Amended in Senate August 19, 2016

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 specified areas 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.

begin insert

This bill would incorporate additional changes to Section 4584 of the Public Resources Code proposed by AB 2029 that would become operative if this bill and AB 2029 are enacted and this bill is enacted last.

end insert

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.

P3    1(c) The cutting or removal of dead, dying, or diseased trees of
2any size.

3(d) Site preparation.

4(e) Maintenance of drainage facilities and soil stabilization
5treatments.

6(f) Timber operations on land managed by the Department of
7Parks and Recreation.

8(g) (1) The one-time conversion of less than three acres to a
9nontimber use. A person, whether acting as an individual, as a
10member of a partnership, or as an officer or employee of a
11corporation or other legal entity, shall not obtain more than one
12exemption pursuant to this subdivision in a five-year period. If a
13partnership has as a member, or if a corporation or other legal
14entity has as an officer or employee, a person who has received
15this exemption within the past five years, whether as an individual,
16as a member of a partnership, or as an officer or employee of a
17corporation or other legal entity, then that partnership, corporation,
18or other legal entity is not eligible for this exemption. “Person,”
19for purposes of this subdivision, means an individual, partnership,
20corporation, or other legal entity.

21(2) (A) Notwithstanding Section 4554.5, the board shall adopt
22regulations that do all of the following:

23(i) Identify the required documentation of a bona fide intent to
24complete the conversion that an applicant will need to submit in
25order to be eligible for the exemption in paragraph (1).

26(ii) Authorize the department to inspect the sites approved in
27conversion applications that have been approved on or after January
281, 2002, in order to determine that the conversion was completed
29within the two-year period described in subparagraph (B) of
30paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of
31the California Code of Regulations.

32(iii) Require the exemption pursuant to this subdivision to expire
33if there is a change in timberland ownership. The person who
34originally submitted an application for an exemption pursuant to
35this subdivision shall notify the department of a change in
36timberland ownership on or before five calendar days after a change
37in ownership.

38(iv) The board may adopt regulations allowing a waiver of the
39five-year limitation described in paragraph (1) upon finding that
40the imposition of the five-year limitation would impose an undue
P4    1hardship on the applicant for the exemption. The board may adopt
2a process for an appeal of a denial of a waiver.

3(B) The application form for the exemption pursuant to
4paragraph (1) shall prominently advise the public that a violation
5of the conversion exemption, including a conversion applied for
6in the name of someone other than the person or entity
7implementing the conversion in bona fide good faith, is a violation
8of this chapter and penalties may accrue up to ten thousand dollars
9($10,000) for each violation pursuant to Article 8 (commencing
10with Section 4601).

11(h) An easement granted by a right-of-way construction
12agreement administered by the federal government if timber sales
13and operations within or affecting the area are reviewed and
14conducted pursuant to the National Environmental Policy Act of
151969 (42 U.S.C. Sec. 4321 et seq.).

16(i) (1) The cutting or removal of trees in compliance with
17Sections 4290 and 4291 that eliminates the vertical continuity of
18vegetative fuels and the horizontal continuity of tree crowns for
19the purpose of reducing flammable materials and maintaining a
20fuel break for a distance of not more than 150 feet on each side
21from an approved and legally permitted structure that complies
22with the California Building Standards Code, when that cutting or
23removal is conducted in compliance with this subdivision. For
24purposes of this subdivision, an “approved and legally permitted
25structure” includes only structures that are designed for human
26occupancy and garages, barns, stables, and structures used to
27enclose fuel tanks.

28(2) (A) The cutting or removal of trees pursuant to this
29subdivision is limited to cutting or removal that will result in a
30reduction in the rate of fire spread, fire duration and intensity, fuel
31ignitability, or ignition of the tree crowns and shall be in
32accordance with any regulations adopted by the board pursuant to
33this section.

34(B) Trees shall not be cut or removed pursuant to this
35subdivision by the clearcutting regeneration method, by the seed
36tree removal step of the seed tree regeneration method, or by the
37shelterwood removal step of the shelterwood regeneration method.

38(3) (A) Surface fuels, including logging slash and debris, low
39 brush, and deadwood, that could promote the spread of wildfire
40shall be chipped, burned, or otherwise removed from all areas of
P5    1timber operations within 45 days from the date of commencement
2of timber operations pursuant to this subdivision.

3(B) (i) All surface fuels that are not chipped, burned, or
4otherwise removed from all areas of timber operations within 45
5days from the date of commencement of timber operations may
6be determined to be a nuisance and subject to abatement by the
7department or the city or county having jurisdiction.

8(ii) The costs incurred by the department, city, or county, as the
9case may be, to abate the nuisance upon a parcel of land subject
10to the timber operations, including, but not limited to, investigation,
11boundary determination, measurement, and other related costs,
12may be recovered by special assessment and lien against the parcel
13of land by the department, city, or county. The assessment may
14be collected at the same time and in the same manner as ordinary
15ad valorem taxes, and shall be subject to the same penalties and
16the same procedure and sale in case of delinquency as is provided
17for ad valorem taxes.

