Amended in Senate August 4, 2016

Amended in Senate August 2, 2016

Amended in Senate June 21, 2016

Amended in Assembly April 7, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1958


Introduced by Assembly Member Wood

February 12, 2016


An act to amend Sections 4584 and 4621 of, and to add and repeal Section 4589 of, the Public Resources Code, relating to forestry.

LEGISLATIVE COUNSEL’S DIGEST

AB 1958, as amended, Wood. Forestry: timberlands: restoration and conservation forest management activities.

The Z’berg-Nejedly Forest Practice 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. Existing law authorizes a registered professional forester in an emergency to file, on behalf of a timber owner or operator, a specified emergency notice with the department that allows for the immediate commencement of timber operations.

This bill would also, until January 1, 2024, authorize the board to exempt from some or all of those provisions of the act a person cutting or removing trees in specifiedbegin delete areas, including through commercial harvest,end deletebegin insert areasend insert to restore and conserve California black or Oregon white oak woodlands and associated grasslands, as specified. The bill would require the department and board to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of the above exemptions and emergency notice provision and specified regulations.

Existing law requires a person who owns timberlands that are to be devoted to uses other than the growing of timber to file an application for conversion with the board and requires the board to establish a system of graduated timberland conversion permit fees.

This bill would define “growing of timber,” for these purposes, to include restoration and conservation forest management activities, which may include the removal of commercial species, if necessary to achieve specific forest health and ecological goals, that are not conducted in conjunction with the cutting or removal of trees or other forest products during the conversion of timberlands to other uses.

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

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

P2    1

SECTION 1.  

Section 4584 of the Public Resources Code is
2amended to read:

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.

P3    1(f) Timber operations on land managed by the Department of
2Parks and Recreation.

3(g) (1) The one-time conversion of less than three acres to a
4nontimber use. A person, whether acting as an individual, as a
5member of a partnership, or as an officer or employee of a
6corporation or other legal entity, shall not obtain more than one
7exemption pursuant to this subdivision in a five-year period. If a
8partnership has as a member, or if a corporation or other legal
9entity has as an officer or employee, a person who has received
10this exemption within the past five years, whether as an individual,
11as a member of a partnership, or as an officer or employee of a
12corporation or other legal entity, then that partnership, corporation,
13or other legal entity is not eligible for this exemption. “Person,”
14for purposes of this subdivision, means an individual, partnership,
15corporation, or other legal entity.

16(2) (A) Notwithstanding Section 4554.5, the board shall adopt
17regulations that do all of the following:

18(i) Identify the required documentation of a bona fide intent to
19complete the conversion that an applicant will need to submit in
20order to be eligible for the exemption in paragraph (1).

21(ii) Authorize the department to inspect the sites approved in
22conversion applications that have been approved on or after January
231, 2002, in order to determine that the conversion was completed
24within the two-year period described in subparagraph (B) of
25paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of
26the California Code of Regulations.

27(iii) Require the exemption pursuant to this subdivision to expire
28if there is a change in timberland ownership. The person who
29originally submitted an application for an exemption pursuant to
30this subdivision shall notify the department of a change in
31timberland ownership on or before five calendar days after a change
32in ownership.

33(iv) The board may adopt regulations allowing a waiver of the
34five-year limitation described in paragraph (1) upon finding that
35the imposition of the five-year limitation would impose an undue
36hardship on the applicant for the exemption. The board may adopt
37a process for an appeal of a denial of a waiver.

38(B) The application form for the exemption pursuant to
39paragraph (1) shall prominently advise the public that a violation
40of the conversion exemption, including a conversion applied for
P4    1in the name of someone other than the person or entity
2implementing the conversion in bona fide good faith, is a violation
3of this chapter and penalties may accrue up to ten thousand dollars
4($10,000) for each violation pursuant to Article 8 (commencing
5with Section 4601).

6(h) An easement granted by a right-of-way construction
7agreement administered by the federal government if timber sales
8and operations within or affecting the area are reviewed and
9conducted pursuant to the National Environmental Policy Act of
101969 (42 U.S.C. Sec. 4321 et seq.).

