Amended in Assembly April 22, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1867


Introduced by Assembly Member Patterson

(Coauthor: Assembly Member Harkey)

(Coauthors: Senators Cannella, Fuller, Huff, and Vidak)

February 19, 2014


An act to amendbegin delete Sections 4584 and 4584.5 of, and to add Section 4584.1 to,end deletebegin insert Section 4584 ofend insert the Public Resources Code, relating to forestry.

LEGISLATIVE COUNSEL’S DIGEST

AB 1867, as amended, Patterson. Timber harvest plans: exemption: reducing flammable materials.

The Z’berg-Nejedly Forest Practices Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities, including, the cutting or removal of trees in compliance with existing law relating to defensible space that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of no more than 150 feet on each side from an approved and legally permitted structure, as provided.

This bill wouldbegin delete instead provide that the act does not applyend deletebegin insert also authorize the boardend insert tobegin insert exempt from some or all of those provisions of the actend insert a personbegin delete engaging inend deletebegin insert engaged in forest management whose activities are limited toend insert the cutting or removal of trees in compliance with existing law relating to defensible space that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of no more than 300 feet on each side from an approved and legally permittedbegin insert habitableend insert structure, as provided.begin delete The bill would also authorize the landowner to sell the timber that is cut and removed pursuant to this provision. The bill would require the board to adopt emergency regulations necessary to implement the above provision.end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 4584 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
2amended to read:end insert

3

4584.  

Upon determining that the exemption is consistent with
4the purposes of this chapter, the board may exempt from this
5chapter, or portions of this chapter, a person engaged in forest
6management whose activities are limited to any of the following:

7(a) The cutting or removal of trees for the purpose of
8constructing or maintaining a right-of-way for utility lines.

9(b) The planting, growing, nurturing, shaping, shearing, removal,
10or harvest of immature trees for Christmas trees or other ornamental
11purposes or minor forest products, including fuelwood.

12(c) The cutting or removal of dead, dying, or diseased trees of
13any size.

14(d) Site preparation.

15(e) Maintenance of drainage facilities and soil stabilization
16treatments.

17(f) Timber operations on land managed by the Department of
18Parks and Recreation.

19(g) (1) The one-time conversion of less than three acres to a
20nontimber use. A person, whether acting as an individual or as a
21member of a partnership, or as an officer or employee of a
22corporation or other legal entity, shall not obtain more than one
23exemption pursuant to this subdivision in a five-year period. If a
24partnership has as a member, or if a corporation or other legal
P3    1entity has as an officer or employee, a person who has received
2this exemption within the past five years, whether as an individual
3or as a member of a partnership, or as an officer or employee of a
4corporation or other legal entity, then that partnership, corporation,
5or other legal entity is not eligible for this exemption. “Person,”
6for purposes of this subdivision, means an individual, partnership,
7corporation, or other legal entity.

8(2) (A) Notwithstanding Section 4554.5, the board shall adopt
9regulations that do all of the following:

10(i) Identify the required documentation of a bona fide intent to
11complete the conversion that an applicant will need to submit in
12order to be eligible for the exemption in paragraph (1).

13(ii) Authorize the department to inspect the sites approved in
14conversion applications that have been approved on or after January
151, 2002, in order to determine that the conversion was completed
16within the two-year period described in subparagraph (B) of
17 paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of
18the California Code of Regulations.

19(iii) Require the exemption pursuant to this subdivision to expire
20if there is a change in timberland ownership. The person who
21originally submitted an application for an exemption pursuant to
22this subdivision shall notify the department of a change in
23timberland ownership on or before five calendar days after a change
24in ownership.

25(iv) The board may adopt regulations allowing a waiver of the
26five-year limitation described in paragraph (1) upon finding that
27the imposition of the five-year limitation would impose an undue
28hardship on the applicant for the exemption. The board may adopt
29a process for an appeal of a denial of a waiver.

30(B) The application form for the exemption pursuant to
31paragraph (1) shall prominently advise the public that a violation
32of the conversion exemption, including a conversion applied for
33in the name of someone other than the person or entity
34implementing the conversion in bona fide good faith, is a violation
35of this chapter and penalties may accrue up to ten thousand dollars
36($10,000) for each violation pursuant to Article 8 (commencing
37with Section 4601).

38(h) Easements granted by a right-of-way construction agreement
39administered by the federal government if timber sales and
40operations within or affecting these areas are reviewed and
P4    1conducted pursuant to the National Environmental Policy Act of
21969 (42 U.S.C. Sec. 4321 et seq.).