18(4) All timber operations conducted pursuant to this subdivision
19shall conform to applicable city or county general plans, city or
20county implementing ordinances, and city or county zoning
21ordinances. This paragraph does not authorize the cutting, removal,
22or sale of timber or other solid wood forest products within an area
23where timber harvesting is prohibited or otherwise restricted
24pursuant to the rules or regulations adopted by the board.

25(5) (A) The board shall adopt regulations, initially as emergency
26regulations in accordance with subparagraph (B), that the board
27considers necessary to implement and to obtain compliance with
28this subdivision.

29(B) The emergency regulations adopted pursuant to
30subparagraph (A) shall be adopted in accordance with the
31Administrative Procedure Act (Chapter 3.5 (commencing with
32Section 11340) of Part 1 of Division 3 of Title 2 of the Government
33Code). The adoption of emergency regulations shall be deemed to
34be an emergency and necessary for the immediate preservation of
35the public peace, health, and safety, or general welfare.

36(6) (A) Notwithstanding paragraph (1), the board may exempt
37from this chapter, or portions of this chapter, a person engaged in
38forest management whose activities are limited to the cutting or
39removal of trees on the person’s property in compliance with
40Sections 4290 and 4291 that eliminates the vertical continuity of
P6    1vegetative fuels and the horizontal continuity of tree crowns for
2the purpose of reducing flammable materials and maintaining a
3fuel break for a distance of not more than 300 feet on each side
4from an approved and legally permitted habitable structure, when
5that cutting or removal is conducted in compliance with this
6subdivision and all of the following conditions are met:

7(i) The notice of exemption is prepared, signed, and submitted
8by a registered professional forester to the department.

9(ii) For the areas between 150 and 300 feet from the habitable
10structure, the operations meet all of the following provisions:

11(I) The residual stocking standards are consistent with Sections
12913.2, 933.2, and 953.2 of Title 14 of the California Code of
13Regulations, as appropriate.

14(II) Activities within this area will increase the quadratic mean
15diameter of the stand.

16(III) The residual stand consists primarily of healthy and
17vigorous dominant and codominant trees from the preharvest stand,
18well distributedbegin delete thoughend deletebegin insert throughend insert the harvested area.

19(IV) Postharvest slash treatment and stand conditions will lead
20to more moderate fire behavior in the professional judgment of
21the registered professional forester who submits the notice of
22exemption.

23(V) Any additional guidance for slash treatment and postharvest
24stand conditions and any other issues deemed necessary that are
25consistent with this section, as established by the board.

26(B) For purposes of this paragraph, “habitable structure” means
27a building that contains one or more dwelling units or that can be
28occupied for residential use. Buildings occupied for residential
29use include single family homes, multidwelling structures, mobile
30and manufactured homes, and condominiums. For purposes of this
31paragraph “habitable structure” does not include commercial,
32industrial, or incidental buildings such as detached garages, barns,
33outdoor sanitation facilities, and sheds.

34(C) The department shall evaluate the effects of this paragraph
35and shall report its recommendations, before the paragraph becomes
36inoperative, to the Legislature based on that evaluation. The report
37shall be submitted in compliance with Section 9795 of the
38Government Code.

39(D) The board shall adopt regulations to implement this
40paragraph no later than January 1, 2016.

P7    1(E) This paragraph shall become inoperative three years after
2the effective date of regulations adopted by the board pursuant to
3subparagraph (D) but no later than January 1, 2019.

4(j) (1) The harvesting of trees, limited to those trees that
5eliminate the vertical continuity of vegetative fuels and the
6horizontal continuity of tree crowns, for the purpose of reducing
7the rate of fire spread, duration and intensity, fuel ignitability, or
8ignition of tree crowns.

9(2) The board may authorize an exemption pursuant to paragraph
10(1) only if the tree harvesting will decrease fuel continuity and
11increase the quadratic mean diameter of the stand, and the tree
12harvesting area will not exceed 300 acres.

13(3) Except as provided in paragraph (11), the notice of
14exemption, which shall be known as the Forest Fire Prevention
15Exemption, may be authorized only if all of the conditions specified
16in paragraphs (4) to (10), inclusive, are met.

17(4) A registered professional forester shall prepare the notice
18of exemption and submit it to the director, and include a map of
19the area of timber operations that complies with the requirements
20of paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
21(x) of Section 1034 of Title 14 of the California Code of
22Regulations.

23(5) (A) The registered professional forester who submits the
24notice of exemption shall include a description of the preharvest
25stand structure and a statement of the postharvest stand stocking
26levels.

27(B) The level of residual stocking shall be consistent with
28maximum sustained production of high-quality timber products.
29The residual stand shall consist primarily of healthy and vigorous
30dominant and codominant trees from the preharvest stand. Stocking
31shall not be reduced below the standards required by any of the
32following provisions that apply to the exemption at issue:

33(i) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
34(1) of subdivision (a) of Section 913.3 of Title 14 of the California
35Code of Regulations.

