BILL NUMBER: AB 904 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 21, 2013
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 22, 2013
An act relating to forest resources. 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.
LEGISLATIVE COUNSEL'S DIGEST
AB 904, as amended, Chesbro. Forestry: nonindustrial
timber management plan. Nonindustrial timber
management plans: nonindustrial forest landowners.
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.
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.
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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 4593.2 of the Public
Resources Code is amended to read:
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 tree farmer. forest landowner.
(b) "Nonindustrial tree farmer" forest
landowner" means an owner of timberland with less
no more 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 which that 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 which that 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.
SEC. 2. Section 4593.3 of the Public
Resources Code is amended to read:
4593.3. A nonindustrial timber management plan may be filed with
the department in writing by a person who intends to become a
nonindustrial tree farmer forest landowner
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.
(i) This section shall become operative on January 1, 1996.
SEC. 3. Section 4593.8 of the Public
Resources Code is amended to read:
4593.8. The nonindustrial tree farmer
forest landowner may submit a proposed amendment to the
approved plan and may not take any action which
that 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 which
that were in effect at the time the nonindustrial timber
management plan was approved, in accordance with the same procedures
specified in Section 4593.7.
SEC. 4. Section 4593.9 of the Public
Resources Code is amended to read:
4593.9. The nonindustrial tree farmer
forest landowner may take actions which
that 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 which
that may be taken. The board shall specify the
requirements for reporting those deviations.
SEC. 5. Section 4593.11 of the Public
Resources Code is amended to read:
4593.11. The nonindustrial tree farmer
forest landowner 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.
SEC. 6. Section 4594 of the Public
Resources Code is amended to read:
4594. The nonindustrial tree farmer
forest landowner 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.
(m) This section shall become operative on January 1, 1996.
SEC. 7. Section 4594.7 of the Public
Resources Code is amended to read:
4594.7. If it is determined that the objectives of uneven aged
management and sustained yield are not being met by a nonindustrial
tree farmer, forest landowner, 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.
SEC. 8. Section 4594.8 is added to the
Public Resources Code , to read:
4594.8. 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.
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.