California Senate Bill SB455 Introduced / Bill

 BILL NUMBER: SB 455INTRODUCED BILL TEXT INTRODUCED BY Senator Pavley FEBRUARY 16, 2011 An act to amend Section 4604 of, to add Section 4629 to, and to add Article 7.6 (commencing with Section 4595) to Chapter 8 of Part 2 of Division 4 of, the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGEST SB 455, as introduced, Pavley. Forestry: watersheds: timber harvesting plans. (1) The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. A violation of the act is a crime. The bill would authorize a person to file a watershed timber harvest plan (WTHP), as defined, for the purpose of conducting timber operations. The bill would require the WTHP to be prepared by a registered professional forester and filed with the department in writing and would require the forester to certify and provide a report describing the inspection of the WTHP area. By creating a new crime in the act, the bill would impose a state mandated-local program. The bill would require the WTHP to contain certain information, including the name and address of the timber owner and timberland owner. The bill would require the WTHP to include a sustained timber production assessment that includes certain information, including a summary table of wildlife habitat relationships compositions and state structure types. The bill would require the WTHP to also include a watershed assessment and planning segment and a fish and wildlife assessment, as specified. The bill would require the department to provide notice of the filing of the WTHP to a person who requests it, and would require the department to place the WTHP, or a copy, in a file available for public inspection and to post a copy on the department's Internet Web site. The bill would authorize the department to assess an application fee for its appropriate costs in reviewing a WTHP and accompanying environmental impact report. The bill would require a compliance report to be filed every 2 years with the department by every landowner with an approved WTHP. The bill would require the director of the department to determine whether the WTHP conforms with the rules and regulations of the State Board of Forestry and Fire Protection. If the director determines that the WTHP would violate any applicable rule, law, or regulation, the bill would require the director to return the WTHP stating his or her reasons. The bill would provide the person to whom the WTHP is returned has the right to request a public hearing before the board, as provided. The bill would require an approved WTHP and the related environmental impact report to be effective for an unspecified period of years. The bill would authorize the plan submitter to submit a proposed amendment to the approved WTHP, as provided. The bill would require the plan submitter to notify each county recorder in which lands subject to the WTHP are located. The bill would authorize the WTHP landowner to cancel the WTHP by submitting written notice to the department. The bill would require the WTHP landowner to file a notice with the department if he or she plans to conduct timber operations on the land within a given year. The bill would require the director to disapprove a notice of WTHP activities in specified circumstances. The bill would require the landowner, upon completion of WTHP activities, to file a report of satisfactory completion. The bill would require the landowner to file with the department a compliance report within 2 years of the approval date of the WTHP, and for every 2 years thereafter, until all units in the WTHP area have received completion reports. The bill would require the director to report to the Legislature, beginning December 31, 2017, and every 5 years thereafter, on these provisions and any amendments needed to these provisions. (2) The act requires the department to provide an initial inspection of the area in which timber operations are to be conducted within 10 days from the date of filing of the timber harvesting plan or a nonindustrial timber management plan, or a longer period as may be mutually agreed upon by the department and the person submitting the plan. This bill would require the department to also provide an initial inspection of the area in which timber operations are to be conducted within in 10 days from the date of filing of a WTHP. (3) The act 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. This bill would require landowners who convert lands so that the land is no longer used for the commercial production of timber, among other things, to fully mitigate the loss of biological carbon stocks and the loss of future sequestration capacity associated with the conversion. The bill would require the carbon emission mitigation to meet the standards of the California Global Warming Solutions Act of 2006. The bill would require the State Air Resources Board, in consultation with various entities, to adopt regulations to implement these provisions. The bill would require a county where a conversion occurs to ensure that mitigation is implemented and authorizes the county to charge an administrative fee to offset its costs to do so. The bill would also require the county to provide an annual report to various entities that includes a brief description of conversions that occurred, among other things, thereby imposing a state-mandated program. (4) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known as the California Watershed and Forestland Conservation Act of 2011. SEC. 2. The Legislature finds and declares the following: (a) One of the primary threats to maintaining carbon sequestration in the forest sector is loss of forestland to conversion to other uses. Existing state policies call for avoiding or mitigating this loss so as to retain California's current and future carbon sequestration capacity. (b) It is the intent of the Legislature to establish a range of incentives to accommodate a variety of responses to forestland conversion, and to adopt an array of mitigation