Amended in Assembly January 6, 2014

Amended in Assembly May 1, 2013

Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 468

Introduced by Assembly Member Chesbro

(Principal coauthors: Assembly Members Alejo, Levine, and Stone)

(Coauthor: Assembly Member Atkins)

February 19, 2013

An act to begin delete add Section 16031 to the Insurance Code, and to repeal Chapter 1.5 (commencing with Section 4210) of Part 2 of Division 4 of the Public Resources Code, relating to insurance, and declaring the urgency thereof, to take effect immediately. end delete begin insert amend Sections 4593.2, 4593.3, 4593.8, 4593.9, 4593.11, 4594, and 4594.7 of the Public Resources Code, relating to forest resources. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 468, as amended, Chesbro. begin delete Insurance: Disaster Management, Preparedness, and Assistance Surcharge. end delete begin insert Nonindustrial timber management plans: forest landowners. end insert

begin insert

Existing law 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 authorizes a person who intends to become a nonindustrial tree farmer to file a nonindustrial timber management plan with the department, and prescribes procedures for the preparation, filing, and approval of those plans. Existing law, for purposes of provisions governing nonindustrial timber management plans, defines a “nonindustrial tree farmer” to mean an owner of timberland with less than 2,500 acres who has an approved nonindustrial management plan and is not primarily engaged in the manufacture of forest products.

end insert begin insert

This bill would replace references in the Forest Practice Act of 1973 to a “nonindustrial tree farmer” with the term “nonindustrial forest owner.”

end insert begin delete

Existing law required, by September 1, 2011, the State Board of Forestry and Fire Protection to adopt emergency regulations to establish a fire prevention fee of not more than $150 for the necessary fire prevention activities of the state that benefit the owners of structures within a state responsibility area.

end delete begin delete

This bill would repeal the fire prevention fee. The bill would create the Disaster Management, Preparedness, and Assistance Fund in the State Treasury. The bill would require insureds to pay a special purpose surcharge, the Disaster Management, Preparedness, and Assistance Surcharge, on each commercial and residential fire and multiperil insurance policy issued or renewed on or after January 1, 2014, equivalent to 4.8% of the premium written on residential fire and multiperil insurance or the property exposure for commercial policies in California. Moneys from this surcharge would be deposited in the fund and be appropriated by the Legislature for the purposes of funding emergency activities of the Office of Emergency Services, the Department of Forestry and Fire Protection, and the Military Department, as well as local governments for disaster planning and response. The bill would also require every admitted insurance company in the state to collect the surcharge and separately identify the surcharge on each affected insurance policy.

end delete begin delete

This bill would declare that it is to take effect immediately as an urgency statute.

end delete

Vote:  begin delete ²⁄₃ end delete begin insert majority end insert . Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4593.2 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4593.2.  

Notwithstanding Section 4521, unless the context
otherwise requires, the following definitions govern construction
of this article:

(a) “Nonindustrial timberlands” means timberland owned by a
nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert .

(b) “Nonindustrial begin delete tree farmer” end delete begin insert forest landowner” end insert means an
owner of timberland with less than 2,500 acres who has an
approved nonindustrial management plan and is not primarily
engaged in the manufacture of forest products.

(c) “Uneven aged management” means the management of a
specific forest, with the goal of establishing a well stocked stand
of various age classes and begin delete which end delete begin insert that end insert permits the periodic harvest
of individual or small groups of trees to realize the yield and
continually establish a new crop.

(d) “Sustained yield” means the yield of commercial wood that
an area of commercial timberland can produce continuously at a
given intensity of management consistent with required
environmental protection and begin delete which end delete begin insert that end insert is professionally planned
to achieve over time a balance between growth and removal.

(e) “Nonindustrial timber management plan” means a
management plan for nonindustrial timberlands with an objective
of an uneven aged managed timber stand and sustained yield for
each parcel or group of contiguous parcels meeting the
requirements of Section 4593.3.

(f) “Nonindustrial timber harvest notice” means notice of timber
harvest operations pursuant to an approved nonindustrial timber
management plan and meeting the requirements of Section 4594.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4593.3 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4593.3.  

A nonindustrial timber management plan may be filed
with the department in writing by a person who intends to become
a nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert with the long-term
objective of an uneven aged timber stand and sustained yield
through the implementation of a nonindustrial timber management
plan. The management plan shall be prepared by a registered
professional forester. It shall be a public record and shall include
all of the following information:

(a) The name and address of the timberland owner.

(b) A description of the land on which the plan is proposed to
be implemented, 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.

(c) A description of the silviculture methods to be applied and
the type of yarding equipment to be used.

(d) 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.

(e) Special provisions, if any, to protect any unique area within
the boundaries of the proposed nonindustrial timber management
plan.

(f) A description of the existing stand, its current projected
growth, alterations required to achieve the management objectives,
the projected timber volumes and tree sizes to be available for
harvest, and projected frequencies of harvest.

(g) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.

(h) Any other information the board provides by regulation to
meet its rules and the standards of this chapter.

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(i) This section shall become operative on January 1, 1996.

end delete

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4593.8 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4593.8.  

The nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert may
submit a proposed amendment to the approved plan and may not
take any action begin delete which end delete begin insert that end insert substantially deviates, as defined by
the board, from the approved plan until the amendment has been
filed with the director and the director has determined that the
amendment is in compliance with the rules and regulations of the
board and the provisions of this chapter begin delete which end delete begin insert that end insert were in effect
at the time the nonindustrial timber management plan was
approved, in accordance with the same procedures specified in
Section 4593.7.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 4593.9 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4593.9.  

The nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert may
take actions begin delete which end delete begin insert that end insert do not substantially deviate from the
approved plan without the submittal of an amendment, but those
actions shall be subsequently reported to the department. The board
shall specify, by regulation, those nonsubstantial deviations begin delete which end delete
begin insert that end insert may be taken. The board shall specify the requirements for
reporting those deviations.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 4593.11 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4593.11.  

The nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert may
cancel the nonindustrial timber management plan by submitting a
written notice to the department. Once timber operations have
commenced pursuant to a nonindustrial timber harvest notice,
cancellation is not effective on land covered by the notice until a
report of satisfactory completion has been issued pursuant to
Sections 4585, 4586, and 4587.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 4594 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

4594.  

The nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert who
owns, leases, or otherwise controls or operates on all or any portion
of any timberland within the boundaries of an approved
nonindustrial timber management plan, and who plans to harvest
any of the timber thereon during a given year, shall file a
nonindustrial timber harvest notice with the department in writing.
A notice shall be filed prior to the harvesting of any timber and
shall be effective for a maximum of one year from the date of
filing. If the person who files the notice is not the owner of the
timberland, the person filing the notice shall notify the timberland
owner by certified mail that the notice has been submitted, and
shall certify that mailing to the department. 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 nonindustrial timber harvest notice.

(d) A description of the land on which the work is proposed to
be done.

(e) A statement that no archeological sites have been discovered
in the harvest area since the approval of the nonindustrial timber
management plan.

(f) A statement that no rare, threatened, or endangered plant or
animal species has been discovered in the harvest area since the
approval of the nonindustrial timber management plan.

(g) A statement that there have been no physical environmental
changes in the harvest area that are so significant as to require any
amendment of the nonindustrial timber management plan.

(h) A certification by the registered professional forester that
the notice as carried out will implement best management practices
for protection of the beneficial uses of water, soil stability, forest
productivity, and wildlife as required by the current rules of the
board, or a certification that practices consistent with the original
plan will not result in any significant degradation to the beneficial
uses of water, soil stability, forest productivity, or wildlife.

(i) Special provisions, if any, to protect any unique area within
the area of timber operations.

(j) The expected dates of commencement and completion of
timber operations during the year.

(k) A statement that the harvesting notice conforms to the
provisions of the approved management plan.

(l) Any other information the board provides by regulation to
meet its rules and the standards of this chapter.

begin delete

(m) This section shall become operative on January 1, 1996.

end delete

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 4594.7 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

4594.7.  

If it is determined that the objectives of uneven aged
management and sustained yield are not being met by a
nonindustrial begin delete tree farmer end delete begin insert forest landowner end insert , or there are other
persistent violations detected that are not being corrected, a
previously approved nonindustrial timber management plan shall
be canceled by the department and any further timber operations
under the plan shall be terminated.

begin delete

SECTION 1.  

Section 16031 is added to the Insurance Code,
to read:

16031.  

(a) The Disaster Management, Preparedness, and
Assistance Fund is hereby created in the State Treasury. Funds
received by the Office of Emergency Services pursuant to this
section shall be deposited into this fund. Funds deposited into this
fund shall be appropriated by the Legislature for the purposes of
funding emergency activities of the Office of Emergency Services,
the Department of Forestry and Fire Protection, and the Military
Department, as well as to local governments for disaster planning
and response.

(b) Insureds shall pay a special purpose surcharge on each
commercial and residential fire and multiperil insurance policy
issued or renewed on or after January 1, 2014, equivalent to 4.8
percent of the premium written on residential fire and multiperil
insurance or the property exposure for commercial policies in
California. The Disaster Management, Preparedness, and
Assistance Surcharge shall only be applied to new business and
renewal transactions. No adjustment shall be made for midterm
increases or decreases in exposure or coverage. The amount of the
surcharge shall be calculated to the nearest dollar. Notwithstanding
any other law, failure to collect the surcharge from insureds prior
to January 1, 2015, shall not result in a penalty, fine, or other
liability.

(c) Every admitted insurer in this state shall collect the surcharge
fee specified in subdivision (b), which shall be separately identified
on each policy, with respect to residential fire and multiperil
insurance and the property portion of commercial policies.

(d) Funds received as a result of the surcharge imposed on
insureds as a percentage of premiums written on residential fire
and multiperil insurance and property exposure for commercial
insurance policies shall be remitted by the admitted insurers to the
Office of Emergency Services, or other state agency designated
to collect the surcharge on behalf of the Office of Emergency
Services, within 45 days following the end of each calendar quarter.

SEC. 2.  

Chapter 1.5 (commencing with Section 4210) of Part
2 of Division 4 of the Public Resources Code is repealed.

SEC. 3.  

This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:

In order to make necessary statutory changes to improve the
state’s ability to respond to potentially devastating and deadly
emergencies at the earliest time possible, it is necessary that this
act take effect immediately.

end delete