall be recorded in sufficient detail for a title search to disclose
the existence of the WTHP. If there is a change of ownership of the
land described in the WTHP, the WTHP shall expire 90 days from the
date of change of ownership, unless the new timberland owner notifies
the department in writing of the change of ownership and his or her
assumption of the WTHP. The new owner is responsible for completing
any mitigation required pursuant to any logging operations that have
not been deemed completed by the department, and shall comply with
the mitigation or other activities required pursuant to the other
permits associated with the WTHP.
4595.18. The WTHP landowner may cancel or suspend the WTHP by
submitting a written notice to the department. Once timber operations
have commenced pursuant to a WTHP notice, cancellation is not
effective on land covered by the notice until a report of
satisfactory completion and stocking has been issued pursuant to
Sections 4585, 4586, and 4587.
4595.19. (a) The WTHP landowner who owns, leases, or otherwise
controls or operates on all or any portion of timberland within the
boundaries of an approved WTHP, and who plans to harvest the timber
thereon during a given year pursuant to the specifications in the
WTHP, shall file a WTHP notice with the department. The department
shall, within two working days, transmit a written or electronic copy
of the notice to agencies and members of the public who participated
in the initial review or who have requested notification of the WTHP
and shall display the proposed notice on a publicly available
Internet Web site.
(b) A WTHP notice shall be filed at least 30 days prior to
conducting timber operations pursuant to the WTHP, and shall describe
all operations to be conducted under the notice for no less than 12
months or more than 18 months and may include operations that were
planned but not completed in previous notifications.
(c) If the person who files the WTHP notice is not the WTHP
landowner or his or her representative, the person filing the notice
shall notify the forest landowner by certified mail that the notice
has been submitted, and shall certify that mailing to the department.
It shall also be posted on the department's Internet Web site.
(d) This article does not invalidate previously approved timber
harvesting plans for lands included in a WTHP. These timber
harvesting plans may remain effective at the option of the plan
submitter. If the landowner elects to have these existing plans
continue, the operational effects of these timber harvesting plans
shall be part of the analysis included in the WTHP.
4595.20. The notice 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.
(c) The name and address of the registered professional forester
preparing the notice.
(d) A description of the land on which the work is proposed to be
done.
(e) A statement that archeological areas identified in the WTHP
and any discovered during notice preparation will be protected or
appropriately managed.
(f) A statement that rare, threatened, or endangered plant or
animal species identified in the WTHP or during notice preparation
will be protected or managed appropriately.
(g) A statement that there have been no physical environmental
changes in the notice area that are so significant as to require an
amendment of the WTHP.
(h) Information demonstrating all of the following:
(1) The proposed operations are within the geographic area covered
by the WTHP.
(2) The proposed operations were described in and are consistent
with the WTHP.
(3) The proposed operations will implement all applicable
mitigation measures set forth in the WTHP.
(4) A statement identifying any minor deviation from the plan as
defined in Section 898.1 of Title 14 of the California Code of
Regulations. The director shall have five working days in which to
concur that the proposed deviation is minor, and is not a substantial
deviation pursuant to Section 898.1 of Title 14 of the California
Code of Regulations. A determination that a proposed deviation is
substantial would require an amendment to the WTHP.
(5) There have been no substantial changes with respect to the
circumstances under which the proposed operations are to be
undertaken that will require revision of the analysis in the WTHP due
to the involvement of new significant environmental effects, as
would be required under the current CEQA Guidelines, enacted pursuant
to Section 15162 of Title 14 of the California Code of Regulations.
(i) A certification by the registered professional forester that
the information in the notice is accurate and will conform with the
applicable rules, regulations, and practices designated in the WTHP
for protection of the beneficial uses of water, soil stability,
forest productivity, and wildlife.
(j) Special provisions, if any, to protect any identified unique
area within the area of timber operations, except those archeological
resources designated as confidential.
(k) The expected dates of commencement and completion of timber
operations.
(l) Satisfaction of any other applicable legal requirements.
4595.21. Within 10 days of the receipt of the WTHP notice
required pursuant to Section 4595.20, the director shall contact
responsible and trustee agencies for the purpose of determining the
need for field inspections notwithstanding those required by Section
4595.16. Within 20 days of the receipt of the WTHP notice, or a
mutually agreeable longer time, the director shall complete the field
review of proposed operations if necessary.
