reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.5 - Nonindustrial Timber Management Plan › Section 4594.

4594. The nonindustrial tree farmer who owns, leases, or otherwise controls or operates on all or any portion of any timberland within the boundaries of an approved nonindustrial timber management plan, and who plans to harvest any of the timber thereon during a given year, shall file a nonindustrial timber harvest notice with the department in writing. A notice shall be filed prior to the harvesting of any timber and shall be effective for a maximum of one year from the date of filing. If the person who files the notice is not the owner of the timberland, the person filing the notice shall notify the timberland owner by certified mail that the notice has been submitted, and shall certify that mailing to the department. The notice shall be a public record and shall include all of the following information:
(a) The name and address of the timber owner.
(b) The name and address of the timber operator.
(c) The name and address of the registered professional forester preparing the nonindustrial timber harvest notice.
(d) A description of the land on which the work is proposed to be done.
(e) A statement that no archeological sites have been discovered in the harvest area since the approval of the nonindustrial timber management plan.
(f) A statement that no rare, threatened, or endangered plant or animal species has been discovered in the harvest area since the approval of the nonindustrial timber management plan.
(g) A statement that there have been no physical environmental changes in the harvest area that are so significant as to require any amendment of the nonindustrial timber management plan.
(h) A certification by the registered professional forester that the notice as carried out will implement best management practices for protection of the beneficial uses of water, soil stability, forest productivity, and wildlife as required by the current rules of the board, or a certification that practices consistent with the original plan will not result in any significant degradation to the beneficial uses of water, soil stability, forest productivity, or wildlife.
(i) Special provisions, if any, to protect any unique area within the area of timber operations.
(j) The expected dates of commencement and completion of timber operations during the year.
(k) A statement that the harvesting notice conforms to the provisions of the approved management plan.
(l) Any other information the board provides by regulation to meet its rules and the standards of this chapter.
(m) This section shall become operative on January 1, 1996.
(Repealed (in Sec. 7) and added by Stats. 1992, Ch. 756, Sec. 8. Effective January 1, 1993. Section operative January 1, 1996, by its own provisions.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.5 - Nonindustrial Timber Management Plan › Section 4594.2.

4594.2. The registered professional forester who prepares the nonindustrial timber management plan or prepares the notice, or any other registered professional forester who is employed by the owner or operator, shall report to the owner or operator if there are deviations from the plan which, in his or her judgment, threaten the attainment of the resource conservation standards of the plan.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.5 - Nonindustrial Timber Management Plan › Section 4594.4.

4594.4. If the board finds that a registered professional forester has made any material misstatement in any nonindustrial timber harvesting notice, nonindustrial timber management plan, or report under this chapter, the board shall take disciplinary action against that registered professional forester as provided under Section 775.
(Amended by Stats. 2021, Ch. 133, Sec. 85. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.5 - Nonindustrial Timber Management Plan › Section 4594.6.

4594.6. Notwithstanding any other provisions of this chapter, if a registered professional forester certifies by written declaration, on behalf of the timber owner or operator, that the nonindustrial timber harvesting notice conforms to, and meets the requirements of, the approved nonindustrial timber management plan under which it is filed, timber operations may commence immediately unless the notice has been filed by mailing, in which case operations may commence three days after the notice has been mailed.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.5 - Nonindustrial Timber Management Plan › Section 4594.7.

4594.7. If it is determined that the objectives of uneven aged management and sustained yield are not being met by a nonindustrial tree farmer, or there are other persistent violations detected that are not being corrected, a previously approved nonindustrial timber management plan shall be canceled by the department and any further timber operations under the plan shall be terminated.
(Added by Stats. 1989, Ch. 1290, Sec. 9. Operative January 1, 1991, or sooner, by Sec. 18 of Ch. 1290.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.