options for forestland conversions, and not to prohibit future conversions. (c) It is further the intent of the Legislature that the mitigation activities that are undertaken pursuant to Section 4629 of the Public Resources Code may properly provide economic benefits to participating landowners who may undertake the necessary stewardship activities on their lands that will help achieve the carbon objectives of the Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code and the scoping plan prepared pursuant to that act. (d) Forest conversion is a serious threat to California's forestlands and the jobs, resources, and services they provide. Since 1973, California has lost 1.2 million acres of forestland, and continues to convert 18,000 acres of oak woodlands alone every year. (e) California's forestlands provide important environmental and economic benefits including timber production, which was valued at four hundred and seventy-four million dollars ($474,000,000) in 2007, watershed protection, carbon sequestration and storage, biomass for energy production, recreation, and habitat for wildlife. (f) The Legislature finds and declares that it is the policy of the state to encourage prudent and responsible long-term forest management of timberlands to maintain the economic use of those timberlands, minimize the cost of project review for state and local government and associated impacts to the General Fund, provide for an efficient permitting process for the landowner, effective regulatory oversight, and provide for comprehensive environmental impact analysis, mitigation, and protection. (g) It is the intent of the Legislature to establish an optional, voluntary, watershed-scale timber harvest permitting process that coordinates the permitting requirements of the various responsible and trustee agencies involved in the review of watershed-scale timber harvest plans, including but not limited to the Department of Forestry and Fire Protection, the appropriate California regional water quality control board, the Department of Fish and Game, the Department of Conservation, and other public agencies. (h) It is the intent of the Legislature that the timber harvest permitting process established by this act lead to measurable climate benefits in existing biological carbon stocks on the timberlands covered by this permitting process and that long-term sustained yield include analysis of carbon stocks that demonstrates attainment of these objectives. (i) It is the intent of the Legislature that timberland enrolled in the watershed-scale permitting program established by this act shall be maintained as forestland, and not converted to nonforest uses during the effective period of the permit. (j) It is the intent of the Legislature that the environmental impact reports prepared under this permitting authority established by this act will support the issuance of state permits necessary to conduct timber operations and that agencies and departments with regulatory permitting authority for activities necessary to implement timber operations concur with the environmental impact report in writing prior to approval by the department. Responsible and trustee agencies are strongly encouraged to conduct joint field inspections to resolve interagency disagreements because discussions about resource management are often more effective when they occur in the field. (k) It is the intent of the Legislature to encourage forests to be managed for structural and biological diversity, to create more structurally diverse wildlife habitat, to enhance resilience to climate change, to increase carbon sequestration, and to result in the focused protection of public trust resources. (l) It is not the intent of the Legislature to constrain the authority of any responsible or trustee or other public agency with review authority over a watershed timber harvest plan. (m) It is the intent of the Legislature that the state agencies involved in the review of watershed timber harvest plans (WTHP) have the staff and fiscal resources to be fully engaged in the review and approval of the WTHP, its environmental analyses, and the other activities enumerated in this article. (n) It is the intent of the Legislature to recognize that landowners with a genuine interest in conservation should be allowed to participate in mitigation activities, including mitigation banking, that adds economic value to the conservation activities undertaken pursuant to this act and other specified, beneficial environmental actions. SEC. 3. Article 7.6 (commencing with Section 4595) is added to Chapter 8 of Part 2 of Division 4 of the Public Resources Code, to read: Article 7.6. Watershed Timber Harvest Plan 4595. Notwithstanding Section 4521, unless the context requires otherwise, the following definitions govern the construction of this article: (a) "Assessment area" means a portion of the ownership that has similar geological, climatic, and hydrological conditions that support similar management practices. An assessment area may include land not owned or controlled by the plan submitter, as necessary to create a logical assessment unit. The assessment area shall be comprised of planning watersheds. A watershed timber harvest plan (WTHP) may be comprised of one or more assessment areas. (b) "CEQA" means the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (c) "Ownership" means the land owned by the timberland owner or timber owner. (d) "Planning watershed" means a planning watershed as delineated in the California Interagency Watershed Mapping Committee (CalWater) planning watershed maps. (e) "Watershed timber harvest plan" or "WTHP" means a long-term management plan and timber harvesting permit for timberlands with an objective of sustained yield for each parcel or group of parcels meeting the requirements of this article and for which the department has certified an environmental impact report pursuant to CEQA. (f) "Watershed timber harvest plan notice" or "WTHP notice" means a document that provides public notice of timber harvest operations pursuant to an approved WTHP that meets the requirements of this article. 