3(i) (1) The cutting or removal of trees in compliance with
4Sections 4290 and 4291 that eliminates the vertical continuity of
5vegetative fuels and the horizontal continuity of tree crowns for
6the purpose of reducing flammable materials and maintaining a
7fuel break for a distance of not more than 150 feet on each side
8from an approved and legally permitted structure that complies
9with the California Building Standards Code, when that cutting or
10removal is conducted in compliance with this subdivision. For
11purposes of this subdivision, an “approved and legally permitted
12structure” includes only structures that are designed for human
13occupancy and garages, barns, stables, and structures used to
14enclose fuel tanks.

15(2) (A) The cutting or removal of trees pursuant to this
16subdivision is limited to cutting or removal that will result in a
17reduction in the rate of fire spread, fire duration and intensity, fuel
18ignitability, or ignition of the tree crowns and shall be in
19accordance with any regulations adopted by the board pursuant to
20this section.

21(B) Trees shall not be cut or removed pursuant to this
22subdivision by the clearcutting regeneration method, by the seed
23tree removal step of the seed tree regeneration method, or by the
24shelterwood removal step of the shelterwood regeneration method.

25(3) (A) Surface fuels, including logging slash and debris, low
26brush, and deadwood, that could promote the spread of wildfire
27shall be chipped, burned, or otherwise removed from all areas of
28timber operations within 45 days from the date of commencement
29of timber operations pursuant to this subdivision.

30(B) (i) All surface fuels that are not chipped, burned, or
31otherwise removed from all areas of timber operations within 45
32days from the date of commencement of timber operations may
33be determined to be a nuisance and subject to abatement by the
34department or the city or county having jurisdiction.

35(ii) The costs incurred by the department, city, or county, as the
36case may be, to abate the nuisance upon a parcel of land subject
37to the timber operations, including, but not limited to, investigation,
38boundary determination, measurement, and other related costs,
39may be recovered by special assessment and lien against the parcel
40of land by the department, city, or county. The assessment may
P5    1be collected at the same time and in the same manner as ordinary
2ad valorem taxes, and shall be subject to the same penalties and
3the same procedure and sale in case of delinquency as is provided
4for ad valorem taxes.

5(4) All timber operations conducted pursuant to this subdivision
6shall conform to applicable city or county general plans, city or
7county implementing ordinances, and city or county zoning
8ordinances. This paragraph does not authorize the cutting, removal,
9or sale of timber or other solid wood forest products within an area
10where timber harvesting is prohibited or otherwise restricted
11pursuant to the rules or regulations adopted by the board.

12(5) (A) The board shall adopt regulations, initially as emergency
13regulations in accordance with subparagraph (B), that the board
14considers necessary to implement and to obtain compliance with
15this subdivision.

16(B) The emergency regulations adopted pursuant to
17subparagraph (A) shall be adopted in accordance with the
18Administrative Procedure Act (Chapter 3.5 (commencing with
19Section 11340) of Part 1 of Division 3 of Title 2 of the Government
20Code). The adoption of emergency regulations shall be deemed to
21be an emergency and necessary for the immediate preservation of
22the public peace, health, and safety, or general welfare.

begin insert

23(6) (A) Notwithstanding paragraph (1), the board may exempt
24from this chapter, or portions of this chapter, a person engaged
25in forest management whose activities are limited to the cutting
26or removal of trees in compliance with Sections 4290 and 4291
27that eliminates the vertical continuity of vegetative fuels and the
28horizontal continuity of tree crowns for the purpose of reducing
29flammable materials and maintaining a fuel break for a distance
30of not more than 300 feet on each side from an approved and
31legally permitted habitable structure, when that cutting or removal
32is conducted in compliance with this subdivision and the following
33conditions are met:

end insert
begin insert

34(i) The notice of exemption is prepared, signed, and submitted
35by a registered professional forester to the department.

end insert
begin insert

36(ii) For the areas between 150 and 300 feet from the habitable
37structure, the residual stocking standards are consistent with
38paragraph (5) of subdivision (i) of Section 1038 of Title 14 of the
39California Code of Regulations unless the registered professional
40forester certifies that those residual stocking standards will not
P6    1eliminate the vertical continuity of vegetative fuels and the
2horizontal continuity of tree crowns for the purpose of reducing
3flammable materials and maintaining a fuel break, in which case
4the residual stocking standards shall be consistent with paragraph
5(2) of subdivision (b) of Section 912.7 of Title 14 of the California
6Code of Regulations.

end insert
begin insert

7(B) For purposes of this paragraph, “habitable structure”
8means a building that contains one or more dwelling units or that
9can be occupied for residential use. Buildings occupied for
10residential use include single family homes, multidwelling
11structures, mobile and manufactured homes, and condominiums.
12For purposes of this paragraph “habitable structure” does not
13include commercial, industrial, or incidental buildings such as
14detached garages, barns, outdoor sanitation facilities, and sheds.

end insert

15(j) (1) The harvesting of trees, limited to those trees that
16eliminate the vertical continuity of vegetative fuels and the
17horizontal continuity of tree crowns, for the purpose of reducing
18the rate of fire spread, duration and intensity, fuel ignitability, or
19ignition of tree crowns.