36(ii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
37(1) of subdivision (a) of Section 933.3 of Title 14 of the California
38Code of Regulations.

P8    1(iii) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
2(1) of subdivision (a) of Section 953.3 of Title 14 of the California
3Code of Regulations.

4(C) If the preharvest dominant and codominant crown canopy
5is occupied by trees less than 14 inches in diameter at breast height,
6a minimum of 100 trees over four inches in diameter at breast
7height shall be retained per acre for Site I, II, and III lands, and a
8minimum of 75 trees over four inches in diameter at breast height
9shall be retained per acre for Site IV and V lands.

10(6) (A) The registered professional forester who submits the
11notice shall include selection criteria for the trees to be harvested
12or the trees to be retained. In the development of fuel reduction
13prescriptions, the registered professional forester should consider
14retaining habitat elements, where feasible, including, but not
15limited to, ground level cover necessary for the long-term
16management of local wildlife populations.

17(B) All trees that are harvested or all trees that are retained shall
18be marked or sample marked by, or under the supervision of, a
19registered professional forester before felling operations begin.
20The board shall adopt regulations for sample marking for this
21section in Title 14 of the California Code of Regulations. Sample
22marking shall be limited to homogenous forest stand conditions
23typical of plantations.

24(7) (A) The registered professional forester submitting the
25notice, upon submission of the notice, shall provide a confidential
26archaeology letter that includes all the information required by
27any of the following provisions that apply to the exemption at
28issue:

29(i) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
30of Section 929.1 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 929.5 of Title 14 of the
33California Code of Regulations.

34(ii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
35of Section 949.1 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 949.5 of Title 14 of the
38California Code of Regulations.

39(iii) Paragraphs (2) and (7) to (11), inclusive, of subdivision (c)
40of Section 969.1 of Title 14 of the California Code of Regulations,
P9    1and include site records if required pursuant to subdivision (g) of
2that section or pursuant to Section 969.5 of Title 14 of the
3California Code of Regulations.

4(B) The director shall submit a complete copy of the confidential
5archaeological letter and two copies of all required archaeological
6or historical site records to the appropriate Information Center of
7the California Historical Resource Information System within 30
8days from the date of notice submittal to the director. Before
9submitting the notice to the director, the registered professional
10forester shall send a copy of the notice to Native Americans, as
11defined in Section 895.1 of Title 14 of the California Code of
12Regulations.

13(8) Only trees less than 18 inches in stump diameter, measured
14at eight inches above ground level, may be removed. However,
15within 500 feet of a legally permitted structure, or in an area
16prioritized as a shaded fuel break in a community wildfire
17protection plan approved by a public fire agency, if the goal of
18fuel reduction cannot be achieved by removing trees less than 18
19inches in stump diameter, trees less than 24 inches in stump
20diameter may be removed if that removal complies with this section
21and is necessary to achieve the goal of fuel reduction. A fuel
22reduction effort shall not violate the canopy closure regulations
23adopted by the board on June 10, 2004, and as those regulations
24may be amended.

25(9) (A) This subparagraph applies to areas within 500 feet of
26a legally permitted structure and in areas prioritized as a shaded
27fuel break in a community wildfire protection plan approved by a
28public fire agency. The board shall adopt regulations for the
29treatment of surface and ladder fuels in the harvest area, including
30logging slash and debris, low brush, small trees, and deadwood,
31that could promote the spread of wildfire. The regulations adopted
32by the board shall be consistent with the standards in the board’s
33“General Guidelines for Creating Defensible Space” described in
34Section 1299.03 of Title 14 of the California Code of Regulations.
35Postharvest standards shall include vertical spacing between fuels,
36horizontal spacing between fuels, maximum depth of dead ground
37surface fuels, and treatment of standing dead fuels, as follows:

38(i) Ladder and surface fuels shall be spaced to achieve a vertical
39clearance distance of eight feet or three times the height of the
40postharvest fuels, whichever is the greater distance, measured from
P10   1the base of the live crown of the postharvest dominant and
2codominant trees to the top of the surface fuels.

3(ii) Horizontal spacing shall achieve a minimum separation of
4two to six times the height of the postharvest fuels, increasing
5spacing with increasing slope, measured from the outside branch
6edges of the fuels.

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

8(iv) Standing dead or dying trees and brush generally shall be
9removed. That material, along with live vegetation associated with
10the dead vegetation, may be retained for wildlife habitat when
11isolated from other vegetation.

12(B) This subparagraph applies to all areas not described in
13subparagraph (A).

14(i) The postharvest stand shall not contain more than 200 trees
15over three inches in diameter per acre.

16(ii) Vertical spacing shall be achieved by treating dead fuels to
17a minimum clearance distance of eight feet measured from the
18base of the live crown of the postharvest dominant and codominant
19trees to the top of the dead surface fuels.

20(iii) All logging slash created by the timber operations shall be
21treated to achieve a maximum postharvest depth of nine inches
22above the ground.

