Amended in Senate September 3, 2013

Amended in Senate August 13, 2013

Amended in Senate June 19, 2013

Amended in Assembly April 22, 2013

Amended in Assembly March 21, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 904


Introduced by Assembly Member Chesbro

February 22, 2013


An act to add Article 7.7 (commencing with Section 4597) to Chapter 8 of Part 2 of Division 4begin delete of, and to add Article 7.8 (commencing with Section 4598) to Chapter 8 of Part 2 of Division 4 of,end deletebegin insert ofend insert the Public Resources Code, relating to forest resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 904, as amended, Chesbro. Forest practices: working forest management plans.

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. A violation of the act is a crime.

The bill would authorize a person who intends to become a working forest landowner, as defined, to file a working forest management plan with the department, with the long-term objective of an uneven aged timber stand and sustained yield through the implementation of the plan. The bill would require the plan to be prepared by a registered professional forester, be public record, and contain certain information, including the name and address of the timberland owner. The bill would require the department to provide a public comment period of at least 90 days from the date of the receipt of the plan, as specified. The bill would require the department to determine if the plan is accurate, complete, and in proper order. The bill would require the director to return the plan if the director determines that the plan is not in conformance, as provided.

The bill would require the working forest landowner who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved plan and who harvests any of the timber during a given year to file a working forest harvest notice, as defined, with the department in writing. The bill would require the notice to be public record and to include certain information, including a statement that state or federally listed rare, threatened, candidate, or endangered plant or animal species have not been discovered in the harvest area since the approval of the plan.

The bill would require the director to convene an interdisciplinary review team, as described, every 5 years to review an approved plan’s administrative record, plan summary information, as specified, and any other information relevant to verify that operations have been conducted in accordance with the plan and applicable laws. The bill would require the department to cancel a previously approved plan if the department determines that the objectives of uneven aged management and sustained yield are not being met or if there are other persistent violations, as provided.

begin delete

The bill would require a registered professional forester to provide a preoperations notice, with specified information, to any person who owns land that adjoins or includes a watercourse that is 1,000 feet downstream from a proposed timber harvest operation in the Southern Subdistrict of the Coast Forest District.

end delete
begin delete

The bill would require the board to adopt regulations to create a management plan for landowners with 320 or fewer acres of timberlands. The bill would require the regulations to include certain provisions, including that harvest in any given area of the property shall not exceed 80% of growth since the last harvest.

end delete

The bill would require the board to adopt regulations needed to implement the above provisions by January 1, 2016.

begin insert

The bill would provide that its provisions shall not apply to the Southern Subdistrict of the Coast Forest District, as defined. The bill would make legislative findings and declarations regarding the need for special legislation.

end insert

Because a violation of these provisions is a crime, the bill would impose a state-mandated local program.

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.

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

P3    1

SECTION 1.  

Article 7.7 (commencing with Section 4597) is
2added to Chapter 8 of Part 2 of Division 4 of the Public Resources
3Code
, to read:

4 

5Article 7.7.  Working Forest Management Plan
6

 

7

4597.  

(a) The Legislature finds and declares all of the
8following:

9(1) The nonindustrial timber management plan established
10pursuant to Article 7.5 (commencing with Section 4593) has been
11successful in meeting the intent of this chapter by encouraging
12prudent and responsible forest management and discouraging
13accelerated timberland conversion by private nonindustrial forest
14landowners.

15(2) There have been 763 nonindustrial timber management plans
16approved by the department covering a combined area of 315,000
17acres.

18(3) Building upon the model provided by the nonindustrial
19timber management plan, it is the policy of the state to encourage
20long-term planning, increased productivity of timberland, and the
21conservation of open space on a greater number of nonindustrial
22working forest ownerships and acreages.

P4    1(4) It is the policy of the state to encourage prudent and
2responsible forest resource management of nonindustrial
3timberlands by approving working forest management plans in
4advance and authorizing working forest timber harvest notices to
5be filed ministerially.

6(5) To ensure long-term benefits such as added carbon
7sequestration, local and regional employment and economic
8activity, sustainable production of timber and other forest products,
9aesthetics, and the maintenance of ecosystem processes and
10services, the working forest management plan shall comply with
11rigorous timber inventory standards that are subject to periodic
12review and verification.

13(b) This article shall be implemented in a manner that complies
14with the applicable provisions of this chapter and other laws,
15including, but not limited to, the Timberland Productivity Act of
161982 (Chapter 6.7 (commencing with Section 51100) of Division
171 of Title 5 of the Government Code), the California Environmental
18Quality Actbegin delete of 1970end delete (Division 13 (commencing with Section
1921000)begin insert of the Public Resources Code)end insert, the Porter Cologne Water
20Quality Control Act (Division 7 (commencing with Section 13000)
21of the Waterbegin delete Code)),end deletebegin insert Code),end insert and the California Endangered Species
22Act (Chapter 1.5 (commencing with Section 2050) of the Fish and
23Game Code).