20(2) The board may authorize an exemption pursuant to paragraph
21(1) only if the tree harvesting will decrease fuel continuity and
22increase the quadratic mean diameter of the stand, and the tree
23harvesting area will not exceed 300 acres.

24(3) Except as provided in paragraph (11), the notice of
25exemption, which shall be known as the Forest Fire Prevention
26Exemption, may be authorized only if all of the conditions specified
27in paragraphs (4) to (10), inclusive, are met.

28(4) A registered professional forester shall prepare the notice
29of exemption and submit it to the director, and include a map of
30the area of timber operations that complies with the requirements
31of paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
32(x) of Section 1034 of Title 14 of the California Code of
33Regulations.

34(5) (A) The registered professional forester who submits the
35notice of exemption shall include a description of the preharvest
36stand structure and a statement of the postharvest stand stocking
37levels.

38(B) The level of residual stocking shall be consistent with
39maximum sustained production of high-quality timber products.
40 The residual stand shall consist primarily of healthy and vigorous
P7    1dominant and codominant trees from the preharvest stand. Stocking
2shall not be reduced below the standards required by any of the
3following provisions that apply to the exemption at issue:

4(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
5(1) of subdivision (a) of Section 913.3 of Title 14 of the California
6Code of Regulations.

7(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
8(1) of subdivision (a) of Section 933.3 of Title 14 of the California
9Code of Regulations.

10(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
11(1) of subdivision (a) of Section 953.3 of Title 14 of the California
12Code of Regulations.

13(C) If the preharvest dominant and codominant crown canopy
14is occupied by trees less than 14 inches in diameter at breast height,
15a minimum of 100 trees over four inches in diameter at breast
16height shall be retained per acre for Site I, II, and III lands, and a
17minimum of 75 trees over four inches in diameter at breast height
18shall be retained per acre for Site IV and V lands.

19(6) (A) The registered professional forester who submits the
20notice shall include selection criteria for the trees to be harvested
21or the trees to be retained. In the development of fuel reduction
22prescriptions, the registered professional forester should consider
23retaining habitat elements, where feasible, including, but not
24limited to, ground level cover necessary for the long-term
25management of local wildlife populations.

26(B) All trees that are harvested or all trees that are retained shall
27be marked or sample marked by or under the supervision of a
28registered professional forester before felling operations begin.
29The board shall adopt regulations for sample marking for this
30section in Title 14 of the California Code of Regulations. Sample
31marking shall be limited to homogenous forest stand conditions
32typical of plantations.

33(7) (A) The registered professional forester submitting the
34notice, upon submission of the notice, shall provide a confidential
35archaeology letter that includes all the information required by
36any of the following provisions that apply to the exemption at
37issue:

38(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
39of Section 929.1 of Title 14 of the California Code of Regulations,
40and include site records if required pursuant to subdivision (g) of
P8    1that section or pursuant to Section 929.5 of Title 14 of the
2California Code of Regulations.

3(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
4of Section 949.1 of Title 14 of the California Code of Regulations,
5and include site records if required pursuant to subdivision (g) of
6that section or pursuant to Section 949.5 of Title 14 of the
7California Code of Regulations.

8(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
9of Section 969.1 of Title 14 of the California Code of Regulations,
10and include site records if required pursuant to subdivision (g) of
11that section or pursuant to Section 969.5 of Title 14 of the
12California Code of Regulations.

13(B) The director shall submit a complete copy of the confidential
14archaeological letter and two copies of all required archaeological
15or historical site records to the appropriate Information Center of
16the California Historical Resource Information System within 30
17days from the date of notice submittal to the director. Before
18submitting the notice to the director, the registered professional
19forester shall send a copy of the notice to Native Americans, as
20defined in Section 895.1 of Title 14 of the California Code of
21Regulations.

22(8) Only trees less than 18 inches in stump diameter, measured
23at eight inches above ground level, may be removed. However,
24within 500 feet of a legally permitted structure, or in an area
25prioritized as a shaded fuel break in a community wildfire
26protection plan approved by a public fire agency, if the goal of
27fuel reduction cannot be achieved by removing trees less than 18
28inches in stump diameter, trees less than 24 inches in stump
29diameter may be removed if that removal complies with this section
30and is necessary to achieve the goal of fuel reduction. A fuel
31reduction effort shall not violate the canopy closure regulations
32 adopted by the board on June 10, 2004, and as those regulations
33may be amended.