4595.1. (a) Except as modified in this article, the provisions set forth in CEQA and this chapter and regulations adopted by the board shall apply to this article. (b) All timber harvesting activity within the area within an approved WTHP shall occur pursuant to this article. 4595.2. (a) A watershed timber harvesting plan may be filed with the department in writing. A WTHP shall be prepared by a registered professional forester and it shall be a public record. (b) Notwithstanding Section 4581, a person may conduct timber operations pursuant to a WTHP, as authorized pursuant to this article. 4595.3. In addition to information required by CEQA, a WTHP shall include all of the following information: (a) Name and address of the timber owner and timberland owner. (b) Ownership description and location, including legal descriptions and maps depicting the ownership and management units, which shall be at a scale sufficient to allow the director to determine the area covered by the WTHP. (c) Management objectives for resources addressed in the WTHP, including timber products. (d) A general narrative description of the forest types, fish and wildlife habitats, and watercourses and lakes. (e) Descriptions of the assessment area and rationale for assessment area selection. (1) The assessment area shall not exceed 100,000 acres unless designation of a larger area is explained and justified in the WTHP and determined by the director to be consistent with an approved habitat conservation plan or natural community conservation plan. (2) All planning watersheds included in the assessment area shall be hydrologic subparts of that assessment area. (f) Identification and mapping of planning watersheds classified as sensitive watersheds and description of the measures taken to protect resources within those watersheds. 4595.4. (a) Consistent with the protection of soil, water, air, fish, and wildlife resources, a WTHP shall include a sustained timber production assessment that clearly demonstrates how the submitter will achieve maximum sustained production of high-quality timber products while giving consideration to regional economic vitality and employment at planned harvest levels during the planning horizon. (b) If the WTHP is based upon data on file with the director, the data shall be updated no sooner than 10 years and no later than 11 years after approval. Proprietary information shall be treated consistent with Section 21160. (c) The sustained timber production assessment required by subdivision (a) shall include all of the following: (1) A summary table of wildlife habitat relationships (WHR) compositions and stand structure types, or comparable stand structure types within forest vegetation types with their respective acreage. For an ownership's specific stand structure types, the registered professional forester shall provide a written description of the stand structure and characteristics that define each type, and comparisons of those types to WHR typing. The WHR system and its uses as described in "A Guide to the California Wildlife Habitat Relationships System," California Department of Fish and Game, March 1988 is herein incorporated by reference. (2) An estimate of the long-term sustained yield of the lands proposed to be included in the WTHP, which shall be stated in terms of board feet per year or cubic feet per year and include a description of how the estimate was reached. If the ownership has not attained long-term sustained yield, the WTHP shall estimate and justify the transition period necessary to achieve long-term sustained yield. (3) A projection of growth and harvest for each WHR type or comparable stand structure type within forest vegetation type over each 10-year period in the planning horizon for each planning watershed and a description, in narrative form, of the accuracy and methodology used to estimate growth. (4) A demonstration of measurable climate benefits in existing biological carbon stocks on the timberlands during the period covered by the WTHP. (5) A discussion of the accuracy of the inventory data for the management unit. Inventory data, models and growth and harvest projections utilized for harvest scheduling projections shall be available for confidential audits by reviewing agencies along with the basis for this data, including, but not limited to, the cruise design and sample plot data and the statistical validity of those estimates. (6) A description of the silvicultural prescriptions applied to each stand type, along with projected changes in WHR types at five-year intervals that reflects planned silvicultural application and growth of harvested and unharvested stands. (7) On lands controlled by the WTHP landowner, a disclosure of areas intended to be harvested within the period covered by the WTHP permit, and the planned silvicultural method. (d) The landowner shall include maps in the WTHP that show the spatial and temporal information by silvicultural method for areas to be harvested under the plan. 4595.5. A WTHP shall include a fish and wildlife assessment that shall contain all of the following: (a) The area for the fish and wildlife impacts assessment, which shall be the same area as the management unit under the WTHP. Areas outside the ownership shall be included as necessary to assess the potential individual or cumulative effect of timber operations. In areas with multiple ownerships, landowners may cooperate to establish a management unit and develop a fish and wildlife habitat assessment for inclusion in the WTHP, pursuant to regulations adopted by the board. (b) Provisions that address threatened, endangered, and sensitive species and nonlisted fish, and wildlife species to which timber operations could cause significant adverse individual or cumulative impacts. The fish and wildlife assessment shall address, those species' habitat needs and the availability, shapes, and