24

4597.1.  

Notwithstanding Section 4521, unless the context
25otherwise requires, the following definitions govern construction
26of this article:

27(a) “Long-term sustained yield” means the average annual
28growth sustainable by the inventory predicted at the end of a
29100-year planning horizon, or a shorter planning horizon if the
30forest encompassed by the working forest management plan has
31reached a balance between growth and yield.

32(b) “Major stand type” means a stand that occupies an area equal
33to or greater than 25 percent of a working forest management plan.

34(c) “Management unit” means a geographically identifiable area
35delineated for silviculture or management purposes. A management
36unit is intended to reflect an area scheduled for harvest under the
37plan in any given year, but may also be designated to address
38specific resource sensitivities.

39(d) “Stand” means a geographically identifiable group of trees
40sufficiently uniform in age-class distribution, composition, and
P5    1structure and growing on a site of sufficiently uniform quality to
2be a distinguishable unit.

3(e) “Strata” means a grouping of similar stands defined for
4silvicultural or management purposes, usually according to
5similarities in stand composition, structure, and age.

6(f) “Sustained yield” means the yield of commercial wood that
7an area of commercial timberland can produce continuously at a
8given intensity of management consistent with required
9environmental protection and that is professionally planned to
10achieve over time a balance between growth and removal.
11Sustained yield management implies continuous production
12planned so as to achieve, at the earliest practical time, a balance
13between growth and harvest.

14(g) “Uneven aged management” means forest management with
15the goal of establishing a well-stocked stand of various age classes,
16which permits the periodic harvest of individual or small groups
17of trees to achieve sustained yield objectives of the working forest
18management plan, and provide for regeneration of trees and
19maintenance of age class structure.

20(h) “Working forest harvest notice” means notice of timber
21harvest operations, pursuant to an approved working forest
22management plan, which meets the requirements of Section
234597.11.

24(i) “Working forest landowner” means an owner of timberland
25with less than 15,000 acres who has an approved working forest
26management plan and is not primarily engaged in the manufacture
27of forest products.

28(j) “Working forest management plan” means a management
29plan for working forest timberlands, with objectives of maintaining,
30restoring, or creating uneven aged managed timber stand
31conditions, achieving sustained yield, and promoting forestland
32stewardship that protects watersheds, fisheries and wildlife habitats,
33and other important values.

34(k) “Working forest timberlands” means timberland owned by
35a working forest landowner.

36

4597.2.  

A working forest management plan may be filed with
37the department in writing by a person who intends to become a
38working forest landowner with the long-term objective of an
39uneven aged timber stand and sustained yield through the
40implementation of a working forest management plan. The
P6    1management plan shall be prepared by a registered professional
2forester. It shall be public record and shall include all of the
3following information:

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

5(b) A description of the land on which the plan is proposed to
6be implemented, including a United States Geological Survey
7quadrangle map or equivalent indicating the location of all streams,
8the location of all proposed and existing logging truck roads, and
9the boundaries of all site I classification timberlands to be stocked
10in accordance with subdivision (b) of Section 4561 and any other
11site classifications if the board establishes specific minimum
12stocking standards for other site classifications.

13(c) A description by the registered professional forester of the
14inventory design and timber stand stratification criteria that
15demonstrates that the inventory supporting the growth and yield
16calculations used to determine long-term sustained yield for the
17working forest management plans meets the following minimum
18standards:

19(1) For major stand or strata, the inventory estimate shall be
20within 15 percent of the mean at one standard error.

21(2) For stand or strata that make up greater than 10 percent and
22less than 25 percent of the working forest management plan area,
23the estimate shall be no greater than 25 percent of the mean at one
24standard error.

25(3) Inventory estimates and growth and yield shall be projected
26for the purposes of determining long-term sustained yield and
27volumes available for harvest by stand or strata and aggregated
28for the area covered by the working forest management plan to
29develop the long-term sustained yield estimate. Long-term
30sustained yield estimates shall reasonably reflect constraints
31applicable to the working forest timberlands on forest management
32activities.