4597. (a) The Legislature finds and declares all of the following:
(1) The nonindustrial timber management plan established pursuant to Article 7.5 (commencing with Section 4593) has been successful in meeting the intent of this chapter by encouraging prudent and responsible forest management and discouraging accelerated timberland conversion by private nonindustrial forest landowners.
(2) There have been more than 850 nonindustrial timber management plans approved by the department covering a combined area of more than 360,000 acres.
(3) Building upon the model provided by the nonindustrial timber management plan, it is the policy of the state to encourage long-term planning, increased productivity of timberland, and the conservation of open space on a greater number of nonindustrial working forest ownerships and acreages.
(4) It is the policy of the state to encourage prudent and responsible forest resource management of nonindustrial timberlands by approving working forest management plans in advance and authorizing working forest timber harvest notices to be filed ministerially.
(5) To ensure long-term benefits such as added carbon sequestration, local and regional employment and economic activity, sustainable production of timber and other forest products, aesthetics, and the maintenance of ecosystem processes and services, the working forest management plan shall comply with rigorous timber inventory standards that are subject to periodic review and verification.
(b) This article shall be implemented in a manner that complies with the applicable provisions of this chapter and other laws, including, but not limited to, the Timberland Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Division 1 of Title 5 of the Government Code), the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), the Porter Cologne Water Quality Control Act (Division 7 (commencing with Section 13000) of the Water Code), and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of the Fish and Game Code). Working forest landowners, as defined in Section 4597.1, shall comply with all applicable regulatory requirements of the State Water Resources Control Board and the appropriate regional water quality control board.
(Amended by Stats. 2018, Ch. 626, Sec. 18. (SB 901) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.3.

4597.3. The board shall adopt regulations regarding the notice of receipt of the proposed working forest management plan. The notice shall be given within two working days following receipt of the proposed management plan and shall be consistent with all applicable laws. The method of notice shall include, but not be limited to, mailed notice and Internet-based notice. The regulations may require the person submitting the working forest management plan to provide to the department a list of the names and addresses of persons to whom the notice is to be mailed.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.4.

4597.4. The department shall provide notice of the filing of working forest management plans, the proposed plans, and working forest harvest notices on its Internet Web site, and to any person who requests, in writing, that notification.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.5.

4597.5. Upon receipt of the proposed working forest management plan, the department shall place the proposed plan, or a true copy of the proposed plan, in a location or on an Internet Web site available for public inspection in the county in which timber operations are proposed under the plan. For the purpose of interdisciplinary review, the department shall also transmit a copy to the Department of Conservation, the Department of Fish and Wildlife, the appropriate California regional water quality control board, the county planning agency, and all other agencies having jurisdiction by law over natural resources affected by the plan. The department shall invite, consider, and respond in writing to comments received from public agencies to which the plan has been transmitted and shall consult with those agencies at their request.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.7.

4597.7. The working forest landowner may submit a proposed amendment to the approved plan and shall not take any action that substantially deviates, as defined by the board, from the approved plan until the amendment has been filed with the director and the director has determined, after completion of the interagency review and public comment period, either of the following:
(a) The amendment is in compliance with the current rules and regulations of the board and the provisions of this chapter.
(b) The amendment is in compliance with the rules and regulations of the board and the provisions of this chapter that were in effect at the time the working forest management plan was approved. The director may only make this determination if the registered professional forester explains, justifies, and certifies both of the following:
(1) The adherence to new or modified rules and regulations of the board would cause unreasonable additional expense to the working forest landowner.
(2) Compliance with the rules and regulations of the board and the provisions of this chapter that were in effect at the time the working forest management plan was approved will not result in any significant degradation to the beneficial uses of water, soil stability, forest productivity, or wildlife.
(c) Review timelines for substantial deviations of working forest management plans shall conform to the direction provided in Section 4582.7, except for amendments that add acreage covered by the original working forest management plan that exceeds 10 percent or 500 acres, whichever is greater. Amendments that add acreage in excess of 10 percent or 500 acres shall be reviewed pursuant to the procedures specified in Section 4597.6.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.8.

4597.8. The working forest landowner may take actions that do not substantially deviate from the approved plan without the submission of an amendment, but those actions shall be subsequently reported to the department. The board shall specify, by regulation, those nonsubstantial deviations that may be taken. The board shall specify the requirements for reporting those deviations.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.9.

4597.9. (a) Upon a change of ownership of the land described in the working forest management plan, the transferring landowner shall provide the acquiring landowner with written notice that discloses the existence of the plan and informs the acquiring landowner of the need to notify the department if the acquiring landowner intends to assume the plan. The transferring landowner shall also send the department a copy of the notice provided to the acquiring landowner.
(b) If the transferring landowner fails to provide the notice required in subdivision (a) and the department discovers the change of ownership, the department shall provide the acquiring landowner with the notice described in subdivision (a).
(c) The acquiring landowner shall have one year from the date of the receipt of the notice required pursuant to subdivision (a) or (b), whichever is applicable, to notify the department in writing of his or her intent to assume the plan. If the department does not receive notification within this period, the department may cancel the plan.
(d) A violation of this section by a landowner does not constitute a crime pursuant to Section 4601.
(Amended by Stats. 2014, Ch. 291, Sec. 3. (AB 2239) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.10.