34(9) (A) This subparagraph applies to areas within 500 feet of
35a legally permitted structure and in areas prioritized as a shaded
36fuel break in a community wildfire protection plan approved by a
37public fire agency. The board shall adopt regulations for the
38treatment of surface and ladder fuels in the harvest area, including
39logging slash and debris, low brush, small trees, and deadwood,
40that could promote the spread of wildfire. The regulations adopted
P9    1by the board shall be consistent with the standards in the board’s
2“General Guidelines for Creating Defensible Space” described in
3Section 1299.03 of Title 14 of the California Code of Regulations.
4Postharvest standards shall include vertical spacing between fuels,
5horizontal spacing between fuels, maximum depth of dead ground
6surface fuels, and treatment of standing dead fuels, as follows:

7(i) Ladder and surface fuels shall be spaced to achieve a vertical
8clearance distance of eight feet or three times the height of the
9postharvest fuels, whichever is the greater distance, measured from
10the base of the live crown of the postharvest dominant and
11codominant trees to the top of the surface fuels.

12(ii) Horizontal spacing shall achieve a minimum separation of
13two to six times the height of the postharvest fuels, increasing
14spacing with increasing slope, measured from the outside branch
15edges of the fuels.

16(iii) Dead surface fuel depth shall be less than nine inches.

17(iv) Standing dead or dying trees and brush generally shall be
18removed. That material, along with live vegetation associated with
19the dead vegetation, may be retained for wildlife habitat when
20isolated from other vegetation.

21(B) This subparagraph applies to all areas not described in
22subparagraph (A).

23(i) The postharvest stand shall not contain more than 200 trees
24over three inches in diameter per acre.

25(ii) Vertical spacing shall be achieved by treating dead fuels to
26a minimum clearance distance of eight feet measured from the
27base of the live crown of the postharvest dominant and codominant
28trees to the top of the dead surface fuels.

29(iii) All logging slash created by the timber operations shall be
30treated to achieve a maximum postharvest depth of nine inches
31above the ground.

32(C) The standards required by subparagraphs (A) and (B) shall
33be achieved on approximately 80 percent of the treated area. The
34treatment shall include chipping, removing, or other methods
35necessary to achieve the standards. Ladder and surface fuel
36treatments, for any portion of the exemption area where timber
37operations have occurred, shall be done within 120 days from the
38start of timber operations on that portion of the exemption area or
39by April 1 of the year following surface fuel creation on that
40portion of the exemption area if the surface fuels are burned.

P10   1(10) Timber operations shall comply with the requirements of
2paragraphs (1) to (10), inclusive, of subdivision (b) of Section
31038 of Title 14 of the California Code of Regulations. Timber
4operations in the Lake Tahoe region shall comply instead with the
5requirements of paragraphs (1) to (16), inclusive, of subdivision
6(f) of Section 1038 of Title 14 of the California Code of
7Regulations.

8(11) A notice of exemption, which shall be known as the Forest
9Fire Prevention Pilot Project Exemption, may be authorized if all
10of the following conditions are met:

11(A) The conditions specified in paragraphs (2), (4), (6), (7), and
12(10) are met.

13(B) Only trees less than 24 inches in stump diameter, measured
14at eight inches above ground level, may be removed. A fuel
15reduction effort shall not violate the canopy closure regulations
16adopted by the board on June 10, 2004, and as those regulations
17may be amended.

18(C) (i) The registered professional forester who submits the
19notice of exemption shall include a description of the preharvest
20stand structure and a statement of the postharvest stand stocking
21levels.

22(ii) The level of residual stocking shall be consistent with
23maximum sustained production of high-quality timber products.
24The residual stand shall consist primarily of healthy and vigorous
25dominant and codominant trees from the preharvest stand. Where
26present prior to operations, the overstory canopy closure for trees
27greater than 12 inches in diameter at breast height shall not be
28reduced below 50 percent. Stocking shall be met with the largest
29trees available prior to harvest and shall not be reduced below the
30standards required by any of the following provisions that apply
31to the exemption at issue:

32(I) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
33(1) of subdivision (a) of Section 913.3 of Title 14 of the California
34Code of Regulations.

35(II) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
36(1) of subdivision (a) of Section 933.3 of Title 14 of the California
37Code of Regulations.

38(III) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
39(1) of subdivision (a) of Section 953.3 of Title 14 of the California
40Code of Regulations.