33(d) A description and discussion of the methods to be used to
34avoid significant sediment discharge to watercourses from timber
35operations. This shall include disclosure of active erosion sites
36from roads, skid trails, crossings, or any other structures or sites
37that have the potential to discharge sediment attributable to timber
38operations into waters of the state in an amount deleterious to the
39beneficial uses of water, an erosion control implementation plan,
40and a schedule to implement erosion controls that prioritizes major
P7    1sources of erosion. This subdivision shall not apply to the extent
2that the registered professional forester provides documentation
3to the department that the working forest management plan is in
4compliance with similar requirements of other applicable
5provisions of law.

6(e) Special provisions to protect unique areas, if any, within the
7boundaries of the proposed working forest management plan.

8(f) A description of the property and planned activities including
9acres and projected growth, existing stand types, major stand types
10or strata, its current projected growth by strata, silvicultural
11applications to be applied to strata to achieve long-term sustained
12yield, projected timber volumes and tree sizes to be available for
13harvest, and projected frequencies of harvest.

14(g) (1) A description of late succession forest stands in the plan
15area and how the total acreage of this type of habitat will be
16maintained across the plan area under a constraint of no net loss.
17Nothing in this requirement shall be interpreted to preclude active
18management on any given acre of an approved plan if the
19management is conducted in a manner that maintains or enhances
20the overall acreage of late succession forest stands that existed in
21the plan area upon initial plan approval. An exception to the no
22net loss constraint may be granted in the event of a catastrophic
23loss due to emergency factors such as wildfire, insect, and disease
24activity. The description shall include the following:

25(A) Retention measures for existing biological legacies such as
26snags, trees with cavities or basal hollows, and down logs, and
27address how those legacies shall be managed over time appropriate
28with the forest type, climate, and landowner’s forest fire fuels and
29wildlife management objectives.

30(B) Hardwood tree species and how they will be managed over
31time.

32(2) Late succession forest stand types or strata shall be mapped.

33(3) Notwithstanding the definition of late succession forest
34stands in Section 895.1 of Title 14 of the California Code of
35Regulations, and for the sole purpose of this article, “late
36succession forest stands” means stands of dominant and
37predominant trees that meet the criteria of the California Wildlife
38Habitat Relationships System class 5D, 5M, or 6 with an open,
39moderate, or dense canopy closure classification, often with
40multiple canopy layers, and are at least 10 acres in size. Functional
P8    1 characteristics of late succession forest stands include large
2decadent trees, snags, and large down logs.

3(h) Disclosure of state or federally listed threatened, candidate,
4endangered, or rare plant or animal species located within the
5biological assessment area, their status and habitats, take avoidance
6methodologies, enforceable protection measures for species and
7habitats, and how forest management will maintain these over
8time.

9(i) (1) A description of the following for each management
10unit:

11(A) Acres by stand or strata and estimated growth and yield for
12each planned harvest entry covering the period of time the
13long-term sustained yield plan establishes as necessary to meet
14growth and yield objectives. The growth and yield estimates may
15be based on weighted average of yield for the stand types or strata
16within the area included in the management unit.

17(B) Yarding methods to be used.

18(C) Management units shall be mapped.

19(2) (A) For long-term sustained yield projections, pursuant to
20subdivision (c), that project a reduction in quadratic mean diameter
21of trees greater than 12 inches in diameter or a reduced level of
22inventory for a major stand type or for a stand or strata that make
23up greater than 10 percent and less than 25 percent of the working
24forest management plan area, an assessment shall be included that
25does all of the following:

26 (i) Addresses candidate, threatened, endangered, and sensitive
27species, and other fish and wildlife species that timber operations
28could adversely impact by potential changes to habitat.

29(ii) Addresses species habitat needs utilizing the “WHR system”
30described inbegin delete “A Guide to the California Wildlife Habitat
31Relationships System,”end delete
begin insert “A Guide to Wildlife Habitats in
32California,”end insert
California Department of Fish and Wildlife, 1988, or
33comparable typing system.

34(iii) Addresses constraints to timber management, the impact
35of the availability and distribution of habitats on the ownership
36and within the cumulative impacts assessment area identified in
37the plan in relation to the harvest schedule, and the impacts of the
38planned management activities utilizing the existing habitat as the
39baseline for comparison.

P9    1(iv) Discusses and includes feasible measures planned to avoid
2or mitigate potentially significant adverse impacts on fish or
3wildlife, which can include, but is not limited to, recruitment or
4retention of large down logs greater than 16 inches in diameter
5and 20 feet in length, retention of trees with structural features
6such as basal hollows, cavities, large limbs, or broken tops,
7retention of hardwoods, and retention or recruitment of snags
8greater than 24 inches in diameter and 16 feet in height.

9(j) A certification by the registered professional forester
10preparing the plan that the forester or a designee has personally
11inspected the plan area.