4595.22. Within 60 days of the filing of the notice, the director
shall approve the proposed operations described in the notice, if
all of the following conditions are satisfied:
(a) Public notice has been provided, including notice to
responsible and trustee agencies, and all comments received from the
public or other agencies have been addressed in writing.
(b) The director conducts a field review of the proposed
operations if determined necessary to confirm compliance with the
provisions of the WTHP.
(c) The director determines that all environmental effects of the
proposed operations were adequately addressed in the WTHP, including
compliance with the current CEQA Guidelines contained in Section
15152 of Title 14 of the California Code of Regulations.
(d) The director has confirmed that the notice contains the
information required in Section 4595.20 and that all such information
is accurate.
(e) No trustee or responsible agency has objected that the notice
does not contain the information required in Section 4595.20.
(f) The registered professional forester certifies that planned
operations are consistent with the WTHP notice and that all
conditions of an incidental take permit will be fulfilled.
(g) The registered professional forester certifies that all
operations will be conducted pursuant to this article and its
applicable operational regulations pursuant to this chapter and the
rules of the board.
(h) The registered professional forester certifies that all
necessary work has been completed preparatory to operations such as
identification of watercourse and lake protection zone, roads, stream
crossing design, tree marking, unit layout, harvest boundary
delineation, and any other requirements established by the director.
(i) The licensed timber operator has been provided operational
guidance in a format that is acceptable to the director and that is
included as part of the WTHP notice of operations.
4595.23. When a responsible or trustee agency nonconcurs with a
WTHP notice, the nonconcurrence shall be resolved utilizing the
appeals process defined in Section 4582.9. Operations shall not
commence until the nonconcurrence is resolved. The hearing shall be
held within 30 days of the nonconcurrence unless consultation among
the trustee and responsible agencies is undertaken pursuant to
Section 4595.24 in which case the hearing, if necessary, shall be
conducted within 30 days of the conclusion of consultation.
4595.24. The director may initiate consultation among the trustee
and responsible agencies when nonconcurrence with a WTHP notice
occurs in an attempt to achieve agreement among the agencies that
would eliminate the basis of such nonconcurrence and that is adopted
in a plan amendment. An amendment to a WTHP shall be required if the
presence of threatened, endangered, or candidate species was not
previously evaluated.
4595.25. The director shall approve a WTHP notice unless the
director finds that a notice is inadequate pursuant to Section
4595.22. The plan submitter shall not commence the proposed timber
operations until the WTHP has been amended. The amendment to the WTHP
shall contain sufficient information and analysis to address any
deficiencies that prevented the director from approving the notice.
4595.26. Upon the completion of activities pursuant to the WTHP
notice, the landowner shall file a report of satisfactory completion
pursuant to Section 4585 and a stocking report pursuant to Section
4587. The director shall comply with Section 4586. The completion
report shall identify those areas in which operations were conducted.
The registered professional forester who prepares the WTHP, notice,
or report, or any other registered professional forester who is
employed by the WTHP landowner or operator, shall report to the owner
or operator and the department if there are deviations from the
WTHP.
4595.27. If the board finds that a registered professional
forester has made a material misstatement in a WTHP, notice, or
report under this article, the board shall take disciplinary action
against him or her as provided in Section 775.
4595.28. (a) A WTHP shall be suspended by the department if any
of the following conditions apply:
(1) It is determined by the department that the provisions of the
WTHP are not being met.
(2) The WTHP landowner fails to file a compliance report,
certified by a registered professional forester, as required under
Section 4595.12.
(3) Persistent violations of the WTHP are detected.
(4) Timber operations are causing violations of permits issued by
the department, the Department of Fish and Game, a California
regional water quality control board, or any other trustee,
responsible, or other reviewing public agency.
(5) The landowner files an application for a timberland conversion
permit pursuant to Article 9 (commencing with Section 4621) for
lands within the boundaries of an approved WTHP or a party proposes
to remove lands from within the boundaries of an approved WTHP or
from a timberland production zone pursuant to the California
Timberland Productivity Act of 1982 (Article 1 (commencing with
Section 51100) of Chapter 6.7 of Part 1 of Division 1 of Title 5 of
the Government Code).