P11   1(iii) If the preharvest dominant and codominant crown canopy
2is occupied by trees less than 14 inches in diameter at breast height,
3a minimum of 100 trees over four inches in diameter at breast
4height shall be retained per acre for Site I, II, and III lands, and a
5minimum of 75 trees over four inches in diameter at breast height
6shall be retained per acre for Site IV and V lands. The retained
7trees shall be the largest trees available prior to harvest.

8(D) The activities conducted pursuant to this paragraph occur
9in the Sierra Nevada Region as defined in subdivision (f) of Section
1033302, in Modoc, Siskiyou, or Trinity Counties, or in any
11combination of these areas.

12(E) All activities conducted pursuant to this paragraph occur
13within the most recent version of the department’s Fire Hazard
14Severity Zone Map in the moderate, high, and very high fire threat
15zones.

16(F) The department shall maintain records regarding the use of
17the exemption granted in this paragraph in order to evaluate the
18impact of the exemption on fuel reduction and natural resources
19in areas where the exemption has been used.

20(G) This paragraph shall become inoperative three years after
21the effective date of regulations adopted by the board implementing
22this paragraph.

23(12) After the timber operations are complete, the department
24shall conduct an onsite inspection to determine compliance with
25this subdivision and whether appropriate enforcement action should
26be initiated.

begin delete
27

SECTION 1.  

Section 4584 of the Public Resources Code is
28amended to read:

29

4584.  

Upon determining that the exemption is consistent with
30the purposes of this chapter, the board may exempt from this
31chapter, or portions of this chapter, a person engaged in forest
32management whose activities are limited to any of the following:

33(a) The cutting or removal of trees for the purpose of
34constructing or maintaining a right-of-way for utility lines.

35(b) The planting, growing, nurturing, shaping, shearing, removal,
36or harvest of immature trees for Christmas trees or other ornamental
37purposes or minor forest products, including fuelwood.

38(c) The cutting or removal of dead, dying, or diseased trees of
39any size.

40(d) Site preparation.

P12   1(e) Maintenance of drainage facilities and soil stabilization
2treatments.

3(f) Timber operations on land managed by the Department of
4Parks and Recreation.

5(g) (1) The one-time conversion of less than three acres to a
6nontimber use. A person, whether acting as an individual or as a
7member of a partnership, or as an officer or employee of a
8corporation or other legal entity, shall not obtain more than one
9exemption pursuant to this subdivision in a five-year period. If a
10partnership has as a member, or if a corporation or other legal
11entity has as an officer or employee, a person who has received
12this exemption within the past five years, whether as an individual
13or as a member of a partnership, or as an officer or employee of a
14corporation or other legal entity, then that partnership, corporation,
15or other legal entity is not eligible for this exemption. “Person,”
16for purposes of this subdivision, means an individual, partnership,
17corporation, or other legal entity.

18(2) (A) Notwithstanding Section 4554.5, the board shall adopt
19regulations that do all of the following:

20(i) Identify the required documentation of a bona fide intent to
21complete the conversion that an applicant will need to submit in
22order to be eligible for the exemption in paragraph (1).

23(ii) Authorize the department to inspect the sites approved in
24conversion applications that have been approved on or after January
251, 2002, in order to determine that the conversion was completed
26within the two-year period described in subparagraph (B) of
27 paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of
28the California Code of Regulations.

29(iii) Require the exemption pursuant to this subdivision to expire
30if there is a change in timberland ownership. The person who
31originally submitted an application for an exemption pursuant to
32this subdivision shall notify the department of a change in
33timberland ownership on or before five calendar days after a change
34in ownership.

35(iv) The board may adopt regulations allowing a waiver of the
36five-year limitation described in paragraph (1) upon finding that
37the imposition of the five-year limitation would impose an undue
38hardship on the applicant for the exemption. The board may adopt
39a process for an appeal of a denial of a waiver.

P13   1(B) The application form for the exemption pursuant to
2paragraph (1) shall prominently advise the public that a violation
3of the conversion exemption, including a conversion applied for
4in the name of someone other than the person or entity
5implementing the conversion in bona fide good faith, is a violation
6of this chapter and penalties may accrue up to ten thousand dollars
7($10,000) for each violation pursuant to Article 8 (commencing
8with Section 4601).

9(h) Easements granted by a right-of-way construction agreement
10administered by the federal government if timber sales and
11operations within or affecting these areas are reviewed and
12conducted pursuant to the National Environmental Policy Act of
131969 (42 U.S.C. Sec. 4321 et seq.).