12(k) A certification by the registered professional forester
13preparing the plan that the forester or a designee has clearly
14explained to the working forest landowner that the plan is a
15long-term commitment that may require ongoing investments,
16including inventory sampling and road maintenance, for the
17purpose of managing the plan.

18(l) Any other information the board requires by regulation to
19meet its rules and the standards of this chapter.

20

4597.3.  

The board shall adopt regulations regarding the notice
21of receipt of the proposed working forest management plan. The
22notice shall be given within two working days following receipt
23of the proposed management plan and shall be consistent with all
24applicable laws. The method of notice shall include, but not be
25limited to, mailed notice and Internet-based notice. The regulations
26may require the person submitting the working forest management
27plan to provide to the department a list of the names and addresses
28of persons to whom the notice is to be mailed.

29

4597.4.  

The department shall provide notice of the filing of
30working forest management plans, the proposed plans, and working
31forest harvest notices on its Internet Web site, and to any person
32who requests, in writing, that notification.

33

4597.5.  

Upon receipt of the proposed working forest
34management plan, the department shall place the proposed plan,
35or a true copy of the proposed plan, in a location or on an Internet
36Web site available for public inspection in the county in which
37timber operations are proposed under the plan. For the purpose of
38interdisciplinary review, the department shall also transmit a copy
39to the Department of Conservation, the Department of Fish and
40Wildlife, the appropriate California regional water quality control
P10   1board, the county planning agency, and all other agencies having
2jurisdiction by law over natural resources affected by the plan.
3The department shall invite, consider, and respond in writing to
4comments received from public agencies to which the plan has
5been transmitted and shall consult with those agencies at their
6request.

7

4597.6.  

(a) The department shall provide a time period for
8public comment, starting from the date of the receipt of a working
9forest management plan, as follows:

10(1) Ninety days for a working forest management plan for less
11than 5,000 acres.

12(2) One hundred ten days for a working forest management plan
13for between 5,000 and 9,999 acres.

14(3) One hundred thirty days for a working forest management
15plan for between 10,000 and 14,999 acres.

16(b) Before a working forest management plan may be approved,
17all of the following requirements shall be met:

18(1) Within 30 working days of the receipt of a working forest
19management plan, or within 40 working days of the receipt of a
20plan to which a road management plan is appended, the department
21shall determine if the plan is accurate, complete, and in proper
22order, and if so, the plan shall be filed. An unfiled plan shall be
23returned to the applicant with an explanation that includes
24provisions for resubmitting the plan.

25(2) The initial inspection shall be initiated within 20 working
26days from the date of filing of the working forest management
27plan, and completed no more than 30 working days from the date
28of filing.

29(3) Upon completion of the initial inspection, the department
30shall have up to 45 working days to conduct the final interagency
31review of the plan.

32(4) The public comment period shall end 20 working days after
33the completion of the final interagency review of the plan or until
34the requirement in subdivision (a) is met, whichever is greater.

35(5) After the final interagency review and public comment
36period has ended, the department shall have up to 30 working days
37to review the public input, to consider recommendations and
38mitigation measures of other agencies, to respond in writing to the
39issues raised, and to determine if the plan is in conformance with
P11   1the applicable rules adopted by the board and other applicable
2provisions of law.

3(c) If after final interagency review the director determines that
4the plan is not in conformance with the rules and regulations of
5the board or this chapter, the director shall deny and return the
6plan, stating the reasons for the denial and advising the person
7submitting the plan of the person’s right to a hearing before the
8board.

9(d) If the director does not act within the time periods provided
10in paragraphs (1) through (5) in subdivision (b), the director and
11the working forest landowner submitting the working forest
12management plan shall negotiate and mutually agree upon a longer
13period for the director to review the plan. If a longer period cannot
14be mutually agreed upon, the working forest management plan
15shall be deemed denied and returned to the working forest
16landowner submitting the plan.

17(e) (1) A working forest landowner to whom a plan is denied
18pursuant to subdivision (c) or (d) may request, within 30 working
19days from the receipt of the plan, a public hearing before the board.
20The board shall schedule a public hearing to review the plan to
21determine if the plan is in conformance with the rules and
22regulations of the board and this chapter.

23(2) Board action shall take place within 30 working days from
24the filing of the appeal, or a longer period mutually agreed upon
25by the board and the person filing the appeal.

26(3) If the director’s decision to deny the plan is overturned by
27the board, the board shall prepare findings and its rationale for
28 overturning the decision, and return the plan to the department for
29approval by the director.

