Amended IN Assembly April 16, 2018 Amended IN Assembly March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2889Introduced by Assembly Member CaballeroFebruary 16, 2018 An act to add Section 4592.5 to the Public Resources Code, relating to forestry and fire protection.LEGISLATIVE COUNSEL'S DIGESTAB 2889, as amended, Caballero. Timber harvesting plans: Timber Harvesters Bill of Rights. guidance and assistance.Existing law prohibits a person, as defined, from conducting timber operations, as defined, unless a timber harvesting plan that meets specified requirements and is prepared by a professional forester for those operations has been submitted to the Department of Forestry and Fire Protection. Existing law requires the department to review, approve, or require the modification of, timber harvesting plans in accordance with prescribed procedures.This bill would require the department to implement a Timber Harvesters Bill of Rights, to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.This bill would require the department to provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) It is the intent of the Legislature to establish timber harvesting plan submitter assistance consistent with, and in furtherance of, the goals in Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code, which includes the promotion of sustainable forest practices, the assurance of consistent funding for timber harvest review, the promotion of transparency of regulatory costs and programs, and the identification and implementation of efficiencies of the regulation of timber harvesting between state agencies.(b) In the 2017 Assembly Bill 1492 Annual Report to the Joint Legislative Budget Committee on the Timber Regulation and Forest Restoration Program report, required pursuant to Section 4629.9 of the Public Resources Code, it was noted that timber harvesting plan review time averaged 127 days, increasing from 107 days from the previous year even though staffing increased from 191.1 staffers to 211.9 and the total number of timber harvesting plans submitted decreased by 6 and the total number of acres treated was reduced by over 20,000 acres. Even after timber harvesting plan approval, plan submitters must then seek additional permits which extends the review time well past 127 days.(c) The goal of this act is to assist timber harvesting plan submitters, reduce errors in the submission of timber harvesting plans, and reduce the overall review time. The addition of an electronic plan submission program will hopefully significantly reduce the return rate of timber harvesting plans.SEC. 2. Section 4592.5 is added to the Public Resources Code, to read:4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.SECTION 1.Section 4592.5 is added to the Public Resources Code, to read:4592.5.(a)This section shall be known as the Timber Harvesters Bill of Rights.(b)The department shall implement a Timber Harvesters Bill of Rights to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The bill of rights shall comply with all of the following requirements:(1)A person submitting a timber harvesting plan to the department shall have the right to assistance provided by the department and the board regarding the regulatory and permitting requirements applicable to timber harvest plans. The board shall make an ombudsperson available to work with and assist persons intending to file a plan at each location where the department accepts those plans for filing, review, and approval.(2)A person submitting a timber harvesting plan shall have the right to access all clearly written guidance documents prepared by the department that explain the regulatory process. In this connection, the department shall publish a list of all information required in a plan, using the rules of the board and an explanation of the criteria used to determine whether the information contained in a plan is adequate.(3)A person submitting a timber harvesting plan shall have the right to a timely determination under Section 4582.7 and any relevant administrative regulations. The department shall promptly notify a person submitting such a plan regarding whether it is accurate, complete, and in proper order.(4)The department shall provide information to explain the meaning of the terms accurate, complete, and in proper order when used in connection with any determination regarding the completeness or sufficiency of a timber harvesting plan.(5)A person submitting a timber harvesting plan shall have the right to know the basis for any determination that a plan is deficient and to understand what further information is needed to make a plan complete. After a plan is accepted as complete, the department and any other public agency that participates in the review of a plan shall not request any new or additional information that was not specified prior to the filing of an accepted plan.(6)A person submitting a timber harvesting plan shall have the right to a timely decision on the approval of the plan, and the department shall comply with any time periods set forth for the review and approval of any plan as prescribed in statute or any relevant administrative regulations.(7)If a timber harvesting plan is returned to a person without a determination that it is accurate, complete, and in proper order, the director shall provide the ombudsperson and the person submitting the plan with information about what is needed to make the plan complete, and the ombudsperson shall assist the person in completing the plan.(8)The department shall provide a person submitting a timber harvesting plan with information on the designated lead agency that the person shall work with to comply with any plan requirements prescribed in this division or any relevant administrative regulations.(9)A person submitting a timber harvesting plan shall have the right to know who will be reviewing the plan and to be provided with information on the estimated time for completion of the full plan review process.(c)For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, modified timber harvesting plans, nonindustrial timber harvesting plans, timber harvesting plan exemptions for the harvesting or removal of Christmas trees, dead, dying, or diseased trees, fuelwood, or split products, fire hazard trees within 150 feet of a residence, or substantially damaged timberland, any public agency exemptions, private and public utility exemptions, timberland conversion permits, and notices of emergency timber operations.
