Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 904

Introduced by Assembly Member Chesbro

February 22, 2013

An act begin delete relating to forest resources. end delete begin insert to amend Sections 4593.2, 4593.3, 4593.8, 4593.9, 4593.11, 4594, and 4594.7 of, and to add Section 4594.8 to, the Public Resources Code, relating to timber management plans. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 904, as amended, Chesbro. begin delete Forestry: nonindustrial timber management plan. end delete begin insert Nonindustrial timber management plans: nonindustrial forest landowners. end insert

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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 the Department 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 with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of a nonindustrial timber management plan, 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 landowner.” The bill would revise the definition of the nonindustrial tree landowner to mean an owner of timberland with no more than 2,500 acres.

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This bill would require the State Board of Forestry and Fire Protection to adopt regulations, no later than January 1, 2015, to provide for an appeal procedure in the event the department cancels a previously approved nonindustrial timber management plan.

end insert begin delete

The Z’berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations on timberland unless a timber harvesting plan has been prepared by a registered professional forester and has been submitted to the Department of Forestry and Fire Protection and approved by the Director of Forestry and Fire Protection or the State Board of Forestry and Fire Protection. The act authorizes a nonindustrial timber management plan to be filed with the department in writing by a person who intends to become a nonindustrial tree farmer with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of a nonindustrial timber management plan.

end delete begin delete

This bill would state that it is the intent of the Legislature to reform the nonindustrial timber management plan program to improve forest health and to provide incentives so that more landowners to utilize the program.

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

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

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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 begin delete less end delete begin insert no more end insert 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 delete 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 begin delete the provisions of end delete 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.

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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 end delete begin delete

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

end delete begin delete 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 insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 4594.8 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 4594.8. end insert   

The board shall adopt regulations, no later than
January 1, 2015, to provide for an appeal procedure in the event
that the department cancels a previously approved nonindustrial
timber management plan.

end insert

begin delete

SECTION 1.  

It is the intent of the Legislature to reform the
nonindustrial timber management plan program (commencing with
Section 4593 of the Public Resources Code) to improve forest
health and to provide incentives so that more landowners utilize
the program.

end delete