BILL NUMBER: AB 2170 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 14, 2012
AMENDED IN ASSEMBLY MAY 2, 2012
AMENDED IN ASSEMBLY MARCH 29, 2012
INTRODUCED BY Assembly Members Chesbro and Dickinson
FEBRUARY 23, 2012
An act to amend Section 4593.8 of, and to add Section
4594.8 to, add Article 7.7 (commencing with Section
4597) to Chapter 8 of Part 2 of Division 4 of the Public
Resources Code, relating to forest resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 2170, as amended, Chesbro. Forest resources:
nonindustrial timber management plans. Forestry:
working forest management plan.
(1) The Z'berg-Nejedely Forest Practice Act of 1973 prohibits a
person from conducting timber operations on timberland unless a
timber harvesting plan has been prepared by a registered professional
forester and has been submitted to the Department of Forestry and
Fire Protection and approved by the Director of Forestry and Fire
Protection or the State Board of Forestry and Fire Protection. A
violation of the act is a crime.
This bill would authorize a working forest tree farmer, as
defined, to file a working forest management plan prepared by a
registered professional forester with the department and would
require the director to review the submitted plan to determine if it
is in compliance with the act, and rules and regulations of the
board, and to return the plan if the director determines that it is
not in compliance. The bill would require an amendment that is a
substantial deviation from the approved plan to be approved by the
director or the board. The bill would require a working forest tree
farmer to file a working forest harvest notice in any year in which
there are plans to harvest timber on timberland covered by the
working forest management plan. If it is determined that certain
objectives are not being met or that there are persistent violations
of an approved plan's requirements, the bill would require that the
previously approved working forest management plan be canceled by the
department and that any further timber operations under the plan be
terminated. The bill would require the board, no later than December
31, 2015, to adopt regulations to implement these provisions. Because
a violation of these provisions is a crime, this bill would imposed
a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Existing law authorizes a person who intends to become a
nonindustrial tree farmer to file with the Department of Forestry and
Fire Protection a nonindustrial timber management plan, in
accordance with specified requirements. Existing law authorizes the
nonindustrial tree farmer to submit a proposed amendment to an
approved nonindustrial timber management plan, but prohibits the
nonindustrial tree farmer from taking any action that substantially
deviates, as defined, from the approved plan until the amendment is
filed with the Director of Forestry and Fire Protection and the
director has determined that the amendment is in compliance with
specified rules, regulations, and statutes in effect at the time the
nonindustrial timber management plan was approved, in accordance with
specified procedures.
This bill would require the State Board of Forestry and Fire
Protection to adopt regulations, no later than January 1, 2014, to
provide for an appeal procedure in the event the department cancels a
previously approved nonindustrial timber management plan.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 7.7 (commencing with Section
4597) is added to Chapter 8 of Part 2 of Division 4 of the
Public Resources Code , to read:
Article 7.7. Working Forest Management Plan
4597. The Legislature finds and declares all of the following:
(a) The nonindustrial timber management plan established pursuant
to Article 7.5 (commencing with Section 4593) has been successful in
meeting the intent of this chapter by encouraging prudent and
responsible forest management and discouraging accelerated timberland
conversion by private nonindustrial forest landowners.
(b) There have been 693 nonindustrial timber management plans
found to be in conformance by the department covering a combined area
of 283,000 acres.
(c) It is the policy of the state to build upon the model provided
by the nonindustrial timber management plan by encouraging long-term
planning, increased productivity of timberland, and the conservation
of open space on a greater number of nonindustrial working forest
ownerships and acreages.
(d) It is the policy of the state to encourage prudent and
responsible forest resource management of nonindustrial timberlands
by approving working forest management plans in advance and
withdrawing governmental discretion to disapprove working forest
timber harvest notices submitted pursuant to the approved working
forest management plans.
(e) To ensure long-term benefits such as added levels of
atmospheric carbon sequestration, local and regional employment and
economic activity, sustainable production of timber and other forest
products, and aesthetics and the maintenance of ecosystem processes
and services, the working forest management plan shall comply with
rigorous timber inventory standards that are subject to periodic
review and verification.