23(C) The standards required by subparagraphs (A) and (B) shall
24be achieved on approximately 80 percent of the treated area. The
25treatment shall include chipping, removing, or other methods
26necessary to achieve the standards. Ladder and surface fuel
27treatments, for any portion of the exemption area where timber
28operations have occurred, shall be done within 120 days from the
29start of timber operations on that portion of the exemption area or
30by April 1 of the year following surface fuel creation on that
31portion of the exemption area if the surface fuels are burned.

32(10) Timber operations shall comply with the requirements of
33paragraphs (1) to (10), inclusive, of subdivision (b) of Section
341038 of Title 14 of the California Code of Regulations. Timber
35operations in the Lake Tahoe region shall comply instead with the
36requirements of paragraphs (1) to (16), inclusive, of subdivision
37(f) of Section 1038 of Title 14 of the California Code of
38Regulations.

P11   1(11) A notice of exemption, which shall be known as the Forest
2Fire Prevention Pilot Project Exemption, may be authorized if all
3of the following conditions are met:

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

6(B) Only trees less than 24 inches in stump diameter, measured
7at eight inches above ground level, may be removed. A fuel
8reduction effort shall not violate the canopy closure regulations
9adopted by the board on June 10, 2004, and as those regulations
10may be amended.

11(C) (i) The registered professional forester who submits the
12notice of exemption shall include a description of the preharvest
13stand structure and a statement of the postharvest stand stocking
14levels.

15(ii) The level of residual stocking shall be consistent with
16maximum sustained production of high-quality timber products.
17The residual stand shall consist primarily of healthy and vigorous
18dominant and codominant trees from the preharvest stand. Where
19present prior to operations, the overstory canopy closure for trees
20greater than 12 inches in diameter at breast height shall not be
21reduced below 50 percent. Stocking shall be met with the largest
22trees available prior to harvest and shall not be reduced below the
23standards required by any of the following provisions that apply
24to the exemption at issue:

25(I) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
26(1) of subdivision (a) of Section 913.3 of Title 14 of the California
27Code of Regulations.

28(II) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
29 (1) of subdivision (a) of Section 933.3 of Title 14 of the California
30Code of Regulations.

31(III) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph
32(1) of subdivision (a) of Section 953.3 of Title 14 of the California
33Code of Regulations.

34(iii) If the preharvest dominant and codominant crown canopy
35is occupied by trees less than 14 inches in diameter at breast height,
36a minimum of 100 trees over four inches in diameter at breast
37height shall be retained per acre for Site I, II, and III lands, and a
38minimum of 75 trees over four inches in diameter at breast height
39shall be retained per acre for Site IV and V lands. The retained
40trees shall be the largest trees available prior to harvest.

P12   1(D) The activities conducted pursuant to this paragraph occur
2in the Sierra Nevada Region as defined in subdivision (f) of Section
333302, in Modoc, Siskiyou, or Trinity Counties, or in any
4combination of these areas.

5(E) All activities conducted pursuant to this paragraph occur
6within the most recent version of the department’s Fire Hazard
7Severity Zone Map in the moderate, high, and very high fire threat
8zones.

9(F) The department shall maintain records regarding the use of
10the exemption granted in this paragraph in order to evaluate the
11impact of the exemption on fuel reduction and natural resources
12in areas where the exemption has been used.

13(G) This paragraph shall become inoperative three years after
14the effective date of regulations adopted by the board implementing
15this paragraph.

16(12) After the timber operations are complete, the department
17shall conduct an onsite inspection to determine compliance with
18this subdivision and whether appropriate enforcement action should
19be initiated.

20(k) The cutting or removal of trees to restore and conserve
21California black or Oregon white oak woodlands and associated
22grasslands, if all of the following requirements are met:

23(1) A registered professional forester shall prepare the notice
24of exemption and submit it to the director. The notice shall include
25all of the following:

26(A) A map of the area of timber operations that complies with
27the requirements of paragraphs (1), (3), (4), (7) to (11), inclusive,
28and (14) of subdivision (x) of Section 1034 of Title 14 of the
29California Code of Regulations.

30(B) A certification signed by the registered professional forester
31that a minimum of 35 square feet of basal area per acre of
32California black or Oregon white oak, or both, occupy the proposed
33treatment area at the time the notice is prepared and the timber
34operation is designed to restore and conserve California black and
35Oregon white oak woodlands and associated grasslands.

36(C) A description of the preharvest stand structure and a
37statement of the postharvest stand stocking levels.

38(2) No tree larger than 26 inches in diameter at stump height
39shall be harvested for commercial purposes, which includes use
P13   1for saw logs, posts and poles, fuel wood, biomass, or other forest
2products.

3(3) Only conifers within 300 feet of a California black or Oregon
4white oak that are at minimum four inches in diameter at breast
5height may be harvested.

6(4) The total area exempted pursuant to this subdivision shall
7not exceed 300 acres per property per five-year period.