distribution of habitats in relation to harvest schedule and growth projections and the impacts of harvesting on those habitats. The WTHP shall discuss and include all feasible measures planned to avoid or mitigate potentially significant adverse environmental effects on fish and wildlife. (c) Maps by management unit showing changes to wildlife habitat relationship types or stand structure types that are likely to result from projected timber operations. (d) A description and demonstration that the harvest units in the WTHP shall retain and accrue structural elements, including live trees, dead snags, and downed logs. Harvest units within a WTHP shall retain postharvest not less than ____ percent of the preharvest basal area in merchantable live trees native to the site. This retention may be aggregated or dispersed, but the target shall be met on any ____ acre area. 4595.6. A WTHP shall include a watershed assessment and planning segment that shall include all of the following: (a) The minimum assessment area, which shall not be less than a planning watershed. (b) An analysis of potentially significant adverse impacts, including cumulative impacts, of the planned operations and other projects, on ambient water quality, carbon sequestration, fisheries, wildlife, and other environmental values. (c) A description of the individual planning watersheds in sufficient detail to allow a review of the analysis of impacts. (1) For all planning watersheds in the management unit within a forest district descriptions shall include, as appropriate, either or both of the following: (A) General maps and descriptions of unstable areas and unstable soils known to the plan submitter to be actively or potentially discharging sediment, as well as those mapped by public agencies. (B) A description of the rules, regulations, and practices to be used to avoid erosion from timber operations, or increases in water temperature, at a level of detail sufficient for the California regional water quality control board to evaluate whether the WTHP meets the permitting requirements and water quality standards of the relevant Basin Plan and other applicable provisions of the Porter-Cologne Water Quality Act (Division 7 (commencing with Section 13000) of the Water Code). (2) For all planning watersheds in which harvesting will take place, descriptions shall include, as appropriate, either or both of the following: (A) A map of all public roads within the WTHP area, as well as an inventory and plan for management of all the permanent, seasonal, and temporary roads controlled by the landowner. On roads controlled by the landowner, the road inventory shall do all of the following: (i) Identify problem areas that are discharging sediment to waterways or that are threatening to discharge sediment to waterways, or are otherwise causing environmental harm or in need of maintenance. (ii) Prioritize road-repair sites. (iii) Create a time schedule for repair of the road sites. (B) A general description of areas known to be sensitive to ground disturbance and present sources of erosion. (d) A discussion and inclusion of feasible measures planned to mitigate or avoid significant adverse impacts including impacts associated with public roads that may be used for timber hauling, a discussion of any measures necessary to mitigate impacts on the adjacent community. 4595.7. The registered professional forester preparing the WTHP shall certify and provide a report describing his or her, or a designee's, inspection of the WTHP area. 4595.8. The notice of receipt of the proposed WTHP shall be given by the department within two working days following submission of the proposed WTHP. The method of notice shall be by United States Postal Service, or at the discretion of the department, may be sent electronically. The person submitting the WTHP shall provide to the department a list of the names and addresses of persons to whom the notice is to be mailed. 4595.9. (a) The department shall provide notice of the filing of the WTHP to any person who requests, either in writing or through electronic means. Upon receipt of the WTHP, the department shall place it, or a true copy of the WTHP, in a file available for public inspection in a county in which timber operations are proposed under the WTHP. The department shall also post a copy of the notice electronically on the department's Internet Web site. (b) For the purpose of coordinated interdisciplinary and multiagency review, the department shall transmit a written or electronic copy of the WTHP to the Department of Fish and Game, the appropriate California regional water quality control board, the county planning agency, and all other public agencies having jurisdiction by law over natural resources affected by the proposed WTHP. Notwithstanding any other provision of law, the duration of regulatory permits issued by a California regional water quality control board, the Department of Fish and Game, or other state trustee or responsible agency may be adjusted to conform to the initial term of a 10-year WTHP permit as approved. (c) To the extent the department's staffing and resources are required to fully review the WTHP, the accompanying environmental impact report, and notices of operations submitted pursuant to an approved WTHP, as well as the staffing and resources of responsible and trustee departments and local governments, the department, a trustee, a responsible agency, or local government shall, subject to a fee schedule, assess an application fee or a fee for its appropriate costs in reviewing a WTHP and its accompanying environmental impact report. (d) Prior to approval of a WTHP, all state trustee and responsible agencies shall jointly conduct at least one comprehensive field review of the proposed WTHP. (e) The director shall only approve the WTHP and associated environmental impact report upon written concurrence from the trustee and responsible agencies that the operations conducted pursuant to the WTHP will enable compliance with their respective statutory and regulatory obligations. 