4597.10. The working forest landowner may cancel the working forest management plan by submitting a written notice to the department. Once timber operations have commenced pursuant to a working forest harvest notice, cancellation is not effective on land covered by the notice until a report of satisfactory completion has been issued pursuant to Sections 4585, 4586, and 4587.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.12.

4597.12. (a) For an approved working forest management plan, the director shall convene a meeting with the interdisciplinary review team, as that term is used in subdivision (a) of Section 1037.5 of Title 14 of the California Code of Regulations, every five years to review the plan’s administrative record, information obtained pursuant to subdivision (b), and any other information relevant to verify that operations have been conducted in accordance with the plan and applicable laws and regulations. Participation by review team agencies shall be at the discretion of each agency. If at this meeting a member of the review team determines that a field inspection is necessary to verify that operations have been conducted in accordance with the plan and applicable laws and regulations, then a field inspection may be conducted.
(b) For the purposes of subdivision (a), the board, in consultation with the review team agencies, shall adopt regulations that require the department to develop a plan summary before each five-year review that allows the review team to analyze information including, but not limited to, the number of notices of timber operations, the acreage operated under each notice, the violations received, and the volume harvested in relation to projections of harvest in the plan. If the department or a review team agency does not have direct access to information needed for the plan summary, the department may require the landowner to provide this information.
(c) For the purpose of allowing the public to monitor a working forest management plan, the department shall provide the public, in writing or on its Internet Web site, notice of each five-year review and a copy of the plan summary. The public may submit to the review team additional information relevant to the purpose of the five-year review and the review team may consider this information when conducting its review.
(d) This section does not authorize the public disclosure of proprietary information without first obtaining the landowner’s consent.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.13.

4597.13. The registered professional forester who prepares the working forest management plan or prepares the notice of harvest, or any other registered professional forester who is employed by the owner or operator, shall report to the owner or operator if there are deviations from the plan that, in the forester’s judgment, threaten the attainment of the resource conservation standards of the plan.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.14.

4597.14. If the board finds that a registered professional forester has made any material misstatement in a working forest harvest notice, working forest management plan, or report pursuant to this chapter, the board shall take disciplinary action against the forester as provided pursuant to Section 775.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.15.

4597.15. Notwithstanding any other provisions of this chapter, if a registered professional forester certifies by written declaration, on behalf of the timber owner or operator, that the working forest harvest notice conforms to and meets the requirements of the approved working forest management plan under which it is filed, timber operations may commence immediately. If the notice has been filed by mailing, operations may commence three days after the notice has been mailed.
(Amended by Stats. 2014, Ch. 291, Sec. 4. (AB 2239) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.16.

4597.16. If the department determines that the objectives of uneven aged management and sustained yield are not being met by a working forest landowner, or there are other persistent violations detected that are not being corrected, the department shall cancel a previously approved working forest management plan and any further timber operations under the plan shall be terminated. In making a determination to cancel a plan, the department may cite the findings of a review conducted pursuant to Section 4597.12. Cancellation of the plan may be appealed by the plan submitter or landowner utilizing the process prescribed in paragraph (1) of subdivision (e) of Section 4597.6.
(Amended by Stats. 2014, Ch. 291, Sec. 5. (AB 2239) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.17.

4597.17. If a landowner with a nonindustrial timber management plan or a working forest management plan with less than 2,500 acres expands his or her total timberland ownership to 2,500 or more acres, the landowner may transition into a working forest management plan for more than 2,500 acres through an amendment to the plan. The board shall adopt regulations that establish this amendment process.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.18.

4597.18. A participating landowner, in conjunction with the preparation of an application for a working forest management plan filed with the department, may also seek approval of a safe harbor agreement from the Department of Fish and Wildlife, pursuant to Article 3.7 (commencing with Section 2089.2) of Chapter 1.5 of Division 3 of the Fish and Game Code. All review costs associated with the safe harbor agreement approval process incurred by the Department of Fish and Wildlife pursuant to this section shall be paid from the fund created in Section 4629.3.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.19.