Amended IN Assembly April 16, 2018 Amended IN Assembly March 19, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2889Introduced by Assembly Member CaballeroFebruary 16, 2018 An act to add Section 4592.5 to the Public Resources Code, relating to forestry and fire protection.LEGISLATIVE COUNSEL'S DIGESTAB 2889, as amended, Caballero. Timber harvesting plans: Timber Harvesters Bill of Rights. guidance and assistance.Existing law prohibits a person, as defined, from conducting timber operations, as defined, unless a timber harvesting plan that meets specified requirements and is prepared by a professional forester for those operations has been submitted to the Department of Forestry and Fire Protection. Existing law requires the department to review, approve, or require the modification of, timber harvesting plans in accordance with prescribed procedures.This bill would require the department to implement a Timber Harvesters Bill of Rights, to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.This bill would require the department to provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly April 16, 2018 Amended IN Assembly March 19, 2018
Amended IN Assembly April 16, 2018
Amended IN Assembly March 19, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2889
Introduced by Assembly Member CaballeroFebruary 16, 2018
Introduced by Assembly Member Caballero
February 16, 2018
An act to add Section 4592.5 to the Public Resources Code, relating to forestry and fire protection.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2889, as amended, Caballero. Timber harvesting plans: Timber Harvesters Bill of Rights. guidance and assistance.
Existing law prohibits a person, as defined, from conducting timber operations, as defined, unless a timber harvesting plan that meets specified requirements and is prepared by a professional forester for those operations has been submitted to the Department of Forestry and Fire Protection. Existing law requires the department to review, approve, or require the modification of, timber harvesting plans in accordance with prescribed procedures.This bill would require the department to implement a Timber Harvesters Bill of Rights, to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.This bill would require the department to provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.
Existing law prohibits a person, as defined, from conducting timber operations, as defined, unless a timber harvesting plan that meets specified requirements and is prepared by a professional forester for those operations has been submitted to the Department of Forestry and Fire Protection. Existing law requires the department to review, approve, or require the modification of, timber harvesting plans in accordance with prescribed procedures.
This bill would require the department to implement a Timber Harvesters Bill of Rights, to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.
This bill would require the department to provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans, as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. The Legislature finds and declares all of the following:(a) It is the intent of the Legislature to establish timber harvesting plan submitter assistance consistent with, and in furtherance of, the goals in Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code, which includes the promotion of sustainable forest practices, the assurance of consistent funding for timber harvest review, the promotion of transparency of regulatory costs and programs, and the identification and implementation of efficiencies of the regulation of timber harvesting between state agencies.(b) In the 2017 Assembly Bill 1492 Annual Report to the Joint Legislative Budget Committee on the Timber Regulation and Forest Restoration Program report, required pursuant to Section 4629.9 of the Public Resources Code, it was noted that timber harvesting plan review time averaged 127 days, increasing from 107 days from the previous year even though staffing increased from 191.1 staffers to 211.9 and the total number of timber harvesting plans submitted decreased by 6 and the total number of acres treated was reduced by over 20,000 acres. Even after timber harvesting plan approval, plan submitters must then seek additional permits which extends the review time well past 127 days.(c) The goal of this act is to assist timber harvesting plan submitters, reduce errors in the submission of timber harvesting plans, and reduce the overall review time. The addition of an electronic plan submission program will hopefully significantly reduce the return rate of timber harvesting plans.SEC. 2. Section 4592.5 is added to the Public Resources Code, to read:4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.SECTION 1.Section 4592.5 is added to the Public Resources Code, to read:4592.5.(a)This section shall be known as the Timber Harvesters Bill of Rights.(b)The department shall implement a Timber Harvesters Bill of Rights to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The bill of rights shall comply with all of the following requirements:(1)A person submitting a timber harvesting plan to the department shall have the right to assistance provided by the department and the board regarding the regulatory and permitting requirements applicable to timber harvest plans. The board shall make an ombudsperson available to work with and assist persons intending to file a plan at each location where the department accepts those plans for filing, review, and approval.(2)A person submitting a timber harvesting plan shall have the right to access all clearly written guidance documents prepared by the department that explain the regulatory process. In this connection, the department shall publish a list of all information required in a plan, using the rules of the board and an explanation of the criteria used to determine whether the information contained in a plan is adequate.(3)A person submitting a timber harvesting plan shall have the right to a timely determination under Section 4582.7 and any relevant administrative regulations. The department shall promptly notify a person submitting such a plan regarding whether it is accurate, complete, and in proper order.(4)The department shall provide information to explain the meaning of the terms accurate, complete, and in proper order when used in connection with any determination regarding the completeness or sufficiency of a timber harvesting plan.