30(4) If the plan is not approved on appeal to the board, the
31director, within 10 working days of board action, shall advise the
32plan submitter regarding changes needed that would achieve
33compliance with this chapter and other applicable provisions of
34the law. The plan submitter shall have 45 working days from the
35date of the notification letter, or longer, if mutually agreeable to
36the department and the plan submitter to revise the plan to bring
37it into full conformance with the rules and regulations of the board
38and this chapter. Upon receipt of the information requested of the
39plan submitter, the department shall recirculate the plan and reopen
40the public comment period for 30 working days. Prior to
P12   1determining whether to approve the proposed revised plan, the
2director shall have 30 working days to review public input and
3consider recommendations and mitigation measures of other
4agencies, and to respond in writing to issues raised.

5

4597.7.  

The working forest landowner may submit a proposed
6amendment to the approved plan and shall not take any action that
7substantially deviates, as defined by the board, from the approved
8plan until the amendment has been filed with the director and the
9director has determined, after completion of the interagency review
10and public comment period, either of the following:

11(a) The amendment is in compliance with the current rules and
12regulations of the board and the provisions of this chapter.

13(b) The amendment is in compliance with the rules and
14regulations of the board and the provisions of this chapter that
15were in effect at the time the working forest management plan was
16approved. The director may only make this determination if the
17registered professional forester explains, justifies, and certifies
18both of the following:

19(1) The adherence to new or modified rules and regulations of
20the board would cause unreasonable additional expense to the
21working forest landowner.

22(2) Compliance with the rules and regulations of the board and
23the provisions of this chapter that were in effect at the time the
24working forest management plan was approved will not result in
25any significant degradation to the beneficial uses of water, soil
26stability, forest productivity, or wildlife.

27(c) Review timelines for substantial deviations of working forest
28management plans shall conform to the direction provided in
29Section 4582.7, except for amendments that add acreage covered
30by the original working forest management plan that exceeds 10
31percent or 500 acres, whichever is greater. Amendments that add
32acreage in excess of 10 percent or 500 acres shall be reviewed
33pursuant to the procedures specified in Section 4597.6.

34

4597.8.  

The working forest landowner may take actions that
35do not substantially deviate from the approved plan without the
36submission of an amendment, but those actions shall be
37subsequently reported to the department. The board shall specify,
38by regulation, those nonsubstantial deviations that may be taken.
39The board shall specify the requirements for reporting those
40deviations.

P13   1

4597.9.  

In the event of a change of ownership of the land
2described in the working forest management plan, the working
3forest landowner shall notify the new landowner of the existence
4of the plan and the need to notify the department of the new
5landowner’s intent regarding assumption of the plan. Notification
6shall be in writing with a copy to the department of the new
7landowner’s intent regarding assumption of the plan. The new
8landowner shall have one year from the date of the receipt of the
9notification by the department to notify the department in writing
10of his or her assumption of the plan. If the department does not
11receive notification within this period, the plan shall expire one
12year from the date the new landowner is advised by the department
13 of the necessity to assume the plan.

14

4597.10.  

The working forest landowner may cancel the working
15forest management plan by submitting a written notice to the
16department. Once timber operations have commenced pursuant to
17a working forest harvest notice, cancellation is not effective on
18land covered by the notice until a report of satisfactory completion
19has been issued pursuant to Sections 4585, 4586, and 4587.

20

4597.11.  

The working forest landowner who owns, leases, or
21otherwise controls or operates on all or any portion of any
22timberland within the boundaries of an approved working forest
23management plan, and who plans to harvest any of the timber
24during a given year, shall file a working forest harvest notice with
25the department in writing. A notice shall be filed prior to the
26harvesting of any timber and shall be effective for a maximum of
27one year from the date of filing. If the person who files the notice
28is not the owner of the timberland, the person filing the notice shall
29notify the timberland owner by certified mail that the notice has
30been submitted and shall certify that mailing to the department.
31The notice shall be a public record and shall include all of the
32following information:

33(a) The name and address of the timber owner.

34(b) The name and address of the timber operator.

35(c) The name and address of the registered professional forester
36preparing the working forest management plan.

37(d) A description of the land on which the work is proposed to
38be done.

P14   1(e) A statement that no archaeological sites have been discovered
2in the harvest area since the approval of the working forest
3management plan.

4(f) A statement that state or federally listed rare, threatened,
5 candidate, or endangered plant or animal species have not been
6discovered in the harvest area since the approval of the working
7forest management plan. Prior to submitting the notice, a review
8 of the California Natural Diversity Database or other public
9databases for any species listed as threatened, endangered,
10candidate, or rare, or species that meet the criteria of endangered
11or rare as provided in Section 15380 of Title 14 of the California
12Code of Regulations, shall be conducted after the initial year after
13the plan is approved. When a notice of operations is filed after the
14initial year the plan is approved, it shall comply with the following:

15(1) Documented occurrences obtained from a review of public
16and readily available sources of species state or federally listed as
17threatened, endangered, candidate, or rare within the biological
18assessment area and outside the area identified in the working
19forest harvest notice not addressed in the approved plan shall be
20submitted to the director as a minor deviation concurrently with
21the filing of a working forest harvest notice.