4597.19. Notwithstanding any other law, if a person with a working forest management plan or a nonindustrial timber management plan applies for state restoration grant funding for a restoration project that has a significant public benefit, the application shall not be summarily denied on the basis that the project is a required condition of the harvesting plan.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.21.

4597.21. This article does not affect the applicability of county rules adopted pursuant to Section 4516.5 nor any court decision made by a court of competent jurisdiction.
(Added by Stats. 2013, Ch. 648, Sec. 1. (AB 904) Effective January 1, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.7 - Working Forest Management Plan › Section 4597.22.

4597.22. This article does not apply to the Southern Subdistrict of the Coast Forest District, as described in Section 895.1 of Title 14 of the California Code of Regulations.
(Amended by Stats. 2014, Ch. 489, Sec. 1. (SB 1345) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.

4598. The Legislature finds and declares all of the following:
(a) In order to meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), it is necessary to increase the carbon sequestration potential of California’s timberlands and to decrease carbon emissions from wildland fires.
(b) Over one-half of the privately owned, commercial timberland in the state is owned by nonindustrial landowners. These lands will be increasingly important in the state’s efforts to meet the goals of the California Global Warming Solutions Act of 2006. The owners of these lands often lack the forestry expertise, economic incentive, or capital needed to make investments to decrease present and future greenhouse gas emissions from their lands and the potential for wildland fires that release greenhouse gases.
(c) Long-term uneven-aged management of private timberlands within the state and the retention of large, old trees can increase the ability of timberlands to sequester carbon through increased growth and inventory and to convert carbon into oxygen through photosynthesis.
(d) Prudent management of timberlands can decrease the potential for large wildland fires, that release greenhouse gases, by creating forests that are less susceptible to ignition and that reduce the intensity of wildland fires, thereby allowing for more successful fire suppression efforts.
(e) Recent projects have demonstrated the benefits of pursuing program timberland environmental impact reports (PTEIRs), which provide better long-term management guidance for forests than single-project timber harvest plans.
(f) The state has an interest in securing the carbon sequestration and fire protection benefits of prudent long-term management of timberlands owned by nonindustrial landowners.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.1.

4598.1. (a) The purpose of this article is to encourage private investments in, and improved long-term management of, timberlands and resources within the state to promote carbon sequestration through increased timber growth and inventory, reduced carbon emissions from wildland fires by creating fire resiliency on private timberlands, and the protection, maintenance, and enhancement of a productive and stable forest resource system for the benefit of present and future generations.
(b) The primary emphasis of the program established by this article shall be upon increasing carbon sequestration in timberlands and reducing carbon emissions from wildland fires. Consistent with this primary emphasis, the program shall also be managed to maintain or improve all forest resources, such as fish and wildlife habitat and soil resources, so that the overall effect of the program is to improve the total forest resource system.
(Amended by Stats. 2015, Ch. 303, Sec. 424. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.2.

4598.2. (a) In furtherance of the purposes of this article, the department may enter into agreements and make grants and take other actions necessary to carry out the purposes of this article.
(b) (1) The PTEIR for carbon sequestration and fuel reduction program conducted by the department shall encourage forest resource improvements and otherwise facilitate good timberland management through a program of financial and technical assistance to smaller nonindustrial landowners and coalitions of smaller nonindustrial landowners for the development of watershed-specific PTEIRs for watersheds where the primary focus of the contemplated work is reduction of greenhouse gases.
(2) The purpose of this program shall be to work cooperatively with public and private landowners, particularly smaller nonindustrial landowners, to upgrade the long-term management of their lands and, thereby improve the ability of their lands to both sequester carbon and to resist wildland fires that cause emissions of carbon.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.3.

4598.3. As used in this article, the following terms shall have the following meanings:
(a) “Eligible landowner” means any person who meets the conditions set forth in Sections 4598.6 and 4598.8. Where ownership of timberland and timber are not held by the same person, “landowner” means either the person or persons owning the land or the person or persons owning the timber.
(b) “Timberland” has the same meaning as defined in Section 4526.
(c) “PTEIR” means a program timberland environmental impact report prepared pursuant to this article and Article 6.8 (commencing with Section 1092) of Title 14 of the California Code of Regulations.
(d) “Smaller nonindustrial landowner” means an owner of 5,000 acres or less of timberland within the state.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.4.

