| 1 | 1 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 761Introduced by Senator JonesFebruary 22, 2019 An act to amend Section 4589 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTSB 761, as introduced, Jones. Forestry: exemptions: emergency notices: reporting.The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities. Existing law authorizes a registered professional forester in an emergency to file, on behalf of a timber owner or operator, a specified emergency notice with the department that allows for the immediate commencement of timber operations. Existing law requires the department and board, in consultation with the Department of Fish and Wildlife and the State Water Resources Control Board, commencing December 31, 2019, and annually thereafter, to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, these exemptions and emergency notice provisions, as specified.This bill would make nonsubstantive changes in that reporting requirement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 4589 of the Public Resources Code is amended to read:4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. (b) The public shall be provided opportunities to participate in the review and the development of the report.(c) The report shall be submitted pursuant to Section 9795 of the Government Code.(d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.(B)(2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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| 3 | 3 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Senate Bill No. 761Introduced by Senator JonesFebruary 22, 2019 An act to amend Section 4589 of the Public Resources Code, relating to forestry. LEGISLATIVE COUNSEL'S DIGESTSB 761, as introduced, Jones. Forestry: exemptions: emergency notices: reporting.The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities. Existing law authorizes a registered professional forester in an emergency to file, on behalf of a timber owner or operator, a specified emergency notice with the department that allows for the immediate commencement of timber operations. Existing law requires the department and board, in consultation with the Department of Fish and Wildlife and the State Water Resources Control Board, commencing December 31, 2019, and annually thereafter, to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, these exemptions and emergency notice provisions, as specified.This bill would make nonsubstantive changes in that reporting requirement.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO |
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| 9 | 9 | | CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION |
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| 11 | 11 | | Senate Bill No. 761 |
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| 13 | 13 | | Introduced by Senator JonesFebruary 22, 2019 |
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| 15 | 15 | | Introduced by Senator Jones |
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| 16 | 16 | | February 22, 2019 |
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| 18 | 18 | | An act to amend Section 4589 of the Public Resources Code, relating to forestry. |
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| 19 | 19 | | |
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| 20 | 20 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 22 | 22 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 24 | 24 | | SB 761, as introduced, Jones. Forestry: exemptions: emergency notices: reporting. |
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| 26 | 26 | | The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities. Existing law authorizes a registered professional forester in an emergency to file, on behalf of a timber owner or operator, a specified emergency notice with the department that allows for the immediate commencement of timber operations. Existing law requires the department and board, in consultation with the Department of Fish and Wildlife and the State Water Resources Control Board, commencing December 31, 2019, and annually thereafter, to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, these exemptions and emergency notice provisions, as specified.This bill would make nonsubstantive changes in that reporting requirement. |
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| 28 | 28 | | The Zberg-Nejedly Forest Practice Act of 1973 prohibits a person from conducting timber operations, as defined, unless a timber harvesting plan prepared by a registered professional forester has been submitted to, and approved by, the Department of Forestry and Fire Protection. The act authorizes the State Board of Forestry and Fire Protection to exempt from some or all of those provisions of the act a person engaging in specified forest management activities. Existing law authorizes a registered professional forester in an emergency to file, on behalf of a timber owner or operator, a specified emergency notice with the department that allows for the immediate commencement of timber operations. Existing law requires the department and board, in consultation with the Department of Fish and Wildlife and the State Water Resources Control Board, commencing December 31, 2019, and annually thereafter, to review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, these exemptions and emergency notice provisions, as specified. |
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| 30 | 30 | | This bill would make nonsubstantive changes in that reporting requirement. |
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| 32 | 32 | | ## Digest Key |
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| 34 | 34 | | ## Bill Text |
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| 36 | 36 | | The people of the State of California do enact as follows:SECTION 1. Section 4589 of the Public Resources Code is amended to read:4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. (b) The public shall be provided opportunities to participate in the review and the development of the report.(c) The report shall be submitted pursuant to Section 9795 of the Government Code.(d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.(B)(2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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| 38 | 38 | | The people of the State of California do enact as follows: |
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| 40 | 40 | | ## The people of the State of California do enact as follows: |
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| 42 | 42 | | SECTION 1. Section 4589 of the Public Resources Code is amended to read:4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. (b) The public shall be provided opportunities to participate in the review and the development of the report.(c) The report shall be submitted pursuant to Section 9795 of the Government Code.(d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.(B)(2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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| 44 | 44 | | SECTION 1. Section 4589 of the Public Resources Code is amended to read: |
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| 46 | 46 | | ### SECTION 1. |
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| 48 | 48 | | 4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. (b) The public shall be provided opportunities to participate in the review and the development of the report.(c) The report shall be submitted pursuant to Section 9795 of the Government Code.(d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.(B)(2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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| 50 | 50 | | 4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. (b) The public shall be provided opportunities to participate in the review and the development of the report.(c) The report shall be submitted pursuant to Section 9795 of the Government Code.(d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.(B)(2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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| 52 | 52 | | 4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. (b) The public shall be provided opportunities to participate in the review and the development of the report.(c) The report shall be submitted pursuant to Section 9795 of the Government Code.(d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative.(B)(2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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| 56 | 56 | | 4589. (a) The department and board, in consultation with the Department of Fish and Wildlife, Wildlife and the State Water Resources Control Board, shall shall, commencing December 31, 2019, and annually thereafter, review and submit a report to the Legislature on the trends in the use of, compliance with, and effectiveness of, the exemptions and emergency notice provisions that are described in Sections 4584 and 4592 of this code and Sections 1038 and 1052 of Title 14 of the California Code of Regulations. The report shall include an analysis of exemption use and whether the exemptions are having the intended effect. The report shall also include recommendations to improve the use of those exemptions and emergency notice provisions, information on the linear distance of road constructed or reconstructed under notices of exemption by individual ownerships, within a representative sample of planning watersheds from each forest practice district as defined in Sections 907 to 909, inclusive, of Title 14 of the California Code of Regulations, and violations associated with road reconstruction. The report shall include information on the number and type of violations and enforcement actions taken on each notice of exemption and emergency notice. The report shall also contain the number of post-treatment onsite inspections that occur and whether those inspections were attended by a representative of the Department of Fish and Wildlife and a representative of the State Water Resources Control Board. The report submitted on December 31, 2025, shall include recommendations necessary for revisions to diameter limits at stump heights of harvestable trees under subdivisions (j) and (k) of Section 4584. |
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| 58 | 58 | | (b) The public shall be provided opportunities to participate in the review and the development of the report. |
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| 60 | 60 | | (c) The report shall be submitted pursuant to Section 9795 of the Government Code. |
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| 62 | 62 | | (d) (A)(1) This section shall be operative for a period of five years after the effective date of emergency regulations as adopted by the board and as of that date is inoperative. |
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| 64 | 64 | | (B) |
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| 68 | 68 | | (2) The board shall notify the Secretary of State when emergency regulations have been adopted. |
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