8(5) Conifer shall be reduced to less than 25 percent of the
9combined hardwood and conifer postharvest stand stocking levels.

10(6) No more than 20 percent of the total basal area of preexisting
11oak stock shall be cut or removed during harvest and a minimum
12of 35 square feet of basal area per acre of California black or
13Oregon white oak, or both, shall be maintained postharvest.

14(7) The registered professional forester submitting the notice,
15upon submission of the notice, shall provide a confidential
16archaeology letter that includes all the information required by
17paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of
18Section 929.1 of Title 14 of the California Code of Regulations,
19and site records if required pursuant to subdivision (g) of that
20section or pursuant to Section 929.5 of Title 14 of the California
21Code of Regulations.

22(8) All slash created by the timber operations shall be treated
23to achieve a maximum postharvest depth of 18 inches above the
24ground within 24 months of the date of the director receiving the
25notice. Slash shall be configured so as to minimize the risk of fire
26mortality to the remaining oak trees.

27(9) Timber operations shall comply with the requirements of
28paragraphs (1) to (10), inclusive, of subdivision (b) of Section
291038 of Title 14 of the California Code of Regulations.

30(10) On or before January 1, 2018, the board shall adopt
31regulations to implement this subdivision.

32(11) This subdivision shall not apply to the Southern Subdistrict
33of the Coast Forest District, as defined in Section 895.1 of Title
3414 of the California Code of Regulations, or the Southern Forest
35District, as defined in Section 909 of Title 14 of the California
36Code of Regulations.

37(12) This subdivision shall become inoperative on January 1,
382024.

39begin insert

begin insertSEC. 1.5.end insert  

end insert

begin insertSection 4584 of the end insertbegin insertPublic Resources Codeend insertbegin insert is
40amended to read:end insert

P14   1

4584.  

Upon determining thatbegin delete theend deletebegin insert thisend insert exemption is consistent
2with the purposes of this chapter, the board may exempt from this
3chapter, or portions of this chapter, a person engaged in forest
4management whose activities are limited to any of the following:

5(a) The cutting or removal of trees for the purpose of
6constructing or maintaining a right-of-way for utility lines.

7(b) The planting, growing, nurturing, shaping, shearing, removal,
8or harvest of immature trees for Christmas trees or other ornamental
9purposes or minor forest products, including fuelwood.

10(c) The cutting or removal of dead, dying, or diseased trees of
11any size.

12(d) Site preparation.

13(e) Maintenance of drainage facilities and soil stabilization
14treatments.

15(f) Timber operations on land managed by the Department of
16Parks and Recreation.

17(g) (1) The one-time conversion of less than three acres to a
18nontimber use. A person, whether acting as anbegin delete individual orend delete
19begin insert individual,end insert as a member of a partnership, or as an officer or
20employee of a corporation or other legal entity, shall not obtain
21more than one exemption pursuant to this subdivision in a five-year
22period. If a partnership has as a member, or if a corporation or
23other legal entity has as an officer or employee, a person who has
24received this exemption within the past five years, whether as an
25begin delete individual orend deletebegin insert individual,end insert as a member of a partnership, or as an
26officer or employee of a corporation or other legal entity, then that
27partnership, corporation, or other legal entity is not eligible for
28this exemption. “Person,” for purposes of this subdivision, means
29an individual, partnership, corporation, or other legal entity.

30(2) (A) Notwithstanding Section 4554.5, the board shall adopt
31regulations that do all of the following:

32(i) Identify the required documentation of a bona fide intent to
33complete the conversion that an applicant will need to submit in
34order to be eligible for the exemption in paragraph (1).

35(ii) Authorize the department to inspect the sites approved in
36conversion applications that have been approved on or after January
371, 2002, in order to determine that the conversion was completed
38within the two-year period described in subparagraph (B) of
39paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of
40the California Code of Regulations.

P15   1(iii) Require the exemption pursuant to this subdivision to expire
2if there is a change in timberland ownership. The person who
3originally submitted an application for an exemption pursuant to
4this subdivision shall notify the department of a change in
5timberland ownership on or before five calendar days after a change
6in ownership.

7(iv) The board may adopt regulations allowing a waiver of the
8five-year limitation described in paragraph (1) upon finding that
9the imposition of the five-year limitation would impose an undue
10hardship on the applicant for the exemption. The board may adopt
11a process for an appeal of a denial of a waiver.

12(B) The application form for the exemption pursuant to
13paragraph (1) shall prominently advise the public that a violation
14of the conversion exemption, including a conversion applied for
15in the name of someone other than the person or entity
16implementing the conversion in bona fide good faith, is a violation
17of this chapter and penalties may accrue up to ten thousand dollars
18($10,000) for each violation pursuant to Article 8 (commencing
19with Section 4601).

20(h) begin deleteEasements end deletebegin insertAn easement end insertgranted by a right-of-way
21construction agreement administered by the federal government
22if timber sales and operations within or affectingbegin delete these areasend deletebegin insert the
23areaend insert
are reviewed and conducted pursuant to the National
24Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).