4595.10. A compliance report shall be filed every two years with the department by every landowner with an approved WTHP, that addresses issues identified by the director as developed in consultation with the responsible and trustee agencies. The report shall include a certification from the registered professional forester that the WTHP is being implemented in compliance with this chapter. 4595.11. In addition to any other field review of the WTHP or its annual operations, the department shall require a mandatory five-year field review, with the full participation of all responsible and trustee agencies. 4595.12. (a) No later than ____ days from the date that the initial inspection pursuant to Section 4604 is complete, or a longer period mutually agreed upon by the director and the plan submitter, the director shall determine whether the WTHP conforms with the rules and regulations of the board, identifies and mitigates potential significant adverse effects, and conforms to the requirements of this chapter. (b) The draft WTHP, upon determination by the department, may become the notice of preparation submitted to the Office of Planning and Research pursuant to CEQA guidelines and the timelines and procedures in CEQA shall be applied thereafter, except where modified in this article. The director shall make a finding whether the responsible and trustee agencies have concurred, in writing, that the WTHP and its accompanying environmental impact report provide sufficient information to address, analyze, evaluate, and mitigate site-specific characteristics through the issuance of annual notices as provided in this chapter. (c) If the director does not act within the time periods provided in subdivision (a), a longer period may be negotiated and mutually agreed upon by the director and the person submitting the WTHP. If a longer period cannot be mutually agreed upon, the WTHP shall be deemed denied and returned to the person submitting the WTHP. 4595.13. (a) If the director determines that the WTHP would violate an applicable rule, law, or regulation, the director shall return the WTHP, stating his or her reasons, and advising the person submitting the WTHP of the person's right to a hearing before the board. (b) A person to whom a WTHP is returned may, within 10 days from the receipt of the WTHP, request a public hearing before the board. The board shall conduct a public hearing with the participation of the appropriate California regional water quality control board, the Department of Fish and Game, and all other reviewing trustees, responsible or other public agencies, to evaluate the WTHP and determine if the WTHP conforms with the rules and regulations of the reviewing trustee, responsible and other public agencies, and this chapter. If a determination is made that the WTHP conforms with the rules and regulations of the reviewing trustee, responsible and other public agencies and this article, the director may forward the WTHP to the Office of Planning and Research as a draft notice of preparation, if the director certifies that the department has received written concurrence from the trustee and responsible agencies that they agree that the plan is lawful. (c) The board shall act no later 30 days after the date of the filing of the appeal, or a longer period mutually agreed upon by the board and the person filing the appeal. (d) If the WTHP is not approved on appeal to the board, the director, within 30 days of board action, may determine that the WTHP conforms with the rules and regulations of the board and this chapter, if the WTHP is subsequently revised to conform with all applicable statutes and regulations. The WTHP and accompanying environmental impact report shall be recirculated pursuant to the provisions of the CEQA guidelines. 4595.14. (a) An approved WTHP and the related environmental impact report shall be effective for a period of ____ years. The disclosure of planned operations pursuant to a WTHP shall encompass a minimum period of 20 years. (b) All state trustee and responsible agencies shall jointly conduct a comprehensive field review of the WTHP at each two-year interval of a WTHP to ensure compliance with this article. (c) The director, in conjunction with the board and the responsible and trustee agencies, shall develop guidelines for the adaptive management and protection of public trust resources designed to facilitate the use of a WTHP that will be consistent with applicable law. (d) It is the intent of the Legislature that the environmental impact report for a WTHP shall be the basis for all required permits from responsible and trustee agencies, as well as the department, and the terms of each of those permits shall be ____ years, notwithstanding any other provision of law. 4595.15. The WTHP plan submitter may submit a proposed amendment to the approved WTHP but shall not take an action that substantially deviates from the approved WTHP until the amendment has been filed, accepted by the director, and circulated in a manner consistent with applicable CEQA guidelines. 4595.16. Upon approval of the WTHP, the plan submitter shall notify each county recorder in which lands subject to the WTHP are located and shall cause to be filed with that county a notice that shall be recorded in sufficient detail for a title search to disclose the existence of the WTHP. If there is a change of ownership of the land described in the WTHP, the WTHP shall expire 90 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 WTHP. The new owner is responsible for completing any mitigation required pursuant to any logging operations that have not been deemed completed by the department, and shall comply with the mitigation or other activities required pursuant to the other permits associated with the WTHP. 4595.17. The WTHP landowner may cancel the WTHP by submitting a written notice to the department. Once timber operations have commenced pursuant to a WTHP notice, cancellation is not effective on land covered by the notice until a report of satisfactory completion and stocking has been issued pursuant to Sections 4585, 4586, and 4587. 