(5)A person submitting a timber harvesting plan shall have the right to know the basis for any determination that a plan is deficient and to understand what further information is needed to make a plan complete. After a plan is accepted as complete, the department and any other public agency that participates in the review of a plan shall not request any new or additional information that was not specified prior to the filing of an accepted plan.(6)A person submitting a timber harvesting plan shall have the right to a timely decision on the approval of the plan, and the department shall comply with any time periods set forth for the review and approval of any plan as prescribed in statute or any relevant administrative regulations.(7)If a timber harvesting plan is returned to a person without a determination that it is accurate, complete, and in proper order, the director shall provide the ombudsperson and the person submitting the plan with information about what is needed to make the plan complete, and the ombudsperson shall assist the person in completing the plan.(8)The department shall provide a person submitting a timber harvesting plan with information on the designated lead agency that the person shall work with to comply with any plan requirements prescribed in this division or any relevant administrative regulations.(9)A person submitting a timber harvesting plan shall have the right to know who will be reviewing the plan and to be provided with information on the estimated time for completion of the full plan review process.(c)For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, modified timber harvesting plans, nonindustrial timber harvesting plans, timber harvesting plan exemptions for the harvesting or removal of Christmas trees, dead, dying, or diseased trees, fuelwood, or split products, fire hazard trees within 150 feet of a residence, or substantially damaged timberland, any public agency exemptions, private and public utility exemptions, timberland conversion permits, and notices of emergency timber operations.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:(a) It is the intent of the Legislature to establish timber harvesting plan submitter assistance consistent with, and in furtherance of, the goals in Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code, which includes the promotion of sustainable forest practices, the assurance of consistent funding for timber harvest review, the promotion of transparency of regulatory costs and programs, and the identification and implementation of efficiencies of the regulation of timber harvesting between state agencies.(b) In the 2017 Assembly Bill 1492 Annual Report to the Joint Legislative Budget Committee on the Timber Regulation and Forest Restoration Program report, required pursuant to Section 4629.9 of the Public Resources Code, it was noted that timber harvesting plan review time averaged 127 days, increasing from 107 days from the previous year even though staffing increased from 191.1 staffers to 211.9 and the total number of timber harvesting plans submitted decreased by 6 and the total number of acres treated was reduced by over 20,000 acres. Even after timber harvesting plan approval, plan submitters must then seek additional permits which extends the review time well past 127 days.(c) The goal of this act is to assist timber harvesting plan submitters, reduce errors in the submission of timber harvesting plans, and reduce the overall review time. The addition of an electronic plan submission program will hopefully significantly reduce the return rate of timber harvesting plans.
SECTION 1. The Legislature finds and declares all of the following:(a) It is the intent of the Legislature to establish timber harvesting plan submitter assistance consistent with, and in furtherance of, the goals in Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code, which includes the promotion of sustainable forest practices, the assurance of consistent funding for timber harvest review, the promotion of transparency of regulatory costs and programs, and the identification and implementation of efficiencies of the regulation of timber harvesting between state agencies.(b) In the 2017 Assembly Bill 1492 Annual Report to the Joint Legislative Budget Committee on the Timber Regulation and Forest Restoration Program report, required pursuant to Section 4629.9 of the Public Resources Code, it was noted that timber harvesting plan review time averaged 127 days, increasing from 107 days from the previous year even though staffing increased from 191.1 staffers to 211.9 and the total number of timber harvesting plans submitted decreased by 6 and the total number of acres treated was reduced by over 20,000 acres. Even after timber harvesting plan approval, plan submitters must then seek additional permits which extends the review time well past 127 days.(c) The goal of this act is to assist timber harvesting plan submitters, reduce errors in the submission of timber harvesting plans, and reduce the overall review time. The addition of an electronic plan submission program will hopefully significantly reduce the return rate of timber harvesting plans.
SECTION 1. The Legislature finds and declares all of the following:
### SECTION 1.
(a) It is the intent of the Legislature to establish timber harvesting plan submitter assistance consistent with, and in furtherance of, the goals in Article 9.5 (commencing with Section 4629) of Chapter 8 of Part 2 of Division 4 of the Public Resources Code, which includes the promotion of sustainable forest practices, the assurance of consistent funding for timber harvest review, the promotion of transparency of regulatory costs and programs, and the identification and implementation of efficiencies of the regulation of timber harvesting between state agencies.
(b) In the 2017 Assembly Bill 1492 Annual Report to the Joint Legislative Budget Committee on the Timber Regulation and Forest Restoration Program report, required pursuant to Section 4629.9 of the Public Resources Code, it was noted that timber harvesting plan review time averaged 127 days, increasing from 107 days from the previous year even though staffing increased from 191.1 staffers to 211.9 and the total number of timber harvesting plans submitted decreased by 6 and the total number of acres treated was reduced by over 20,000 acres. Even after timber harvesting plan approval, plan submitters must then seek additional permits which extends the review time well past 127 days.