25(i) (1) The cutting or removal of trees in compliance with
26Sections 4290 and 4291 that eliminates the vertical continuity of
27vegetative fuels and the horizontal continuity of tree crowns for
28the purpose of reducing flammable materials and maintaining a
29fuel break for a distance of not more than 150 feet on each side
30from an approved and legally permitted structure that complies
31with the California Building Standards Code, when that cutting or
32removal is conducted in compliance with this subdivision. For
33purposes of this subdivision, an “approved and legally permitted
34structure” includes only structures that are designed for human
35begin delete occupancy andend deletebegin insert occupancy,end insert garages, barns, stables, and structures
36used to enclose fuel tanks.

37(2) (A) The cutting or removal of trees pursuant to this
38subdivision is limited to cutting or removal that will result in a
39reduction in the rate of fire spread, fire duration and intensity, fuel
40ignitability, or ignition of the tree crowns and shall be in
P16   1 accordance with any regulations adopted by the board pursuant to
2this section.

3(B) Trees shall not be cut or removed pursuant to this
4subdivision by the clearcutting regeneration method, by the seed
5tree removal step of the seed tree regeneration method, or by the
6shelterwood removal step of the shelterwood regeneration method.

7(3) (A) Surface fuels, including logging slash and debris, low
8brush, and deadwood, that could promote the spread of wildfire
9shall be chipped, burned, or otherwise removed from all areas of
10timber operations within 45 days from the date of commencement
11of timber operations pursuant to this subdivision.

12(B) (i) All surface fuels that are not chipped, burned, or
13otherwise removed from all areas of timber operations within 45
14days from the date of commencement of timber operations may
15be determined to be a nuisance and subject to abatement by the
16department or the city or county having jurisdiction.

17(ii) The costs incurred by the department, city, or county, as the
18case may be, to abate the nuisance upon a parcel of land subject
19to the timber operations, including, but not limited to, investigation,
20boundary determination, measurement, and other related costs,
21may be recovered by special assessment and lien against the parcel
22of land by the department, city, or county. The assessment may
23be collected at the same time and in the same manner as ordinary
24ad valorem taxes, and shall be subject to the same penalties and
25the same procedure and sale in case of delinquency as is provided
26for ad valorem taxes.

27(4) All timber operations conducted pursuant to this subdivision
28shall conform to applicable city or county general plans, city or
29county implementing ordinances, and city or county zoning
30ordinances. This paragraph does not authorize the cutting, removal,
31or sale of timber or other solid wood forest products within an area
32where timber harvesting is prohibited or otherwise restricted
33pursuant to the rules or regulations adopted by the board.

34(5) (A) The board shall adopt regulations, initially as emergency
35regulations in accordance with subparagraph (B), that the board
36considers necessary to implement and to obtain compliance with
37this subdivision.

38(B) The emergency regulations adopted pursuant to
39subparagraph (A) shall be adopted in accordance with the
40Administrative Procedure Act (Chapter 3.5 (commencing with
P17   1Section 11340) of Part 1 of Division 3 of Title 2 of the Government
2Code). The adoption of emergency regulations shall be deemed to
3be an emergency and necessary for the immediate preservation of
4the public peace, health, and safety, or general welfare.

5(6) (A) Notwithstanding paragraph (1), the board may exempt
6from this chapter, or portions of this chapter, a person engaged in
7forest management whose activities are limited to the cutting or
8removal of trees on the person’s property in compliance with
9Sections 4290 and 4291 that eliminates the vertical continuity of
10vegetative fuels and the horizontal continuity of tree crowns for
11the purpose of reducing flammable materials and maintaining a
12fuel break for a distance of not more than 300 feet on each side
13from an approved and legally permitted habitable structure, when
14that cutting or removal is conducted in compliance with this
15subdivision and all of the following conditions are met:

16(i) The notice of exemption is prepared, signed, and submitted
17by a registered professional forester to the department.

18(ii) For the areas between 150 and 300 feet from the habitable
19structure, the operations meet all of the following provisions:

20(I) The residual stocking standards are consistent with Sections
21913.2, 933.2, and 953.2 of Title 14 of the California Code of
22Regulations, as appropriate.

23(II) Activities within this area will increase the quadratic mean
24diameter of the stand.

25(III) The residual stand consists primarily of healthy and
26vigorous dominant and codominant trees from the preharvest stand,
27well distributedbegin delete thoughend deletebegin insert throughend insert the harvested area.

28(IV) Postharvest slash treatment and stand conditions will lead
29to more moderate fire behavior in the professional judgment of
30the registered professional forester who submits the notice of
31exemption.

32(V) Any additional guidance for slash treatment and postharvest
33stand conditions and any other issues deemed necessary that are
34consistent with this section, as established by the board.

35(B) For purposes of this paragraph, “habitable structure” means
36a building that contains one or more dwelling units or that can be
37occupied for residential use. Buildings occupied for residential
38use include single family homes, multidwelling structures, mobile
39and manufactured homes, and condominiums. For purposes of this
40paragraph “habitable structure” does not include commercial,
P18   1industrial, or incidental buildings such as detached garages, barns,
2outdoor sanitation facilities, and sheds.