11(i) (1) The cutting or removal of trees in compliance with
12Sections 4290 and 4291 that eliminates the vertical continuity of
13vegetative fuels and the horizontal continuity of tree crowns for
14the purpose of reducing flammable materials and maintaining a
15fuel break for a distance of not more than 150 feet on each side
16from an approved and legally permitted structure that complies
17with the California Building Standards Code, when that cutting or
18removal is conducted in compliance with this subdivision. For
19purposes of this subdivision, an “approved and legally permitted
20structure” includes only structures that are designed for human
21occupancy and garages, barns, stables, and structures used to
22enclose fuel tanks.

23(2) (A) The cutting or removal of trees pursuant to this
24subdivision is limited to cutting or removal that will result in a
25reduction in the rate of fire spread, fire duration and intensity, fuel
26ignitability, or ignition of the tree crowns and shall be in
27accordance with any regulations adopted by the board pursuant to
28this section.

29(B) Trees shall not be cut or removed pursuant to this
30subdivision by the clearcutting regeneration method, by the seed
31tree removal step of the seed tree regeneration method, or by the
32shelterwood removal step of the shelterwood regeneration method.

33(3) (A) Surface fuels, including logging slash and debris, low
34 brush, and deadwood, that could promote the spread of wildfire
35shall be chipped, burned, or otherwise removed from all areas of
36timber operations within 45 days from the date of commencement
37of timber operations pursuant to this subdivision.

38(B) (i) All surface fuels that are not chipped, burned, or
39otherwise removed from all areas of timber operations within 45
40days from the date of commencement of timber operations may
P5    1be determined to be a nuisance and subject to abatement by the
2department or the city or county having jurisdiction.

3(ii) The costs incurred by the department, city, or county, as the
4case may be, to abate the nuisance upon a parcel of land subject
5to the timber operations, including, but not limited to, investigation,
6boundary determination, measurement, and other related costs,
7may be recovered by special assessment and lien against the parcel
8of land by the department, city, or county. The assessment may
9be collected at the same time and in the same manner as ordinary
10ad valorem taxes, and shall be subject to the same penalties and
11the same procedure and sale in case of delinquency as is provided
12for ad valorem taxes.

13(4) All timber operations conducted pursuant to this subdivision
14shall conform to applicable city or county general plans, city or
15county implementing ordinances, and city or county zoning
16ordinances. This paragraph does not authorize the cutting, removal,
17or sale of timber or other solid wood forest products within an area
18where timber harvesting is prohibited or otherwise restricted
19pursuant to the rules or regulations adopted by the board.

20(5) (A) The board shall adopt regulations, initially as emergency
21regulations in accordance with subparagraph (B), that the board
22considers necessary to implement and to obtain compliance with
23this subdivision.

24(B) The emergency regulations adopted pursuant to
25subparagraph (A) shall be adopted in accordance with the
26Administrative Procedure Act (Chapter 3.5 (commencing with
27Section 11340) of Part 1 of Division 3 of Title 2 of the Government
28Code). The adoption of emergency regulations shall be deemed to
29be an emergency and necessary for the immediate preservation of
30the public peace, health, and safety, or general welfare.

31(6) (A) Notwithstanding paragraph (1), the board may exempt
32from this chapter, or portions of this chapter, a person engaged in
33forest management whose activities are limited to the cutting or
34removal of trees on the person’s property in compliance with
35Sections 4290 and 4291 that eliminates the vertical continuity of
36vegetative fuels and the horizontal continuity of tree crowns for
37the purpose of reducing flammable materials and maintaining a
38fuel break for a distance of not more than 300 feet on each side
39from an approved and legally permitted habitable structure, when
P6    1that cutting or removal is conducted in compliance with this
2subdivision and all of the following conditions are met:

3(i) The notice of exemption is prepared, signed, and submitted
4by a registered professional forester to the department.

5(ii) For the areas between 150 and 300 feet from the habitable
6structure, the operations meet all of the following provisions:

7(I) The residual stocking standards are consistent with Sections
8913.2, 933.2, and 953.2 of Title 14 of the California Code of
9Regulations, as appropriate.

10(II) Activities within this area will increase the quadratic mean
11diameter of the stand.