4598.4. Agreements may be entered into and grants may be made by the director pursuant to this article for the purpose of preparing PTEIRs for projects that demonstrate potential to increase carbon sequestration, decrease atmospheric carbon levels, and reduce the potential for large wildland fires.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.5.

4598.5. (a) The director may enter into agreements, on behalf of eligible landowners, pursuant to which the department will undertake the preparation of PTEIRs. The department may enter into agreements with the Department of General Services or third-party consultants to assist in the preparation of PTEIRs.
(b) The department may provide grant funds to eligible landowners in amounts not to exceed the direct costs to the eligible landowners of preparing PTEIRs pursuant to this article.
(c) The department shall pay the costs of preparing the PTEIRs, or provide grant funds to eligible landowners, from funds appropriated to the department from the Greenhouse Gas Reduction Fund, pursuant to Section 39718 of the Health and Safety Code.
(d) All expenditures made by the department pursuant to this article shall be in a manner consistent with the criteria expressed in Section 39712 of the Health and Safety Code and with the investment plan developed by the Department of Finance pursuant to Section 39716 of the Health and Safety Code.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.6.

4598.6. To be eligible for participation in an agreement or grant pursuant to Section 4598.5, the following conditions shall be met:
(a) The application requirements established by the board are satisfied.
(b) The landowner is a smaller nonindustrial landowner, as defined in Section 4598.3. Where the timberland is owned jointly by more than one individual, group, association, or corporation, as joint tenants, tenants in common, tenants by the entirety, or otherwise, the joint owners shall be considered, for the purposes of this article, as one landowner.
(c) The parcel or parcels of timberland to which the PTEIR shall apply is either:
(1) Within a timber preserve zone established pursuant to Article 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code and not the subject of an application for rezoning or immediate rezoning pursuant to Section 51120 of, or Article 4 (commencing with Section 51130) of Chapter 6.7 of Part 1 of Division 1 of Title 5, of the Government Code.
(2) Subject to a contract signed by the landowner in which the landowner agrees not to develop the parcel of timberland for uses incompatible with the PTEIR within 20 years following the execution of an agreement or the making of a grant pursuant to Section 4598.5. The director shall record the contract in the office of the county recorder in the county in which the parcel of timberland is located and, upon recordation, the contract shall be binding upon any person to whom the parcel of timberland is sold, assigned, devised, or otherwise transferred by agreement or operation of law.
(Amended by Stats. 2015, Ch. 303, Sec. 425. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.7.

4598.7. Payments or grants pursuant to this article may be made for work that is also the subject of payments or other assistance provided pursuant to federal law. Payments or grants shall not be made pursuant to this article to satisfy landowner cost share requirements of, or repay loans received pursuant to, federal law. The combined state and federal payments or other assistance shall not together exceed the amount of the actual cost of the PTEIR to the landowner.
(Amended by Stats. 2015, Ch. 303, Sec. 426. (AB 731) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.8.

4598.8. In addition to the requirements of Section 4598.6, to be eligible to participate in agreements or receive grants pursuant to Section 4598.5, the landowner shall do all of the following:
(a) Submit a proposal to the department detailing the long-term forest and land management plans for approval by the director. The proposal shall set forth an analysis of timberland conditions and capabilities relative to carbon sequestration and fire resiliency. The proposal shall describe the management objectives and shall provide for all of the following:
(1) Increased direct carbon sequestration through increased growth and inventory and long-term uneven-aged management of the timberlands.
(2) Improved resistance to wildland fire.
(3) Maintenance of large old trees across the watershed.
(4) Optimized timber growth potential of the timberland consistent with maintaining carbon additionally over the baseline.
(5) Measurable metrics demonstrating greenhouse gas reductions achieved by the long-term management to be analyzed in the PTEIR.
(b) Submit a project application in the form prescribed by the director containing information the board deems necessary to evaluate the PTEIR.
(c) Agree to comply with state or federal laws applicable to the work carried out pursuant to any program timber harvesting plan developed pursuant to a PTEIR.
(d) Agree to provide to the department, upon completion of each program timber harvesting plan undertaken pursuant to a PTEIR, a report detailing greenhouse gas reductions achieved by the plan.
(e) Agree to provide to the department any data or metrics on greenhouse gas reductions as required by law.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 7.8 - Program Timberland Environmental Impact Report for Carbon Sequestration and Fuel Reduction Program › Section 4598.9.