4595.18. (a) The WTHP landowner who owns, leases, or otherwise controls or operates on all or any portion of timberland within the boundaries of an approved WTHP, and who plans to harvest the timber thereon during a given year, shall file a WTHP notice with the department. The department shall, within two working days, transmit a written or electronic copy of the notice to agencies and members of the public who participated in the initial review or who have requested notification of the WTHP and shall display the proposed notice on a publicly available Internet Web site. (b) A WTHP notice shall be filed at least 45 days prior to the harvesting of any timber, and shall describe all operations to be conducted under the notice for no less than 12 months or greater than 18 months and may include operations that were planned but not completed in previous notifications. (c) If the person who files the WTHP notice is not the WTHP landowner, the person filing the notice shall notify the forest landowner by certified mail that the notice has been submitted, and shall certify that mailing to the department. It shall also be posted on the department's Internet Web site. (d) This article does not invalidate previously approved timber harvesting plans for lands included in a WTHP. These timber harvesting plans may remain effective at the option of the plan submitter. If the landowner elects to have these existing plans continue, the operational effects of these timber harvesting plans shall be part of the analysis included in the WTHP. 4595.19. A WTHP notice required pursuant to Section 4595.18 shall include all of the information required for a program timberland environmental impact report pursuant to Section 1092.01 of Title 14 of the California Code of Regulations. 4595.20. (a) Within 10 days of the receipt of the WTHP notice required pursuant to Section 4595.18, the director shall contact responsible and trustee agencies for the purpose of determining the need for field inspections. Within 20 days of the receipt of the WTHP notice, or a mutually agreeable longer time, the director shall complete the field review of proposed operations. (b) If a WTHP notice is determined to be inadequate, the applicant may modify and resubmit the notice. If the modifications are minor, as determined by the director, and would achieve compliance with this article, the director may thereafter approve the WTHP notice if there are no objections from responsible or trustee agencies. 4595.21. A WTHP notice may be included, as a tier of an approved environmental impact report for purposes of Section 21093, in accordance with CEQA, and operations may commence within ____ days of that notice, if all the following conditions are satisfied: (a) A period of public comment and review by responsible and trustee agencies is established. (b) The director authorizes a field review of the proposed operations. (c) The director has not received objections from trustee and responsible agencies that the environmental impact report is inadequate to analyze site specific conditions. (d) The registered professional forester certifies that no significant changes have occurred requiring an amendment or supplement to the environmental impact report. (e) The registered professional forester certifies that there will be no take of protected or listed plant or animal species present within the proposed harvest area or that all conditions of an incidental take permit will be fulfilled. (f) The registered professional forester certifies that all operations will be conducted pursuant to this chapter and its implementing regulations or this article. (g) The registered professional forester certifies that all necessary work has been completed preparatory to operations such as identification of watercourse and lake protection zone, roads, stream crossing design, tree marking, unit layout, harvest boundary delineation, and any other requirements established by the director. (h) The licensed timber operator has been provided operational guidance in a format that is acceptable to the director and that is included as part of the WTHP notice of operations. 4595.22. When a responsible or trustee agency objects to a WTHP notice, the objection shall be resolved within ____ days, and operations shall not commence until the objection is resolved. 4595.23. The director shall establish guidelines to resolve circumstances in which trustee and responsible agencies offer a fair argument to the director that modifications should be made to the WTHP and environmental impact report to respond to conditions that were not analyzed, mitigated, or reasonably anticipated. The director shall require modifications if the presence of threatened, endangered, or candidate species was not previously evaluated. The director may institute an adaptive management program based on issues raised by the trustee or responsible agencies when it is reasonably certain the proposed mitigation for specific activities will be inadequate over the term of the WTHP. On a site-specific basis, the director may also require additional mitigation or alternative practices. Timber operations shall not commence until the director finds, after an opportunity for public comment, that any issue specified in this section has been resolved. 4595.24. The director shall not approve a WTHP notice if the notice proposes operations or activities in any of the following circumstances or conditions: (a) Boundaries of the area to be harvested are not clearly delineated in the WTHP notice. (b) Operations that propose alternative means of compliance with applicable permits from a trustee or responsible agency that were not approved by the appropriate regulatory agency. (c) Activities that were not analyzed or evaluated in the WTHP notice or environmental impact report. (d) Public acquisition of the parcel for purposes that would be impaired by timber harvesting, is legislatively authorized, funded, and imminent. (e) There is evidence that the information contained in the WTHP notice is incorrect, incomplete, or misleading in a material way, or is insufficient to evaluate significant environmental effects. The sufficiency of the information provided in a WTHP notice to evaluate significant environmental effects shall be judged in light of what is reasonable and necessary. 