12(III) The residual stand consists primarily of healthy and
13vigorous dominant and codominant trees from the preharvest stand,
14well distributed though the harvested area.

15(IV) Postharvest slash treatment and stand conditions will lead
16to more moderate fire behavior in the professional judgment of
17the registered professional forester who submits the notice of
18exemption.

19(V) Any additional guidance for slash treatment and postharvest
20stand conditions and any other issues deemed necessary that are
21consistent with this section, as established by the board.

22(B) For purposes of this paragraph, “habitable structure” means
23a building that contains one or more dwelling units or that can be
24occupied for residential use. Buildings occupied for residential
25use include single family homes, multidwelling structures, mobile
26and manufactured homes, and condominiums. For purposes of this
27paragraph “habitable structure” does not include commercial,
28industrial, or incidental buildings such as detached garages, barns,
29outdoor sanitation facilities, and sheds.

30(C) The department shall evaluate the effects of this paragraph
31and shall report its recommendations, before the paragraph becomes
32inoperative, to the Legislature based on that evaluation. The report
33shall be submitted in compliance with Section 9795 of the
34Government Code.

35(D) The board shall adopt regulations to implement this
36paragraph no later than January 1, 2016.

37(E) This paragraph shall become inoperative three years after
38the effective date of regulations adopted by the board pursuant to
39subparagraph (D) but no later than January 1, 2019.

P7    1(j) (1) The harvesting of trees, limited to those trees that
2eliminate the vertical continuity of vegetative fuels and the
3horizontal continuity of tree crowns, for the purpose of reducing
4the rate of fire spread, duration and intensity, fuel ignitability, or
5ignition of tree crowns.

6(2) The board may authorize an exemption pursuant to paragraph
7(1) only if the tree harvesting will decrease fuel continuity and
8increase the quadratic mean diameter of the stand, and the tree
9harvesting area will not exceed 300 acres.

10(3) Except as provided in paragraph (11), the notice of
11exemption, which shall be known as the Forest Fire Prevention
12Exemption, may be authorized only if all of the conditions specified
13in paragraphs (4) to (10), inclusive, are met.

14(4) A registered professional forester shall prepare the notice
15of exemption and submit it to the director, and include a map of
16the area of timber operations that complies with the requirements
17of paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
18(x) of Section 1034 of Title 14 of the California Code of
19Regulations.

20(5) (A) The registered professional forester who submits the
21notice of exemption shall include a description of the preharvest
22stand structure and a statement of the postharvest stand stocking
23levels.

24(B) The level of residual stocking shall be consistent with
25maximum sustained production of high-quality timber products.
26The residual stand shall consist primarily of healthy and vigorous
27dominant and codominant trees from the preharvest stand. Stocking
28shall not be reduced below the standards required by any of the
29following provisions that apply to the exemption at issue:

30(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
31(1) of subdivision (a) of Section 913.3 of Title 14 of the California
32Code of Regulations.

33(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
34(1) of subdivision (a) of Section 933.3 of Title 14 of the California
35Code of Regulations.

36(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
37(1) of subdivision (a) of Section 953.3 of Title 14 of the California
38Code of Regulations.

39(C) If the preharvest dominant and codominant crown canopy
40is occupied by trees less than 14 inches in diameter at breast height,
P8    1a minimum of 100 trees over four inches in diameter at breast
2height shall be retained per acre for Site I, II, and III lands, and a
3minimum of 75 trees over four inches in diameter at breast height
4shall be retained per acre for Site IV and V lands.

5(6) (A) The registered professional forester who submits the
6notice shall include selection criteria for the trees to be harvested
7or the trees to be retained. In the development of fuel reduction
8prescriptions, the registered professional forester should consider
9retaining habitat elements, where feasible, including, but not
10limited to, ground level cover necessary for the long-term
11management of local wildlife populations.

12(B) All trees that are harvested or all trees that are retained shall
13be marked or sample marked by, or under the supervision of, a
14registered professional forester before felling operations begin.
15The board shall adopt regulations for sample marking for this
16section in Title 14 of the California Code of Regulations. Sample
17marking shall be limited to homogenous forest stand conditions
18typical of plantations.