4598.9. To carry out this article and to facilitate participation in the program authorized by this article, the board may promulgate regulations, guidelines, or publications the board deems appropriate. Regulations promulgated by the board may be adopted as emergency regulations. Regulations or emergency regulations adopted pursuant to this section shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare. The regulations, guidelines, or publications shall be submitted to the board for review or approval. Regulations, guidelines, or publications shall specify all of the following:
(a) Criteria to determine timberlands that have demonstrated potential for increased carbon sequestration and fire protection benefits and, therefore, the landowners of those lands may be eligible to enter into agreements or receive grant funds under Section 4598.5.
(b) Guidelines further specifying the scope of projects for which agreements may be entered into or grants made pursuant to this article.
(c) Factors to be considered and information to be included in proposals submitted pursuant to Section 4598.8.
(d) A standard application form for proposals submitted pursuant to Section 4598.8.
(e) Guidelines for evaluation and approval of proposals to enter into agreements or receive grant funds under Section 4598.5.
(f) Metrics for evaluating the greenhouse gas reductions to be achieved by the long-term management of the timberlands pursuant to the PTEIR.
(g) The form and content of reports detailing greenhouse gas reductions as required by Section 4598.8.
(h) Any other matters as the board deems necessary for the effective administration of this article.
(Added by Stats. 2014, Ch. 36, Sec. 11. (SB 862) Effective June 20, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 8 - Penalties and Enforcement › Section 4601.

4601. Any person who willfully violates any provision of this chapter or rule or regulation of the board is guilty of a misdemeanor and shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. The person is guilty of a separate misdemeanor offense under this section for each day in which an order for corrective action issued pursuant to Section 4605 or 4608 is violated.
(Amended by Stats. 1983, Ch. 1092, Sec. 340. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Public Resources Code - PRC › DIVISION 4 - FORESTS, FORESTRY AND RANGE AND FORAGE LANDS › PART 2 - PROTECTION OF FOREST, RANGE AND FORAGE LANDS › CHAPTER 8 - Z'berg-Nejedly Forest Practice Act of 1973 › ARTICLE 8 - Penalties and Enforcement › Section 4601.1.

4601.1. (a) (1) In addition to any other penalty, any person who intentionally, knowingly, or negligently violates this chapter or a rule or regulation adopted by the board pursuant to this chapter is subject to a civil penalty imposed by a court in an amount not to exceed ten thousand dollars ($10,000) for each violation. For purposes of this section, damage that occurs over multiple days that results from a single action shall not be considered a continuing violation. For purposes of this section, each specific act that results in a violation of this chapter or a rule or regulation adopted pursuant to this chapter, including an act that is repeated on separate days, shall be considered a separate violation.
(2) The Attorney General or district attorney, upon request of the director, shall petition the superior court to impose, assess, and recover a civil penalty pursuant to this subdivision. In determining the appropriate amount, the court shall consider all relevant circumstances, including, but not limited to, persistence, circumstances, extent and gravity of the violation, the length of the time over which the violation occurred, whether any substantial damage caused by the violation is susceptible to corrective action, whether the violation was willful or caused by negligence, and, with respect to the violator, the ability of the violator to pay any fines or penalties, the effect on the ability to continue in business, the corrective action, if any, taken by the violator, whether the violator has any prior history of violations, the degree of culpability, economic savings, if any, resulting from the violation, and such other matters as justice may require.
(b) A civil penalty may also be administratively imposed by the department in accordance with Section 4601.2 on any person who intentionally, knowingly, or negligently violates this chapter or a rule or regulation adopted by the board pursuant to this chapter in an amount not to exceed ten thousand dollars ($10,000) for each violation of a separate provision. For purposes of this section, damage that occurs over multiple days that results from a single action shall not be considered a continuing violation. For purposes of this section, each specific act that results in a violation of this chapter or a rule or regulation adopted pursuant to this chapter, including an act that is repeated on separate days, shall be considered a separate violation.
(c) No person is subject to both a civil penalty imposed by the superior court under subdivision (a) and a civil penalty administratively imposed under subdivision (b) for the same act or failure to act.
(d) Any money recovered by the department pursuant to this section shall be deposited in the General Fund.
(Amended by Stats. 2002, Ch. 762, Sec. 1. Effective January 1, 2003.)