22(2) Occurrences of species that are state or federally listed as
23threatened, endangered, candidate, or rare discovered inside the
24area identified in the working forest harvest notice not addressed
25in the approved plan shall be submitted to the director as an
26amendment to the plan prior to filing a working forest harvest
27notice. The amendment shall contain take avoidance and mitigation
28measures if no such information is currently contained within the
29approved plan.

30(g) A statement that there are no physical environmental changes
31in the harvest area that are so significant as to require any
32amendment of the working forest management plan.

33(h) A certification by the registered professional forester that
34states either of the following:

35(1) The notice as carried out will protect the beneficial uses of
36water, soil stability, forest productivity, and wildlife as provided
37by the rules and regulations of the board and other applicable
38provisions of law.

39(2) Compliance with the rules and regulations of the board and
40the provisions of this chapter that were in effect at the time the
P15   1working forest management plan was approved will not result in
2any significant degradation to the beneficial uses of water, soil
3stability, forest productivity, or wildlife. This paragraph shall only
4apply if the forester certifies that adherence to current or modified
5rules and regulations of the board would cause unreasonable
6additional expense to the working forest landowner.

7(i) Special provisions to protect unique areas, if any, within the
8area of timber operations.

9(j) The expected dates of commencement and completion of
10timber operations during the year.

11(k) A statement that the harvesting notice conforms to the
12provisions of the approved management plan. If any aspects of the
13proposed operation are less protective than the current forest
14practices rules, an explanation of the deviation and how resource
15values will be adequately protected.

16(l) An update on erosion control mitigation measures for the
17harvest area and any appurtenant roads if conditions have changed
18since the working forest management plan was approved and a
19certification from the registered professional forester that no
20additional listings of water bodies to the Section 303(d) of the
21Clean Water Act (33 U.S.C. Sec. 1313(d)) list have occurred on
22the lands of the plan.

23(m) Any other information the board provides by regulation to
24meet its rules and the standards of this chapter and other applicable
25provisions of law.

begin delete
26

4597.11.1.  

(a) At least 10 days prior to submitting to the
27department a working forest harvest notice that proposes timber
28harvest operations in the Southern Subdistrict of the Coast Forest
29District, as defined in Section 895.1 of Title 14 of the California
30Code of Regulations, the registered professional forester shall
31provide a preoperations notice to any person who owns land that
32adjoins or includes a Class I, II, or IV watercourse that is 1,000
33feet downstream from the proposed harvest area. The preoperations
34notice shall include both of the following:

35(1) Information about the proposed timber harvest operations,
36including the location of the harvest area and identification of
37watercourses that the operations may affect.

38(2) A request that the notice recipient provide information on
39any of his or her legal domestic surface water intake systems
P16   1located within 1,000 feet downstream from the proposed harvest
2area.

3(b) A working forest harvest notice for which a preoperations
4notice is required pursuant to subdivision (a) shall not be submitted
5to the department until the preoperations notice period has expired.
6The working forest harvest notice shall include a certification by
7the registered professional forester that the forester has complied
8with subdivision (a). If the registered professional forester receives
9information pursuant to paragraph (2) of subdivision (a), the
10forester shall certify either of the following:

11(1) (A) Based on the information received in response to the
12preoperations notice, a deviation is required to the working forest
13management plan to protect legal surface domestic water intake
14systems. This deviation includes a description of the legal domestic
15surface water intake systems and protection measures to be
16approved pursuant to Section 4597.7 or 4597.8 prior to the
17commencement of operations.

18(B) For the purpose of paragraph (1), if a deviation requires an
19amendment pursuant to Section 4597.7, timber operations under
20the working forest harvest notice may still occur while the
21department processes the amendment; however, only log hauling
22on existing roads may be conducted within 300 feet of the new
23legal surface domestic water intake systems. All other operations
24within 300 feet of the new legal domestic surface water intake
25system shall not commence until the amendment has been
26processed by the department.

27(2) Based on the information received in response to the
28 preoperations notice, no deviation is required from the working
29forest management plan because the plan identifies all known legal
30surface domestic water intake systems and includes measures that
31provide adequate protection.