(c) The goal of this act is to assist timber harvesting plan submitters, reduce errors in the submission of timber harvesting plans, and reduce the overall review time. The addition of an electronic plan submission program will hopefully significantly reduce the return rate of timber harvesting plans.
SEC. 2. Section 4592.5 is added to the Public Resources Code, to read:4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.
SEC. 2. Section 4592.5 is added to the Public Resources Code, to read:
### SEC. 2.
4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.
4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.
4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.
4592.5. (a) The department shall provide guidance and assistance to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The guidance and assistance shall comply with all of the following requirements:
(1) A plan submitter has the expectation of a timely determination under Section 4582.7 and any relevant administrative regulations.
(2) The department shall provide clearly written guidance documents that explain the regulatory process. In this context, the department shall publish a list of all information required in a plan, using the rules of the board, and an explanation of the criteria that will be used by the department to determine whether the information contained in a plan at the time of submission is adequate.
(3) The department, using the rules of the board, shall provide a checklist that if properly followed by the registered professional forester, should result in a plan that complies with Section 4582 for the purposes of filing. The department, in the implementation of an electronic plan submission program, shall incorporate procedures that address this information.
(4) Any agency or department relying on a timber harvesting plan for its analysis pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) that must issue a permit under its authority that allows the implementation of the project or a portion of the project, as described and analyzed in the timber harvesting plan, shall limit the conditioning of that permit to those applicable mitigation measures incorporated, if any, and adopted in the approved timber harvesting plan.
(b) This section does not preclude the department or other public agencies from imposing postapproval compliance requirements as the result of newly discovered or unforeseen conditions.
(c) For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, program timberland environmental impact reports, program timber harvest plans, modified timber harvesting plans, nonindustrial timber management plans, sustained yield plans, and working forest management plans.
(a)This section shall be known as the Timber Harvesters Bill of Rights.
(b)The department shall implement a Timber Harvesters Bill of Rights to ensure the uniform and efficient implementation of processes and procedures regulating the filing, review, approval, required modification, completion, and appeal of decisions relating to timber harvesting plans. The bill of rights shall comply with all of the following requirements:
(1)A person submitting a timber harvesting plan to the department shall have the right to assistance provided by the department and the board regarding the regulatory and permitting requirements applicable to timber harvest plans. The board shall make an ombudsperson available to work with and assist persons intending to file a plan at each location where the department accepts those plans for filing, review, and approval.
(2)A person submitting a timber harvesting plan shall have the right to access all clearly written guidance documents prepared by the department that explain the regulatory process. In this connection, the department shall publish a list of all information required in a plan, using the rules of the board and an explanation of the criteria used to determine whether the information contained in a plan is adequate.
(3)A person submitting a timber harvesting plan shall have the right to a timely determination under Section 4582.7 and any relevant administrative regulations. The department shall promptly notify a person submitting such a plan regarding whether it is accurate, complete, and in proper order.
(4)The department shall provide information to explain the meaning of the terms accurate, complete, and in proper order when used in connection with any determination regarding the completeness or sufficiency of a timber harvesting plan.
(5)A person submitting a timber harvesting plan shall have the right to know the basis for any determination that a plan is deficient and to understand what further information is needed to make a plan complete. After a plan is accepted as complete, the department and any other public agency that participates in the review of a plan shall not request any new or additional information that was not specified prior to the filing of an accepted plan.
(6)A person submitting a timber harvesting plan shall have the right to a timely decision on the approval of the plan, and the department shall comply with any time periods set forth for the review and approval of any plan as prescribed in statute or any relevant administrative regulations.
(7)If a timber harvesting plan is returned to a person without a determination that it is accurate, complete, and in proper order, the director shall provide the ombudsperson and the person submitting the plan with information about what is needed to make the plan complete, and the ombudsperson shall assist the person in completing the plan.
(8)The department shall provide a person submitting a timber harvesting plan with information on the designated lead agency that the person shall work with to comply with any plan requirements prescribed in this division or any relevant administrative regulations.
(9)A person submitting a timber harvesting plan shall have the right to know who will be reviewing the plan and to be provided with information on the estimated time for completion of the full plan review process.
(c)For purposes of this section, plan or timber harvesting plan includes all forms or documents required to be submitted to the department for review, including, but not limited to, timber harvesting plan documents, modified timber harvesting plans, nonindustrial timber harvesting plans, timber harvesting plan exemptions for the harvesting or removal of Christmas trees, dead, dying, or diseased trees, fuelwood, or split products, fire hazard trees within 150 feet of a residence, or substantially damaged timberland, any public agency exemptions, private and public utility exemptions, timberland conversion permits, and notices of emergency timber operations.