19(7) (A) The registered professional forester submitting the
20notice, upon submission of the notice, shall provide a confidential
21archaeology letter that includes all the information required by
22any of the following provisions that apply to the exemption at
23issue:

24(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
25of Section 929.1 of Title 14 of the California Code of Regulations,
26and include site records if required pursuant to subdivision (g) of
27that section or pursuant to Section 929.5 of Title 14 of the
28California Code of Regulations.

29(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
30of Section 949.1 of Title 14 of the California Code of Regulations,
31and include site records if required pursuant to subdivision (g) of
32that section or pursuant to Section 949.5 of Title 14 of the
33California Code of Regulations.

34(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
35of Section 969.1 of Title 14 of the California Code of Regulations,
36and include site records if required pursuant to subdivision (g) of
37that section or pursuant to Section 969.5 of Title 14 of the
38California Code of Regulations.

39(B) The director shall submit a complete copy of the confidential
40archaeological letter and two copies of all required archaeological
P9    1or historical site records to the appropriate Information Center of
2the California Historical Resource Information System within 30
3days from the date of notice submittal to the director. Before
4submitting the notice to the director, the registered professional
5forester shall send a copy of the notice to Native Americans, as
6defined in Section 895.1 of Title 14 of the California Code of
7Regulations.

8(8) Only trees less than 18 inches in stump diameter, measured
9at eight inches above ground level, may be removed. However,
10within 500 feet of a legally permitted structure, or in an area
11prioritized as a shaded fuel break in a community wildfire
12protection plan approved by a public fire agency, if the goal of
13fuel reduction cannot be achieved by removing trees less than 18
14inches in stump diameter, trees less than 24 inches in stump
15diameter may be removed if that removal complies with this section
16and is necessary to achieve the goal of fuel reduction. A fuel
17reduction effort shall not violate the canopy closure regulations
18adopted by the board on June 10, 2004, and as those regulations
19may be amended.

20(9) (A) This subparagraph applies to areas within 500 feet of
21a legally permitted structure and in areas prioritized as a shaded
22fuel break in a community wildfire protection plan approved by a
23public fire agency. The board shall adopt regulations for the
24treatment of surface and ladder fuels in the harvest area, including
25logging slash and debris, low brush, small trees, and deadwood,
26that could promote the spread of wildfire. The regulations adopted
27by the board shall be consistent with the standards in the board’s
28“General Guidelines for Creating Defensible Space” described in
29Section 1299.03 of Title 14 of the California Code of Regulations.
30Postharvest standards shall include vertical spacing between fuels,
31horizontal spacing between fuels, maximum depth of dead ground
32surface fuels, and treatment of standing dead fuels, as follows:

33(i) Ladder and surface fuels shall be spaced to achieve a vertical
34clearance distance of eight feet or three times the height of the
35postharvest fuels, whichever is the greater distance, measured from
36the base of the live crown of the postharvest dominant and
37codominant trees to the top of the surface fuels.

38(ii) Horizontal spacing shall achieve a minimum separation of
39two to six times the height of the postharvest fuels, increasing
P10   1spacing with increasing slope, measured from the outside branch
2edges of the fuels.

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

4(iv) Standing dead or dying trees and brush generally shall be
5removed. That material, along with live vegetation associated with
6the dead vegetation, may be retained for wildlife habitat when
7isolated from other vegetation.

8(B) This subparagraph applies to all areas not described in
9subparagraph (A).

10(i) The postharvest stand shall not contain more than 200 trees
11over three inches in diameter per acre.

12(ii) Vertical spacing shall be achieved by treating dead fuels to
13a minimum clearance distance of eight feet measured from the
14base of the live crown of the postharvest dominant and codominant
15trees to the top of the dead surface fuels.

16(iii) All logging slash created by the timber operations shall be
17treated to achieve a maximum postharvest depth of nine inches
18above the ground.

19(C) The standards required by subparagraphs (A) and (B) shall
20be achieved on approximately 80 percent of the treated area. The
21treatment shall include chipping, removing, or other methods
22necessary to achieve the standards. Ladder and surface fuel
23treatments, for any portion of the exemption area where timber
24operations have occurred, shall be done within 120 days from the
25start of timber operations on that portion of the exemption area or
26by April 1 of the year following surface fuel creation on that
27portion of the exemption area if the surface fuels are burned.