32(c) The preoperations notice may be mailed or personally
33delivered to each person required to receive notice pursuant to
34subdivision (a).

end delete
35

4597.12.  

(a) For an approved working forest management
36plan, the director shall convene a meeting with the interdisciplinary
37review team, as that term is used in subdivision (a) of Section
381037.5 of Title 14 of the California Code of Regulations, every
39five years to review the plan’s administrative record, information
40obtained pursuant to subdivision (b), and any other information
P17   1relevant to verify that operations have been conducted in
2accordance with the plan and applicable laws and regulations.
3Participation by review team agencies shall be at the discretion of
4each agency. If at this meeting a member of the review team
5determines that a field inspection is necessary to verify that
6operations have been conducted in accordance with the plan and
7applicable laws and regulations, then a field inspection may be
8conducted.

9(b) For the purposes of subdivision (a), the board, in consultation
10with the review team agencies, shall adopt regulations that require
11the department to develop a plan summary before each five-year
12review that allows the review team to analyze information
13including, but not limited to, the number of notices of timber
14operations, the acreage operated under each notice, the violations
15received, and the volume harvested in relation to projections of
16harvest in the plan. If the department or a review team agency does
17not have direct access to information needed for the plan summary,
18the department may require the landowner to provide this
19information.

20(c) For the purpose of allowing the public to monitor a working
21forest management plan, the department shall provide the public,
22in writing or on its Internet Web site, notice of each five-year
23review and a copy of the plan summary. The public may submit
24to the review team additional information relevant to the purpose
25of the five-year review and the review team may consider this
26information when conducting its review.

27(d) This section does not authorize the public disclosure of
28proprietary information without first obtaining the landowner’s
29consent.

30

4597.13.  

The registered professional forester who prepares the
31working forest management plan or prepares the notice of harvest,
32or any other registered professional forester who is employed by
33the owner or operator, shall report to the owner or operator if there
34are deviations from the plan that, in the forester’s judgment,
35threaten the attainment of the resource conservation standards of
36the plan.

37

4597.14.  

If the board finds that a registered professional forester
38has made any material misstatement in a working forest harvest
39notice, working forest management plan, or report pursuant to this
P18   1chapter, the board shall take disciplinary action against the forester
2as provided pursuant to Section 775.

3

4597.15.  

Notwithstanding any other provisions of this chapter,
4if a registered professional forester certifies by written declaration,
5on behalf of the timber owner or operator, that the working forest
6harvest notice conforms to and meets the requirements of the
7approved working forest management plan under which it is filed,
8timber operations may commence immediately. If the notice has
9been filed by mailing, operations may commence three days after
10the notice has been mailed. Cancellation of the plan may be
11appealed by the plan submitter or landowner utilizing the process
12prescribed in paragraph (1) of subdivision (e) of Section 4597.6.

13

4597.16.  

If the department determines that the objectives of
14uneven aged management and sustained yield are not being met
15by a working forest landowner, or there are other persistent
16violations detected that are not being corrected, the department
17shall cancel a previously approved working forest management
18plan and any further timber operations under the plan shall be
19terminated. In making a determination to cancel a plan, the
20department may cite the findings of a review conducted pursuant
21to Section 4597.12.

22

4597.17.  

If a landowner with a nonindustrial timber
23management plan or a working forest management plan with less
24than 2,500 acres expands his or her total timberland ownership to
252,500 or more acres, the landowner may transition into a working
26forest management plan for more than 2,500 acres through an
27amendment to the plan. The board shall adopt regulations that
28establish this amendment process.

29

4597.18.  

A participating landowner, in conjunction with the
30preparation of an application for a working forest management
31plan filed with the department, may also seek approval of a safe
32harbor agreement from thebegin delete Californiaend delete Department of Fish and
33Wildlife, pursuant to Article 3.7 (commencing with Section 2089.2)
34of Chapterbegin delete 1.5,end deletebegin insert 1.5end insert of Divisionbegin delete 3,end deletebegin insert 3end insert of the Fish and Game Code.
35All review costs associated with the safe harbor agreement approval
36process incurred by thebegin delete Californiaend delete Department of Fish and Wildlife
37pursuant to this section shall be paid from the fund created in
38Section 4629.3.

39

4597.19.  

Notwithstanding any other law, if a person with a
40working forest management plan or a nonindustrial timber
P19   1management plan applies for state restoration grant funding for a
2restoration project that has a significant public benefit, the
3application shall not be summarily denied on the basis that the
4project is a required condition of the harvesting plan.

5

4597.20.  

The board shall adopt the regulations needed to
6implement this article by January 1, 2016.

7

4597.21.  