4595.25. Upon the completion of activities pursuant to the WTHP notice, the landowner shall file a report of satisfactory completion that includes, but is not limited to, stocking, pursuant to Sections 4585, 4586, and 4587. The completion report shall indicate which areas of the notice have been operated. 4595.26. (a) The WTHP landowner shall file with the department a compliance report within two years of the approval date of the WTHP, and for every two years thereafter, until all units in the WTHP have received completion reports from the department. The report shall address the findings of any inspection conducted under Section 4604 or 4595.20 since the date of the last compliance report. The report shall include a certification by the registered professional forester that the WTHP has been carried out in compliance with the provisions of the WTHP and applicable law. (b) The registered professional forester who prepares the WTHP, notice, or report, or any other registered professional forester who is employed by the WTHP landowner or operator, shall report to the owner or operator and the department if there are deviations from the WTHP that could reasonably be concluded to threaten the attainment of the resource conservation standards of the WTHP. 4595.27. If the board finds that a registered professional forester has made a material misstatement in a WTHP, notice, or report under this article, the board shall take disciplinary action against him or her as provided under Section 775. 4595.28. (a) A WTHP shall be suspended by the department if any of the following conditions apply: (1) It is determined by the department that the goals or provisions of the WTHP are not being met. (2) The WTHP landowner fails to file a compliance report, certified by a registered professional forester, as required under Section 4595.10. (3) Persistent violations of the WTHP are detected. (4) Timber operations are causing violations of permits issued by the department, the Department of Fish and Game, the California regional water quality control board, or any other trustee, responsible, or other reviewing public agency. (5) The landowner files an application for a timberland conversion permit pursuant to Article 9 (commencing with 4621), for lands within the boundaries of an approved WTHP or a party proposes to remove lands from within the boundaries of an approved WTHP from a timberland production zone pursuant to the Timberland Productivity Act (Article 1 ( commencing with Section 51100) of Chapter 6.7 of Part 1 of Division 1 of Title 5 of the Government Code.) (b) A WTHP suspended under subdivision (a) shall remain suspended until the director finds the WTHP is in compliance with the approved WTHP and other applicable law. If, based on substantial evidence, the director determines the noncompliance to be severe, he or she may cancel or revoke the WTHP. (c) Upon the suspension of a WTHP, no additional timber operations shall occur pursuant to the current WTHP notice, and no additional notices shall be accepted by the department until appropriate corrections are completed. (d) Upon suspension or cancellation of the WTHP, tree removal operations on an active WTHP notice are prohibited. Once operations on the WTHP notice have ceased, all required erosion control and the application of site-specific mitigation described in the WTHP to avoid adverse environmental impact or road maintenance shall be completed. (e) During a period of WTHP suspension or cancellation, a landowner may submit timber harvesting plans to the department for approval under Section 4581, and may operate pursuant to those plans while the conditions described in this section are under consideration by the director. However, if the impacts of those harvest plans are more significant than the operations evaluated in the WTHP, the WTHP shall be considered permanently canceled. (f) A person to whom a WTHP is suspended or canceled under this section may, within 10 days from the date of receipt of the director' s action on the WTHP, request a public hearing before the board. 4595.29. In addition to an inspection provided for under Section 4604, the department shall provide a compliance inspection of the area in which timber operations are being or are to be conducted within one year of the approval date of the WTHP, and every year thereafter, during the effective period of the WTHP, for compliance with this chapter and the rules and regulations of the board. This section does not limit the authority of an agency to inspect pursuant to any other law. 4595.30. (a) Notwithstanding Section 10231.5 of the Government Code, on or before December 31, 2017, and every five years thereafter, the director shall inform the Legislature of his or her evaluation of this article including the identification of any recommended amendments. (b) A report submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. SEC. 4. Section 4604 of the Public Resources Code is amended to read: 4604. (a) The department shall provide an initial inspection of the area in which timber operations are to be conducted within 10 days from the date of filing of the timber harvesting plan  , watershed timber harvest plan (WTHP),  or nonindustrial timber management plan, or a longer period as may be mutually agreed upon by the department and the person submitting the plan, except that the inspection need not be made pursuant to the filing of a timber harvesting plan if the department determines that the inspection would not add substantive