4597.1. Notwithstanding Section 4521, unless the context
otherwise requires, the following definitions govern construction of
this article:
(a) "Long-term sustained yield" means the average annual growth
sustainable by the inventory predicted at the end of a 100-year
planning horizon, or a shorter planning horizon if the forest
encompassed by the working forest management plan has reached a
balanced state.
(b) "Major stand type" means a stand that occupies an area equal
to or greater than 25 percent of a working forest management plan.
(c) "Planning unit" means a geographically identifiable polygon
delineated for silviculture or management purposes that is integrated
into developing a harvest schedule for the planning horizon. A
planning unit may be as large as a stand or smaller when necessary to
address specific resource sensitivities or to schedule future
harvest activity across the planning horizon for sustained yield.
(d) "Stand" means a geographically identifiable group of trees
sufficiently uniform in age-class distribution, composition, and
structure, and growing on a site of sufficiently uniform quality, to
be a distinguishable unit.
(e) "Stand type"means a class of stand defined for silvicultural
or management purposes, usually according to composition, structure,
and age.
(f) "Sustained yield" means the yield of commercial wood that an
area of commercial timberland can produce continuously at a given
intensity of management consistent with required environmental
protection and that is professionally planned to achieve over time a
balance between growth and removal. Sustained yield management
implies continuous production planned so as to achieve, at the
earliest practical time, a balance between growth and harvest.
(g) "Uneven aged management" means the management of a specific
forest, with the goal of establishing a well-stocked stand of various
age classes, and that permits the periodic harvest of individual or
small groups of trees to realize the yield and continually establish
a new crop.
(h) "Working forest harvest notice" means notice of timber harvest
operations pursuant to an approved working forest management plan
and that meets the requirements of Section 4597.15.
(i) "Working forest management plan" means a management plan for
working forest timberlands with an objective of an uneven aged
managed timber stand and sustained yield for each parcel or group of
contiguous parcels and that meets the requirements of Section 4597.2.
(j) "Working forest timberlands" means timberland owned by a
working forest tree farmer.
(k) "Working forest tree farmer" means an owner of timberland with
less than 15,000 acres who has an approved working forest management
plan and is not primarily engaged in the manufacture of forest
products.
4597.2. A working forest management plan may be filed with the
department, in writing, by a person who intends to become a working
forest tree farmer with the long-term objective of an uneven aged
timber stand and sustained yield through the implementation of a
working forest management plan. The management plan shall be prepared
by a registered professional forester. It shall be a public record
and shall include all of the following information:
(a) The name and address of the timberland owner.
(b) A description of the land on which the plan is proposed to be
implemented, including a United States Geological Survey quadrangle
map or equivalent indicating the location of all streams, the
location of all proposed and existing logging truck roads, and
indicating boundaries of all site I classification timberlands to be
stocked in accordance with subdivision (b) of Section 4561 and any
other site classifications if the board establishes specific minimum
stocking standards for other site classifications.
(c) A description of the silviculture methods to be applied and
the type of yarding equipment to be used.
(d) An outline of the methods to be used to avoid excessive
accelerated erosion from timber operations to be conducted within the
proximity of a stream.
(e) Special provisions, if any, to protect any unique area within
the boundaries of the proposed working forest management plan.
(f) A description of the existing stand, its current projected
growth, how long-term sustained yield will be achieved, alterations
required to achieve the management objectives, the projected timber
volumes and tree sizes to be available for harvest, and projected
frequencies of harvest.
(g) A certification by the registered professional forester
preparing the plan that he or she or a designee has personally
inspected the plan area.
(h) Any other information the board provides by regulation to meet
its rules and the standards of this chapter.
(i) A delineation of stand types and planning units. In order to
develop an adequate estimate of current growth and potential
long-term growth based on the sustained yield policy, major stand
types shall have an inventory precision as measured by the standard
error that is no greater than 15 percent of their respective
inventory estimate. For other stand types that individually represent
10 percent or more of the working forest management plan, the
inventory precision as measured by the standard error shall be no
greater than 25 percent of their respective inventory estimate.