3(C) The department shall evaluate the effects of this paragraph
4and shall report its recommendations, before the paragraph becomes
5inoperative, to the Legislature based on that evaluation. The report
6shall be submitted in compliance with Section 9795 of the
7Government Code.

8(D) The board shall adopt regulations to implement this
9paragraph no later than January 1, 2016.

10(E) This paragraph shall become inoperative three years after
11the effective date of regulations adopted by the board pursuant to
12subparagraph (D) but no later than January 1, 2019.

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

18(2) The board may authorize an exemption pursuant to paragraph
19(1) only if the tree harvesting will decrease fuel continuity and
20increase the quadratic mean diameter of the stand, and the tree
21harvesting area will not exceed 300 acres.

22(3) Except as provided in paragraph (11), the notice of
23exemption, which shall be known as the Forest Fire Prevention
24Exemption, may be authorized only if all of the conditions specified
25in paragraphs (4) to (10), inclusive, are met.

26(4) A registered professional forester shall prepare the notice
27of exemption and submit it to the director, and include a map of
28the area of timber operations that complies with the requirements
29of paragraphs (1), (3), (4), and (7) to (12), inclusive, of subdivision
30(x) of Section 1034 of Title 14 of the California Code of
31Regulations.

32(5) (A) The registered professional forester who submits the
33notice of exemption shall include a description of the preharvest
34stand structure and a statement of the postharvest stand stocking
35levels.

36(B) The level of residual stocking shall be consistent with
37maximum sustained production of high-quality timber products.
38The residual stand shall consist primarily of healthy and vigorous
39dominant and codominant trees from the preharvest stand. Stocking
P19   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 markedbegin delete byend deletebegin insert by,end insert or under the supervisionbegin delete ofend delete
27begin insert of,end insert a registered 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
P20   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
P21   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.

P22   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 thanbegin delete 24end deletebegin insert 26end insert inches in stump diameter,
14measured at eight inches above ground level, may be removed. A
15fuel reduction 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.

P23   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
9inbegin delete the Sierra Nevada Region as defined in subdivision (f) of Section
1033302, in Modoc, Siskiyou, or Trinityend delete
begin insert end insertbegin insertAlpine, Amador, Butte,
11Calaveras, Del Norte, El Dorado, Fresno, Humboldt, Inyo, Kern,
12Lassen, Madera, Mariposa, Mendocino, Modoc, Mono, Nevada,
13Placer, Plumas, Shasta, Sierra, Siskiyou, Sonoma, Tehama, Trinity,
14Tulare, Tuolumne, or Yubaend insert
Counties, or in any combination of
15these areas.

16(E) All activities conducted pursuant to this paragraph occur
17within the most recent version of the department’s Fire Hazard
18Severity Zone Map in the moderate, high, and very high fire threat
19zones.

20(F) The department shall maintain records regarding the use of
21the exemption granted in this paragraph in order to evaluate the
22impact of the exemption on fuel reduction and natural resources
23in areas where the exemption has been used.

begin insert

24
(G) The amendments made to this paragraph by the act that
25added this subparagraph during the 2015-16 Regular Legislative
26Session shall become operative on January 1, 2018, or when the
27report described in Section 4589 is submitted to the Legislature,
28whichever occurs first.

end insert
begin delete

29(G)

end delete

30begin insert(H)end insert This paragraph shall become inoperativebegin delete three years after
31the effective date of regulations adopted by the board implementing
32this paragraph.end delete
begin insert on January 1, 2021.end insert

33(12) After the timber operations are complete, the department
34shall conduct an onsite inspection to determine compliance with
35this subdivision and whether appropriate enforcement action should
36be initiated.

begin insert

37
(k) The cutting or removal of trees to restore and conserve
38California black or Oregon white oak woodlands and associated
39grasslands, if all of the following requirements are met:

end insert
begin insert

P24   1
(1) A registered professional forester shall prepare the notice
2of exemption and submit it to the director. The notice shall include
3all of the following:

end insert
begin insert

4
(A) A map of the area of timber operations that complies with
5the requirements of paragraphs (1), (3), (4), (7) to (11), inclusive,
6and (14) of subdivision (x) of Section 1034 of Title 14 of the
7California Code of Regulations.

end insert
begin insert

8
(B) A certification signed by the registered professional forester
9that a minimum of 35 square feet of basal area per acre of
10California black or Oregon white oak, or both, occupy the
11proposed treatment area at the time the notice is prepared and the
12timber operation is designed to restore and conserve California
13black and Oregon white oak woodlands and associated grasslands.

end insert
begin insert

14
(C) A description of the preharvest stand structure and a
15statement of the postharvest stand stocking levels.

end insert
begin insert

16
(2) No tree larger than 26 inches in diameter at stump height
17shall be harvested for commercial purposes, which includes use
18for saw logs, posts and poles, fuel wood, biomass, or other forest
19products.