28(10) Timber operations shall comply with the requirements of
29paragraphs (1) to (10), inclusive, of subdivision (b) of Section
301038 of Title 14 of the California Code of Regulations. Timber
31operations in the Lake Tahoe region shall comply instead with the
32requirements of paragraphs (1) to (16), inclusive, of subdivision
33(f) of Section 1038 of Title 14 of the California Code of
34Regulations.

35(11) A notice of exemption, which shall be known as the Forest
36Fire Prevention Pilot Project Exemption, may be authorized if all
37of the following conditions are met:

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

P11   1(B) Only trees less than 24 inches in stump diameter, measured
2at eight inches above ground level, may be removed. A fuel
3reduction effort shall not violate the canopy closure regulations
4adopted by the board on June 10, 2004, and as those regulations
5may be amended.

6(C) (i) The registered professional forester who submits the
7notice of exemption shall include a description of the preharvest
8stand structure and a statement of the postharvest stand stocking
9levels.

10(ii) The level of residual stocking shall be consistent with
11maximum sustained production of high-quality timber products.
12The residual stand shall consist primarily of healthy and vigorous
13dominant and codominant trees from the preharvest stand. Where
14present prior to operations, the overstory canopy closure for trees
15greater than 12 inches in diameter at breast height shall not be
16reduced below 50 percent. Stocking shall be met with the largest
17trees available prior to harvest and shall not be reduced below the
18standards required by any of the following provisions that apply
19to the exemption at issue:

20(I) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
21(1) of subdivision (a) of Section 913.3 of Title 14 of the California
22Code of Regulations.

23(II) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
24 (1) of subdivision (a) of Section 933.3 of Title 14 of the California
25Code of Regulations.

26(III) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
27(1) of subdivision (a) of Section 953.3 of Title 14 of the California
28Code of Regulations.

29(iii) If the preharvest dominant and codominant crown canopy
30is occupied by trees less than 14 inches in diameter at breast height,
31a minimum of 100 trees over four inches in diameter at breast
32height shall be retained per acre for Site I, II, and III lands, and a
33minimum of 75 trees over four inches in diameter at breast height
34shall be retained per acre for Site IV and V lands. The retained
35trees shall be the largest trees available prior to harvest.

36(D) The activities conducted pursuant to this paragraph occur
37in the Sierra Nevada Region as defined in subdivision (f) of Section
3833302, in Modoc, Siskiyou, or Trinity Counties, or in any
39combination of these areas.

P12   1(E) All activities conducted pursuant to this paragraph occur
2within the most recent version of the department’s Fire Hazard
3Severity Zone Map in the moderate, high, and very high fire threat
4zones.

5(F) The department shall maintain records regarding the use of
6the exemption granted in this paragraph in order to evaluate the
7impact of the exemption on fuel reduction and natural resources
8in areas where the exemption has been used.

9(G) This paragraph shall become inoperative three years after
10the effective date of regulations adopted by the board implementing
11this paragraph.

12(12) After the timber operations are complete, the department
13shall conduct an onsite inspection to determine compliance with
14this subdivision and whether appropriate enforcement action should
15be initiated.

16(k) The cutting or removal ofbegin delete trees, including through
17commercial harvest,end delete
begin insert treesend insert to restore and conserve California black
18or Oregon white oak woodlands and associated grasslands, if all
19of the following requirements are met:

20(1) A registered professional forester shall prepare the notice
21of exemption and submit it to the director. The notice shall include
22all of the following:

23(A) A map of the area of timber operations that complies with
24the requirements of paragraphs (1), (3), (4),begin delete andend delete (7) to (11),
25inclusive,begin insert and (14)end insert of subdivision (x) of Section 1034 of Title 14
26of the California Code of Regulations.

27(B) A certification signed by the registered professional forester
28that a minimum of 35 square feet of basal area per acre of
29California black or Oregon white oak, or both, occupy the proposed
30treatment area at the time the notice is prepared and the timber
31operation is designed to restore and conserve California black and
32Oregon white oak woodlands and associated grasslands.