This article does not affect the applicability of county
8rules adopted pursuant to Section 4516.5 nor any court decision
9made by a court of competent jurisdiction.

begin insert
10

begin insert4597.22.end insert  

This article shall not apply to the Southern Subdistrict
11of the Coast Forest District, as defined in Section 845.1 of Title
1214 of the California Code of Regulations.

end insert
begin delete
13

SEC. 2.  

Article 7.8 (commencing with Section 4598) is added
14to Chapter 8 of Part 2 of Division 4 of the Public Resources Code,
15to read:

16 

17Article 7.8.  Small Forest Unevenaged Management Plan
18

 

19

4598.  

The Legislature finds and declares the following:

20(a) Small nonindustrial landowners own approximately
21one-fourth of the timberland in California, and often have different
22economic pressures and management goals than owners of lands
23managed for timber production.

24(b) These smaller landowners often want to manage their forest
25for multiple uses, which include residential and recreation uses,
26wildlife habitat, and water resources in large part so that their ranch
27and forest properties can be passed on intact to the next generation.
28However, scale and timber value make this economically difficult,
29which increases the possibility of these lands being sold and
30subdivided, resulting in loss of open space, fish and wildlife habitat,
31and other important public trust values.

32(c) It is the intent of the Legislature to create a streamlined
33discretionary permit, subject to multiagency and public review,
34that facilitates long-term stewardship of the property with a high
35level of conservation. Once the permit is approved, it is the intent
36of the Legislature to allow the small nonindustrial landowner to
37file ministerial timber harvest notices that are in compliance with
38the permit.

39(d) It is the intent of the Legislature that the Board of Forestry
40promulgate the regulations necessary to implement this article,
P20   1using the general framework of the Nonindustrial Timber
2Management Plan, combined with the permit streamlining approach
3reflected in the Modified Timber Harvest Plan.

4

4598.1.  

(a) The Board of Forestry, in consultation with the
5entities identified in subdivision (a) of Section 1037.5 of Title 14
6of the California Code of Regulations, shall adopt regulations
7creating a Small Forest Unevenaged Management Plan. The
8regulations shall follow the general structure of the Nonindustrial
9Timber Management Plan, pursuant to Article 7.7 (commencing
10with Section 4597) and include all of the following provisions:

11(1) The plan shall be applicable to lands of 320 acres and less.

12(2) (A) Harvest in any given area of the property shall not
13exceed 80 percent of growth since the last harvest, nor shall it
14exceed 40 percent of harvestable inventory.

15(B) When the property reaches a fully regulated condition the
16landowner may update the forest inventory and thereafter harvest
17100 percent of growth.

18(3) Harvesting operations shall result in the full range of age
19classes and species of trees appropriate to the location, well
20distributed across the ownership. Retention of trees should
21prioritize those with significant value to wildlife.

22(4) Any road construction or reconstruction on slopes over 50
23percent shall include consultation by a professional geologist
24licensed in the State of California.

25(5) Harvest units shall not be reentered more frequently than
26every 10 years, with exception in the conduct of sanitation or
27salvage operations, timber stand or habitat improvement, or
28operations necessary to promote a fire safe condition.

29(b) Recognizing that this section requires increasing inventory,
30the board may develop initial inventory requirements that are less
31rigorous than used in other plans, with the provision that the
32inventory be updated to a level of appropriate statistical
33significance if the landowner intends to exercise the option in
34subparagraph (B) of paragraph (2) of subdivision (a).

35(c) A plan submitter who is in compliance with the regulations
36adopted pursuant to this section shall not be required to prepare a
37cumulative impact assessment unless a fair argument based on
38substantial evidence, as that term is used in Section 15384 of Title
3914 of the California Code of Regulations, is raised that such an
40assessment is required.

P21   1(d) For the purpose of this section, “fully regulated condition”
2means the technical, in contrast to the administrative and business,
3aspects of controlling stocking, harvests, growth, and yields to
4meet management objectives including sustained yield.

end delete
5begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
6is necessary and that a general law cannot be made applicable
7within the meaning of Section 16 of Article IV of the California
8Constitution because of the unique urbanized nature of the
9Southern Subdistrict of the Coast Forest District.

end insert
10

SEC. 3.  

No reimbursement is required by this act pursuant to
11Section 6 of Article XIII B of the California Constitution because
12the only costs that may be incurred by a local agency or school
13district will be incurred because this act creates a new crime or
14infraction, eliminates a crime or infraction, or changes the penalty
15for a crime or infraction, within the meaning of Section 17556 of
16the Government Code, or changes the definition of a crime within
17the meaning of Section 6 of Article XIII B of the California
18Constitution.



O

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