end insert
begin insert

20
(3) Only conifers within 300 feet of a California black or Oregon
21white oak that are at minimum four inches in diameter at breast
22height may be harvested.

end insert
begin insert

23
(4) The total area exempted pursuant to this subdivision shall
24not exceed 300 acres per property per five-year period.

end insert
begin insert

25
(5) Conifer shall be reduced to less than 25 percent of the
26combined hardwood and conifer postharvest stand stocking levels.

end insert
begin insert

27
(6) No more than 20 percent of the total basal area of
28preexisting oak stock shall be cut or removed during harvest and
29a minimum of 35 square feet of basal area per acre of California
30black or Oregon white oak, or both, shall be maintained
31postharvest.

end insert
begin insert

32
(7) The registered professional forester submitting the notice,
33upon submission of the notice, shall provide a confidential
34archaeology letter that includes all the information required by
35paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of
36Section 929.1 of Title 14 of the California Code of Regulations,
37and site records if required pursuant to subdivision (g) of that
38section or pursuant to Section 929.5 of Title 14 of the California
39Code of Regulations.

end insert
begin insert

P25   1
(8) All slash created by the timber operations shall be treated
2to achieve a maximum postharvest depth of 18 inches above the
3ground within 24 months of the date of the director receiving the
4notice. Slash shall be configured so as to minimize the risk of fire
5mortality to the remaining oak trees.

end insert
begin insert

6
(9) Timber operations shall comply with the requirements of
7paragraphs (1) to (10), inclusive, of subdivision (b) of Section
81038 of Title 14 of the California Code of Regulations.

end insert
begin insert

9
(10) On or before January 1, 2018, the board shall adopt
10regulations to implement this subdivision.

end insert
begin insert

11
(11) This subdivision shall not apply to the Southern Subdistrict
12of the Coast Forest District, as defined in Section 895.1 of Title
1314 of the California Code of Regulations, or the Southern Forest
14District, as defined in Section 909 of Title 14 of the California
15Code of Regulations.

end insert
begin insert

16
(12) This subdivision shall become inoperative on January 1,
172024.

end insert
18

SEC. 2.  

Section 4589 is added to the Public Resources Code,
19to read:

20

4589.  

(a) On or before December 31, 2017, the department
21and board shall review and submit a report to the Legislature on
22the trends in the use of, compliance with, and effectiveness of the
23exemptions and emergency notice provisions described in Sections
244584 and 4592 of this code and Sections 1038 and 1052 of Title
2514 of the California Code of Regulations. The report shall also
26include recommendations to improve the use of those exemptions
27and emergency notice provisions.

28(b) The Department of Fish and Wildlife, regional water quality
29control boards, and the public shall be provided opportunities to
30participate in the review and the development of the report.

31(c) The report shall be submitted pursuant to Section 9795 of
32the Government Code.

33(d) This section shall remain in effect only until January 1, 2019,
34and as of that date is repealed, unless a later enacted statute, that
35is enacted before January 1, 2019, deletes or extends that date.

36

SEC. 3.  

Section 4621 of the Public Resources Code is amended
37to read:

38

4621.  

(a) A person who owns timberlands that are to be
39devoted to uses other than the growing of timber shall file an
40application for conversion with the board. The board shall, by
P26   1regulation, prescribe the procedures for, and the form and content
2of, the application. An application for a timberland conversion
3permit shall be accompanied by an application fee, payable to the
4department, in an amount determined by the board pursuant to
5subdivision (b).

6(b) The board shall establish, by regulation, a system of
7graduated timberland conversion permit fees to finance the cost
8of administering this article.

9(c) For purposes of this section, “growing of timber” shall
10include restoration and conservation forest management activities,
11which may include the removal of commercial species, if necessary
12to achieve specific forest health and ecological goals, including
13the restoration and conservation of oak woodlands, grasslands,
14wet meadows, and other ecologically important or unique habitats,
15that are not conducted in conjunction with the cutting or removal
16of trees or other forest products during the conversion of
17timberlands for other uses, including, but not limited to, residential
18or commercial developments, production of other agricultural
19crops, recreational developments, ski developments, water
20development projects, and transportation projects.

21begin insert

begin insertSEC. 4.end insert  

end insert
begin insert

Section 1.5 of this bill incorporates amendments to
22Section 4584 of the Public Resources Code proposed by both this
23bill and Assembly Bill 2029. It shall only become operative if (1)
24both bills are enacted and become effective on or before January
251, 2017, (2) each bill amends Section 4584 of the Public Resources
26Code, and (3) this bill is enacted after Assembly Bill 2029, in which
27case Section 1 of this bill shall not become operative.

end insert
28begin insert

begin insertSEC. 5.end insert  

end insert

begin insertSection 2 of this bill shall not become operative if
29Assembly Bill 2029 is enacted and becomes effective on or before
30January 1, 2017, and that bill adds Section 4589 to the Public
31Resources Code.end insert



O

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