4597.3. The board shall adopt regulations regarding the notice of
receipt of the proposed working forest management plan. The notice
shall be given within two working days following submission of the
proposed management plan and shall be consistent with Horn v. County
of Ventura, 24 Cal. 3d 605, and all applicable laws. In adopting the
regulations, the board shall take account of the extent of the
administrative burden involved in giving the notice. The method of
notice shall include, but not be limited to, mailed notice. The
regulations may require the person submitting the working forest
management plan to provide to the department a list of the names and
addresses of persons to whom the notice is to be mailed.
4597.4. The department shall provide notice of the filing of
working forest management plans to any person who requests, in
writing, that notification.
4597.5. Upon receipt of the working forest management plan, the
department shall place it, or a true copy thereof, in a file
available for public inspection in the county in which timber
operations are proposed under the plan, and, for the purpose of
interdisciplinary review, shall transmit a copy to the Department of
Fish and Game, the appropriate California regional water quality
control board, the county planning agency, and all other agencies
having jurisdiction by law over natural resources affected by the
plan. The department shall invite, consider, and respond in writing
to comments received from public agencies to which the plan has been
transmitted and shall consult with those agencies at their request.
4597.6. (a) The director has 45 days from the date the initial
inspection is completed as provided in Section 4604, or a longer
period mutually agreed upon by the director and the person submitting
the working forest management plan, to review the plan to determine
if the plan is in conformance with the rules and regulations of the
board and this chapter. If the director determines that the plan is
not in conformance with the rules and regulations of the board or
this chapter, the director shall return the plan, stating his or her
reasons and advising the person submitting the plan of the person's
right to a hearing before the board.
(b) If the director does not act within the time periods provided
in subdivision (a), a longer period shall be negotiated and mutually
agreed upon by the director and the person submitting the working
forest management plan. If a longer period cannot be mutually agreed
upon, the working forest management plan shall be deemed denied and
returned to the person submitting the plan.
(c) A person to whom a plan is returned may, within 10 days from
the receipt of the plan, request the board for a public hearing
before the board. The board shall schedule a public hearing to review
the plan to determine if the plan is in conformance with the rules
and regulations of the board and this chapter. Board action shall
take place within 30 days from the filing of the appeal, or a longer
period mutually agreed upon by the board and the person filing the
appeal. If the plan is not approved on appeal to the board, the
director, within 10 days of board action, may determine that the plan
is in conformance if the plan is revised to bring it into full
conformance with the rules and regulations of the board and this
chapter.
4597.7. The working forest tree farmer may submit a proposed
amendment to the approved plan and may not take any action that
substantially deviates, as defined by the board, from the approved
plan until the amendment has been filed with the director and the
director has determined that the amendment is in compliance with the
rules and regulations of the board and the provisions of this chapter
that were in effect at the time the working forest management plan
was approved, in accordance with the same procedures specified in
Section 4597.6.
4597.8. The working forest tree farmer may take actions that do
not substantially deviate from the approved plan without the
submittal of an amendment, but those actions shall be subsequently
reported to the department. The board shall specify, by regulation,
those nonsubstantial deviations that may be taken. The board shall
specify the requirements for reporting those deviations.
4597.9. In the event of a change of ownership of the land
described in the working forest management plan, the plan shall
expire 180 days from the date of change of ownership unless the new
timberland owner notifies the department in writing of the change of
ownership and his or her assumption of the plan.
4597.10. The working forest tree farmer may cancel the working
forest management plan by submitting a written notice to the
department. Once timber operations have commenced pursuant to a
working forest harvest notice, cancellation is not effective on land
covered by the notice until a report of satisfactory completion has
been issued pursuant to Sections 4585, 4586, and 4587.
4597.11. The board, by regulation, shall, no later than December
31, 2015, provide for the department to undertake a periodic review
of the timber inventory data for each approved working forest
management plan, in order to verify compliance with this article.
This review shall be conducted no less than 10 years after the
working forest management plan was first approved, and no less than
every 15 years thereafter.
4597.12. The board, by regulation, shall, no later than December
31, 2015, provide for the department to lead a working forest
management plan field monitoring team that will undertake a periodic
review of every working forest management plan that is in excess of
5,000 acres. The team will be comprised, at minimum, of a
representative of the department, the Department of Fish and Game,
and the appropriate California regional water quality control board.