(b) A WTHP suspended under subdivision (a) shall remain suspended
until the director finds the WTHP is in compliance with the approved
WTHP and other applicable law. If, based
on substantial evidence, the director determines the
noncompliance to be severe, he or she may cancel or revoke the WTHP.
(c) Upon the suspension of a WTHP, no additional timber operations
shall occur pursuant to the current WTHP notice, and no additional
notices shall be accepted by the department until appropriate
corrections are completed.
(d) Upon suspension or cancellation of the WTHP, tree removal
operations pursuant to an active WTHP notice are prohibited. Once
operations on the WTHP notice have ceased, all required erosion
control and the application of site-specific mitigation and road
maintenance described in the WTHP to avoid adverse environmental
impacts shall be completed.
(e) During a period of WTHP suspension or cancellation, a
landowner may submit timber harvesting plans to the department for
approval under Section 4581, and, if approved, may operate pursuant
to those plans while the conditions described in this section are
under consideration by the director. However, if the impacts of those
harvest plans are equivalent or more significant than the operations
evaluated in the WTHP, those plans shall not be approved.
(f) A landowner whose WTHP is suspended or canceled under this
section may, within 10 days from the date of receipt of the director'
s action on the WTHP, request a public hearing before the board to
determine if the director's action was appropriate.
4595.29. In addition to an inspection provided for under Section
4604, the department shall provide a compliance inspection of the
area in which timber operations are being or are to be conducted
pursuant to an approved notice within one year of the approval date
of the WTHP, and every year thereafter, during the effective period
of the WTHP, to ensure compliance with this chapter and the rules and
regulations of the board. This section does not limit the authority
of an agency to inspect pursuant to any other law.
4595.30. (a) Notwithstanding Section 10231.5 of the Government
Code, on or before December 31, 2017, and every five years
thereafter, the director shall inform the Legislature of his or her
evaluation of this article, including the identification of any
recommended amendments.
(b) A report submitted pursuant to subdivision (a) shall be
submitted in compliance with Section 9795 of the Government Code.
4595.31. (a) It is the intent of the Legislature that the
mitigation provisions of this article prevent further reduction in
the extent of California's timberland and its associated climate and
public benefits.
(b) Timberland conversions of greater than one acre to nonforest
uses, including all harvesting necessary to complete a timberland
conversion, shall be fully mitigated, including, but not limited to,
mitigation for any depletion of current and future onsite biological
carbon stocks.
SEC. 3. 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.
SEC. 4. Section 4604 of the Public Resources
Code is amended to read:
4604. (a) The department shall provide an initial inspection of
the area in which timber operations are to be conducted within 10
days from the date of filing of the timber harvesting plan, watershed
timber harvest plan (WTHP), or nonindustrial timber management plan,
or a longer period as may be mutually agreed upon by the department
and the person submitting the plan, except that the inspection need
not be made pursuant to the filing of a timber harvesting plan if the
department determines that the inspection would not add substantive
information that is necessary to enforce this chapter. The department
shall provide for inspections, as needed, as follows:
(1) During the period of commencement of timber operations.
(2) When timber operations are well under way.
(3) Following completion of timber operations.
(4) At any other times as determined to be necessary to enforce
this chapter.
(b) (1) The Department of Fish and Game, the California regional
water quality control boards, or the State Water Resources Control
Board, if accompanied by Department of Forestry and Fire Protection
personnel and after 24-hour advance notification is given to the
landowner, may enter and inspect land during normal business hours at
any time after commencement of timber harvest plan activities on the
land and before the director issues a report of satisfactory
completion of stocking pursuant to Section 4588 or at any time before
the end of the first winter period following the filing of a work
completion report pursuant to Section 4585, whichever is later. A
member of the inspection party may utilize whatever measurement and
evaluation devices, including, but not limited to, photographic
equipment and temperature measurement devices, that are determined to
be necessary, when participating in an inspection of an area
pursuant to subdivision (a) or after commencement of timber
harvesting plan activities pursuant to this subdivision.
(2) Photographs taken during inspections shall be clearly labeled
as to time, date, and location and shall be the property of the
department and part of the inspection record. The inspection record
shall be subject to all provisions of the California Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of
Title 1 of the Government Code).
(3) This subdivision does not limit the authority of an agency to
inspect pursuant to any other law.
SEC. 5. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency
or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.