information that is necessary to enforce this chapter. The department shall provide for inspections, as needed, as follows: (1) During the period of commencement of timber operations. (2) When timber operations are well under way. (3) Following completion of timber operations. (4) At any other times as determined to be necessary to enforce this chapter. (b) (1) The Department of Fish and Game, the California regional water quality control boards, or the State Water Resources Control Board, if accompanied by Department of Forestry and Fire Protection personnel and after 24-hour advance notification is given to the landowner, may enter and inspect land during normal business hours at any time after commencement of timber harvest plan activities on the land and before the director issues a report of satisfactory completion of stocking pursuant to Section 4588 or at any time before the end of the first winter period following the filing of a work completion report pursuant to Section 4585, whichever is later.  Any   A  member of the inspection party may utilize whatever measurement and evaluation devices, including, but not limited to, photographic equipment and temperature measurement devices, that are determined to be necessary, when participating in an inspection of an area pursuant to subdivision (a) or after commencement of timber harvesting plan activities pursuant to this subdivision. (2) Photographs taken during inspections shall be clearly labeled as to time, date, and location and shall be the property of the department and part of the inspection record. The inspection record shall be subject to all provisions of the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (3) This subdivision  is not a limitation upon   does not limit  the authority of  any   an  agency to inspect pursuant to any other  provision of  law.  (c) This section shall become operative on January 1, 1991, or on the effective date of the rules and regulations adopted by the State Board of Forestry and Fire Protection pursuant to Senate Bill 1566, whichever date occurs first.  SEC. 5. Section 4629 is added to the Public Resources Code, to read: 4629. (a) Landowners who convert lands, as described in subdivision (h), shall fully mitigate the loss of biological carbon stocks and the loss of future sequestration capacity associated with the conversion. (b) Estimates of the greenhouse gas emissions to be mitigated shall be calculated for the converted area based on all of the following: (1) The difference in biological carbon stocks before and after the conversion. (2) The total future sequestration potential of the converted area. (3) Any depletion of carbon stocks in the 10 years prior to the conversion. (c) (1) All carbon emissions mitigation shall meet the standards of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and shall be administered in California on forestland in any of the following ways: (A) Through a qualified, state-approved third party. (B) Through a public agency program, including a county program. (C) By a project applicant on land owned by the applicant. (2) To the extent feasible, mitigation shall occur on lands of similar forest type and quality and in close geographic proximity to the conversion. (3) To the extent feasible, mitigation activities shall maintain and support native species, habitats, and environmental cobenefits. (d) Mitigation for a conversion that is implemented pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) or another statute may contribute or fulfill the requirements of this section provided all the requirements of this section are met. (e) A county in which a conversion occurs shall ensure that mitigation pursuant to this article is implemented. It may do so in conjunction with other actions necessary to approve the conversion. It may charge an administrative fee to offset its costs. (f) The State Air Resources Board, in consultation with the Natural Resources Agency and any counties with an interest in participating, shall adopt regulations to implement this article. The regulations shall provide, but are not limited to, all of the following: (1) Methodologies to fully mitigate the carbon emissions of the conversion that are consistent with the California Global Warming Solution Act of 2006 (Division 25.5 (commencing with Section 38500)). The methodologies shall ensure that the mitigation of carbon emissions from the conversion occur within a comparable temporal scale as the emissions and foregone sequestration from the conversion. (2) Provisions for monitoring and enforcement of the mitigation activities by the state, county, or a qualified third party, and establishing criteria for the use, when appropriate, of deed restrictions, covenants, or other instruments that will ensure that the mitigation is fully consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500)). (3) Provisions to authorize the State Air Resources Board to temporarily or permanently administer this article in a county in which the State Air Resources Board finds, after a public hearing, that a county has failed to implement this article. (g) A county in which a conversion occurs shall provide an annual report to the State Air Resources Board and the Department of Forestry and Fire Protection that includes a brief description of conversions that occurred and mitigation that was required and its ongoing monitoring pursuant to this division. (h) For purposes of this section, "conversion" or "convert" means either of the following: (1) Those changes in the use of timberland, as defined in Section 4526, such that the land is no longer used for the commercial production of timber. (2) Those changes in the use of forestland, as described in subdivision (c) of Section 12251, such that the biological carbon stocks or sequestration capacity on those lands are diminished. SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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. However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.