33(C) A description of the preharvest stand structure and a
34statement of the postharvest stand stocking levels.

35(2) No tree larger than 26 inches in diameter at stump height
36shall be harvested for commercial purposes, which includes use
37for saw logs, posts and poles, fuel wood, biomass, or other forest
38products.

P13   1(3) Only conifers within 300 feet of a California black or Oregon
2white oak that are at minimum four inches in diameter at breast
3height may be harvested.

4(4) The total area exempted pursuant to this subdivision shall
5not exceed 300 acres per property per five-year period.

6(5) Conifer shall be reduced to less than 25 percent of the
7combined hardwood and conifer postharvest stand stocking levels.

8(6) No more than 20 percent of the total basal area of preexisting
9oak stock shall be cut or removed during harvest and a minimum
10of 35 square feet of basal area per acre of California black or
11Oregon white oak, or both, shall be maintained postharvest.

12(7) The registered professional forester submitting the notice,
13upon submission of the notice, shall provide a confidential
14archaeology letter that includes all the information required by
15paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of
16Section 929.1 of Title 14 of the California Code of Regulations,
17and site records if required pursuant to subdivision (g) of that
18section or pursuant to Section 929.5 of Title 14 of the California
19Code of Regulations.

20(8) All slash created by the timber operations shall be treated
21to achieve a maximum postharvest depth of 18 inches above the
22ground within 24 months of the date of the director receiving the
23notice. Slash shall be configured so as to minimize the risk of fire
24mortality to the remaining oak trees.

25(9) Timber operations shall comply with the requirements of
26paragraphs (1) to (10), inclusive, of subdivision (b) of Section
271038 of Title 14 of the California Code of Regulations.

28(10) On or before January 1, 2018, the board shall adopt
29regulations to implement this subdivision.

30(11) This subdivision shall not apply to the Southern Subdistrict
31of the Coast Forest District, as defined in Section 895.1 of Title
3214 of the California Code of Regulations, or the Southern Forest
33District, as defined in Section 909 of Title 14 of the California
34Code of Regulations.

35(12) This subdivision shall become inoperative on January 1,
362024.

37

SEC. 2.  

Section 4589 is added to the Public Resources Code,
38to read:

39

4589.  

(a) On or before December 31, 2017, the department
40and board shall review and submit a report to the Legislature on
P14   1the trends in the use of, compliance with, and effectiveness of the
2exemptions and emergency notice provisions described in Sections
34584 and 4592 of this code and Sections 1038 and 1052 of Title
414 of the California Code of Regulations. The report shall also
5include recommendations to improve the use of those exemptions
6and emergency notice provisions.

7(b) The Department of Fish and Wildlife, regional water quality
8control boards, and the public shall be provided opportunities to
9participate in the review and the development of the report.

10(c) The report shall be submitted pursuant to Section 9795 of
11the Government Code.

12(d) This section shall remain in effect only until January 1, 2019,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2019, deletes or extends that date.

15

SEC. 3.  

Section 4621 of the Public Resources Code is amended
16to read:

17

4621.  

(a) A person who owns timberlands that are to be
18devoted to uses other than the growing of timber shall file an
19application for conversion with the board. The board shall, by
20regulation, prescribe the procedures for, and the form and content
21of, the application. An application for a timberland conversion
22permit shall be accompanied by an application fee, payable to the
23department, in an amount determined by the board pursuant to
24subdivision (b).

25(b) The board shall establish, by regulation, a system of
26graduated timberland conversion permit fees to finance the cost
27of administering this article.

28(c) For purposes of this section, “growing of timber” shall
29include restoration and conservation forest management activities,
30which may include the removal of commercial species, if necessary
31to achieve specific forest health and ecological goals, including
32the restoration and conservation of oak woodlands, grasslands,
33wet meadows, and other ecologically important or unique habitats,
34that are not conducted in conjunction with the cutting or removal
35of trees or other forest products during the conversion of
36timberlands for other uses, including, but not limited to, residential
37or commercial developments, production of other agricultural
P15   1crops, recreational developments, ski developments, water
2development projects, and transportation projects.



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