The team purpose will be to conduct a qualitative assessment of the
plan to determine its compliance with this chapter and article, the
current rules of the board, water quality standards, and all
applicable protection measures for fish and wildlife species listed
under the California Endangered Species Act (Chapter 1.5 (commencing
with Section 1050) of Division 3 of the Fish and Game Code). This
review shall be conducted no less than 10 years after the plan was
first approved, and no less than every 15 years thereafter.
4597.15. The working forest tree farmer who owns, leases, or
otherwise controls or operates on all or any portion of any
timberland within the boundaries of an approved working forest
management plan, and who plans to harvest any of the timber on that
timberland during a given year, shall file a working forest harvest
notice with the department in writing. The notice shall be filed
prior to the harvesting of any timber and shall be effective for a
maximum of one year from the date of filing. If the person who files
the notice is not the owner of the timberland, the person filing the
notice shall notify the timberland owner by certified mail that the
notice has been submitted and shall certify that mailing to the
department. The notice shall be a public record and shall include all
of the following information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator.
(c) The name and address of the registered professional forester
preparing the working forest harvest notice.
(d) A description of the land on which the work is proposed to be
done.
(e) A statement that no archeological sites have been discovered
in the harvest area since the approval of the working forest
management plan.
(f) A statement that no rare, threatened, or endangered plant or
animal species has been discovered in the harvest area since the
approval of the working forest management plan.
(g) A statement that there have been no physical environmental
changes in the harvest area that are so significant as to require any
amendment of the working forest management plan.
(h) A certification by the registered professional forester that
the notice as carried out will implement best management practices
for protection of the beneficial uses of water, soil stability,
forest productivity, and wildlife as required by the current rules of
the board, or a certification that practices consistent with the
original plan will not result in any significant degradation to the
beneficial uses of water, soil stability, forest productivity, or
wildlife.
(i) Special provisions, if any, to protect any unique area within
the area of timber operations.
(j) The expected dates of commencement and completion of timber
operations during the year.
(k) A statement that the harvesting notice conforms to the
provisions of the approved management plan.
(l) Any other information the board requires by regulation to meet
its rules and the standards of this chapter.
4597.16. The registered professional forester who prepares the
working forest management plan or prepares the notice, or any other
registered professional forester who is employed by the owner or
operator, shall report to the owner or operator if there are
deviations from the plan that, in his or her judgment, threaten the
attainment of the resource conservation standards of the plan.
4597.17. If the board finds that a registered professional
forester has made any material misstatement in a working forest
harvest notice, working forest management plan, or report under this
chapter, the board shall take disciplinary action against him or her
as provided under Section 775.
4597.18. Notwithstanding any other provisions of this chapter, if
a registered professional forester certifies by written declaration,
on behalf of the timber owner or operator, that the working forest
harvest notice conforms to, and meets the requirements of, the
approved working forest management plan under which it is filed,
timber operations may commence immediately unless the notice has been
filed by mailing, in which case operations may commence three days
after the notice has been mailed.
4597.19. If it is determined that the objectives of uneven aged
management and sustained yield are not being met by a working forest
tree farmer, or there are other persistent violations detected that
are not being corrected, a previously approved working forest
management plan shall be canceled by the department and any further
timber operations under the plan shall be terminated. In making a
determination to cancel a plan, the department may cite the findings
of a review conducted pursuant to Section 4597.11 or 4597.12.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.
SECTION 1. The Legislature finds and declares
that there have been 693 nonindustrial timber management plans found
to be in conformance with state law by the Department of Forestry and
Fire Protection, covering a combined area of 283,000 acres.
SEC. 2. Section 4593.8 of the Public Resources
Code is amended to read:
4593.8. The nonindustrial tree farmer may submit a proposed
amendment to the approved plan and may not take any action that
substantially deviates, as defined by the board, from the approved
plan until the amendment has been filed with the director and the
director has determined that the amendment is in compliance with the
rules and regulations of the board and the provisions of this chapter
that were in effect at the time the nonindustrial timber management
plan was approved, in accordance with the same procedures specified
in Section 4593.7.
SEC. 3. Section 4594.8 is added to the Public
Resources Code, to read:
4594.8. The board shall adopt regulations, no later than January
1, 2014, to provide for an appeal procedure in the event that the
department cancels a previously approved nonindustrial timber
management plan.