14(i) (1) The harvesting of trees, limited to those trees that
15eliminate the vertical continuity of vegetative fuels and the
16horizontal continuity of tree crowns, for the purpose of reducing
17the rate of fire spread, duration and intensity, fuel ignitability, or
18ignition of tree crowns.

19(2) The board may authorize an exemption pursuant to paragraph
20(1) only if the tree harvesting will decrease fuel continuity and
21increase the quadratic mean diameter of the stand, and the tree
22harvesting area will not exceed 300 acres.

23(3) Except as provided in paragraph (11), the notice of
24exemption, which shall be known as the Forest Fire Prevention
25Exemption, may be authorized only if all of the conditions specified
26in paragraphs (4) to (10), inclusive, are met.

27(4) A registered professional forester shall prepare the notice
28of exemption and submit it to the director, and include a map of
29the area of timber operations that complies with the requirements
30of paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
31(x) of Section 1034 of Title 14 of the California Code of
32Regulations.

33(5) (A) The registered professional forester who submits the
34notice of exemption shall include a description of the preharvest
35stand structure and a statement of the postharvest stand stocking
36levels.

37(B) The level of residual stocking shall be consistent with
38maximum sustained production of high-quality timber products.
39The residual stand shall consist primarily of healthy and vigorous
40dominant and codominant trees from the preharvest stand. Stocking
P14   1shall not be reduced below the standards required by any of the
2following provisions that apply to the exemption at issue:

3(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
4(1) of subdivision (a) of Section 913.3 of Title 14 of the California
5Code of Regulations.

6(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
7(1) of subdivision (a) of Section 933.3 of Title 14 of the California
8Code of Regulations.

9(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
10(1) of subdivision (a) of Section 953.3 of Title 14 of the California
11Code of Regulations.

12(C) If the preharvest dominant and codominant crown canopy
13is occupied by trees less than 14 inches in diameter at breast height,
14a minimum of 100 trees over four inches in diameter at breast
15height shall be retained per acre for Site I, II, and III lands, and a
16minimum of 75 trees over four inches in diameter at breast height
17shall be retained per acre for Site IV and V lands.

18(6) (A) The registered professional forester who submits the
19notice shall include selection criteria for the trees to be harvested
20or the trees to be retained. In the development of fuel reduction
21prescriptions, the registered professional forester should consider
22retaining habitat elements, where feasible, including, but not
23limited to, ground level cover necessary for the long-term
24management of local wildlife populations.

25(B) All trees that are harvested or all trees that are retained shall
26be marked or sample marked by or under the supervision of a
27registered professional forester before felling operations begin.
28The board shall adopt regulations for sample marking for this
29section in Title 14 of the California Code of Regulations. Sample
30marking shall be limited to homogenous forest stand conditions
31typical of plantations.

32(7) (A) The registered professional forester submitting the
33notice, upon submission of the notice, shall provide a confidential
34archaeology letter that includes all the information required by
35any of the following provisions that apply to the exemption at
36issue:

37(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
38of Section 929.1 of Title 14 of the California Code of Regulations,
39and include site records if required pursuant to subdivision (g) of
P15   1that section or pursuant to Section 929.5 of Title 14 of the
2California Code of Regulations.

3(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
4of Section 949.1 of Title 14 of the California Code of Regulations,
5and include site records if required pursuant to subdivision (g) of
6that section or pursuant to Section 949.5 of Title 14 of the
7California Code of Regulations.

8(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
9of Section 969.1 of Title 14 of the California Code of Regulations,
10and include site records if required pursuant to subdivision (g) of
11that section or pursuant to Section 969.5 of Title 14 of the
12California Code of Regulations.

13(B) The director shall submit a complete copy of the confidential
14archaeological letter and two copies of all required archaeological
15or historical site records to the appropriate Information Center of
16the California Historical Resource Information System within 30
17days from the date of notice submittal to the director. Before
18submitting the notice to the director, the registered professional
19forester shall send a copy of the notice to Native Americans, as
20defined in Section 895.1 of Title 14 of the California Code of
21Regulations.

22(8) Only trees less than 18 inches in stump diameter, measured
23at eight inches above ground level, may be removed. However,
24within 500 feet of a legally permitted structure, or in an area
25prioritized as a shaded fuel break in a community wildfire
26protection plan approved by a public fire agency, if the goal of
27fuel reduction cannot be achieved by removing trees less than 18
28inches in stump diameter, trees less than 24 inches in stump
29diameter may be removed if that removal complies with this section
30and is necessary to achieve the goal of fuel reduction. A fuel
31reduction effort shall not violate the canopy closure regulations
32adopted by the board on June 10, 2004, and as those regulations
33may be amended.

34(9) (A) This subparagraph applies to areas within 500 feet of
35a legally permitted structure and in areas prioritized as a shaded
36fuel break in a community wildfire protection plan approved by a
37public fire agency. The board shall adopt regulations for the
38treatment of surface and ladder fuels in the harvest area, including
39logging slash and debris, low brush, small trees, and deadwood,
40that could promote the spread of wildfire. The regulations adopted
P16   1by the board shall be consistent with the standards in the board’s
2“General Guidelines for Creating Defensible Space” described in
3Section 1299.03 of Title 14 of the California Code of Regulations.
4Postharvest standards shall include vertical spacing between fuels,
5horizontal spacing between fuels, maximum depth of dead ground
6surface fuels, and treatment of standing dead fuels, as follows:

7(i) Ladder and surface fuels shall be spaced to achieve a vertical
8clearance distance of eight feet or three times the height of the
9postharvest fuels, whichever is the greater distance, measured from
10the base of the live crown of the postharvest dominant and
11codominant trees to the top of the surface fuels.

12(ii) Horizontal spacing shall achieve a minimum separation of
13two to six times the height of the postharvest fuels, increasing
14spacing with increasing slope, measured from the outside branch
15edges of the fuels.

16(iii) Dead surface fuel depth shall be less than nine inches.

17(iv) Standing dead or dying trees and brush generally shall be
18removed. That material, along with live vegetation associated with
19the dead vegetation, may be retained for wildlife habitat when
20isolated from other vegetation.

21(B) This subparagraph applies to all areas not described in
22subparagraph (A).

23(i) The postharvest stand shall not contain more than 200 trees
24over three inches in diameter per acre.

25(ii) Vertical spacing shall be achieved by treating dead fuels to
26a minimum clearance distance of eight feet measured from the
27base of the live crown of the postharvest dominant and codominant
28trees to the top of the dead surface fuels.

29(iii) All logging slash created by the timber operations shall be
30treated to achieve a maximum postharvest depth of nine inches
31above the ground.

32(C) The standards required by subparagraphs (A) and (B) shall
33be achieved on approximately 80 percent of the treated area. The
34treatment shall include chipping, removing, or other methods
35necessary to achieve the standards. Ladder and surface fuel
36treatments, for any portion of the exemption area where timber
37operations have occurred, shall be done within 120 days from the
38start of timber operations on that portion of the exemption area or
39by April 1 of the year following surface fuel creation on that
40portion of the exemption area if the surface fuels are burned.

P17   1(10) Timber operations shall comply with the requirements of
2paragraphs (1) to (10), inclusive, of subdivision (b) of Section
31038 of Title 14 of the California Code of Regulations. Timber
4operations in the Lake Tahoe region shall comply instead with the
5requirements of paragraphs (1) to (16), inclusive, of subdivision
6(f) of Section 1038 of Title 14 of the California Code of
7Regulations.

8(11) A notice of exemption, which shall be known as the Forest
9Fire Prevention Pilot Project Exemption, may be authorized if all
10of the following conditions are met:

11(A) The conditions specified in paragraphs (2), (4), (6), (7), and
12(10) are met.

13(B) Only trees less than 24 inches in stump diameter, measured
14at eight inches above ground level, may be removed. A fuel
15reduction effort shall not violate the canopy closure regulations
16adopted by the board on June 10, 2004, and as those regulations
17may be amended.

18(C) (i) The registered professional forester who submits the
19notice of exemption shall include a description of the preharvest
20stand structure and a statement of the postharvest stand stocking
21levels.

22(ii) The level of residual stocking shall be consistent with
23maximum sustained production of high-quality timber products.
24The residual stand shall consist primarily of healthy and vigorous
25dominant and codominant trees from the preharvest stand. Where
26present prior to operations, the overstory canopy closure for trees
27greater than 12 inches in diameter at breast height shall not be
28reduced below 50 percent. Stocking shall be met with the largest
29trees available prior to harvest and shall not be reduced below the
30standards required by any of the following provisions that apply
31to the exemption at issue:

32(I) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
33(1) of subdivision (a) of Section 913.3 of Title 14 of the California
34Code of Regulations.

35(II) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
36(1) of subdivision (a) of Section 933.3 of Title 14 of the California
37Code of Regulations.

38(III) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
39(1) of subdivision (a) of Section 953.3 of Title 14 of the California
40Code of Regulations.

P18   1(iii) If the preharvest dominant and codominant crown canopy
2is occupied by trees less than 14 inches in diameter at breast height,
3a minimum of 100 trees over four inches in diameter at breast
4height shall be retained per acre for Site I, II, and III lands, and a
5minimum of 75 trees over four inches in diameter at breast height
6shall be retained per acre for Site IV and V lands. The retained
7trees shall be the largest trees available prior to harvest.

8(D) The activities conducted pursuant to this paragraph occur
9in the Sierra Nevada Region as defined in subdivision (f) of Section
1033302, in Modoc, Siskiyou, or Trinity Counties, or in any
11combination of these areas.

12(E) All activities conducted pursuant to this paragraph occur
13within the most recent version of the department’s Fire Hazard
14Severity Zone Map in the moderate, high, and very high fire threat
15zones.

16(F) The department shall maintain records regarding the use of
17the exemption granted in this paragraph in order to evaluate the
18impact of the exemption on fuel reduction and natural resources
19in areas where the exemption has been used.

20(G) This paragraph shall become inoperative three years after
21the effective date of regulations adopted by the board implementing
22this paragraph.

23(12) After the timber operations are complete, the department
24shall conduct an onsite inspection to determine compliance with
25this subdivision and whether appropriate enforcement action should
26be initiated.

27

SEC. 2.  

Section 4584.1 is added to the Public Resources Code,
28to read:

29

4584.1.  

(a) This chapter shall not apply to the cutting or
30removal of trees in compliance with Sections 4290 and 4291 that
31eliminates the vertical continuity of vegetative fuels and the
32horizontal continuity of tree crowns for the purpose of reducing
33flammable materials and maintaining a fuel break for a distance
34of not more than 300 feet on each side from an approved and
35legally permitted structure that complies with the California
36Building Standards Code, when that cutting or removal is
37conducted in compliance with this section. For purposes of this
38section, an “approved and legally permitted structure” includes
39only structures that are designed for human occupancy and garages,
40barns, stables, and structures used to enclose fuel tanks.

P19   1(b) (1) The cutting or removal of trees pursuant to this section
2is limited to cutting or removal that will result in a reduction in
3the rate of fire spread, fire duration and intensity, fuel ignitability,
4or ignition of the tree crowns and shall be in accordance with any
5regulations adopted by the board pursuant to this section.

6(2) Trees shall not be cut or removed pursuant to this section
7by the clearcutting regeneration method, by the seed tree removal
8step of the seed tree regeneration method, or by the shelterwood
9removal step of the shelterwood regeneration method.

10(c) (1) Surface fuels, including logging slash and debris, low
11brush, and deadwood, that could promote the spread of wildfire
12shall be chipped, burned, or otherwise removed from all areas of
13timber operations within 45 days from the date of commencement
14of timber operations pursuant to this section.

15(2) (A) All surface fuels that are not chipped, burned, or
16otherwise removed from all areas of timber operations within 45
17days from the date of commencement of timber operations may
18be determined to be a nuisance and subject to abatement by the
19department or the city or county having jurisdiction.

20(B) The costs incurred by the department, city, or county, as
21the case may be, to abate the nuisance upon a parcel of land subject
22to the timber operations, including, but not limited to, investigation,
23boundary determination, measurement, and other related costs,
24may be recovered by special assessment and lien against the parcel
25of land by the department, city, or county. The assessment may
26be collected at the same time and in the same manner as ordinary
27ad valorem taxes, and shall be subject to the same penalties and
28the same procedure and sale in case of delinquency as is provided
29for ad valorem taxes.

30(d) All timber operations conducted pursuant to this section
31shall conform to applicable city or county general plans, city or
32county implementing ordinances, and city or county zoning
33ordinances. This subdivision does not authorize the cutting or
34removal of timber or other solid wood forest products within an
35area where timber harvesting is prohibited or otherwise restricted
36pursuant to the rules or regulations adopted by the board.

37(e) The timber cut and removed pursuant to this section may be
38sold by the landowner.

39(f) (1) The board shall adopt regulations, initially as emergency
40regulations in accordance with paragraph (2), that the board
P20   1considers necessary to implement and to obtain compliance with
2this section.

3(2) The emergency regulations adopted pursuant to paragraph
4(1) shall be adopted in accordance with the Administrative
5Procedure Act (Chapter 3.5 (commencing with Section 11340) of
6Part 1 of Division 3 of Title 2 of the Government Code). The
7adoption of emergency regulations shall be deemed to be an
8emergency and necessary for the immediate preservation of the
9public peace, health, and safety, or general welfare.

10

SEC. 3.  

Section 4584.5 of the Public Resources Code is
11amended to read:

12

4584.5.  

Nothing in Section 4584 or 4584.1 shall exempt the
13owner of any timber harvested from registering with the State
14Board of Equalization or from the payment of any applicable timber
15yield taxes imposed pursuant to Section 38115 of the Revenue and
16Taxation Code.

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