Title~ Administrative Code Sections C~ /~31',/ ~zys;f Date ...bofdata.fire.ca.gov/regulations/regulations_file_library/... · REGULATION WORKSHEET ... 12/19/86 All Previous Related

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REGULATION WORKSHEET

Title~ Administrative Code Sections C~ /~31',/ ~zys;f

Date Completed Completed ---=By"--~

,•· 1. Prepare Proposed Text of Regulation in Strikeout/

Underscore format.

2. Prepare Intial Statement of Reasons

3. Prepare Hearing Notice.

4. Submit to OAL for public in Notice Register (10 days prior to publication date). Include:

5.

6.

7.

a. Face Sheet for Filing Notice b. Four copies of Notice c. One copy of Initial Statement of Reasons d. One copy of proposed textin strikeout/underscore.

Send Notice to Newspaper of General Circulati~.J,,ti; l:J..j;.~~~ Mail Notice of Public Report Mailing List.f:0y1-t;/t.5" ~~ Hearing held: · 10Fr:Jf(\ • ~~-~--a. Continued to: b. Continued to:

8. If substantive changes made in proposed regulation, submit to interested public for 15 days.

9. Preparation of Hearing Record:

a. Respond to Public Comments b. Prepare Final Statement of Reasons c. Prepare Final Text of Regulations:

10. Assemble Rulemaking File

11. Xerox One Copy of Rulemaking Pile:

12. Submit to CAL. Include:

a. Seven copies of Face Sheet (1 w/01iginal signature) _____ -----b. Seven copies of text of regulation c. Complete Rulemaking File

13. Approval by OAL

14. Regulation Becomes Effective:

a. 30 Days After Filing with Secretary of State b. Immediately Upon Filing (must include justification) ___ ~

Board of Forestry and Fire Protection Information Sheet

Type of Filing

Regular Emergency Disapproval Resubmittal Withdrawn Section 100 x

Title: Amendments Concerning Effective Period and Good Cause

Regulatory Action# (OAL File #) or Emergency #

Date(s) Notice Sent to OAL: 08/01/86 .

Notice File # Notice Register # Publication Date: 12/19/86

All Previous Related OAL Reg. Action II

15 Day Circulation Notice Date(s):

Status: Approved Date: Effective Date 12/14/86

Section(s) Affected

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Amend --

Adopt Appeal 895.1, 1039.1

Comments:

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-=rscAL IMPACT STATEMENT 1REGuLA110Ns AND 0RD::Rs1 ro l99 r9 ·e51 STATE OF CALIFORNIA

SEE SAM SECTION 6055 FOR INSTRUCTIONS .:.CENCY

Board.of Forestry CONTACT PERSON

Dennis Orrick PHONE NUMBER

322- 0128 TlllE OtSCRIPllON Of nEGULAflONIOnOER

~.mendments to 14CAC1039 . l and 895 . 1 - .Effective Period and Good cause

A. FISCAL EFFECT ON LOCAL GOVERNMENT (I ndicate appropriate boxes 1 through 5 and complete ii necessary)

0 1. Add1t1onal expenditures of approximately s --- - ---- -------------pursuant to Section 2231 of the Revenue and Taxation Code. Funding for this reimbursement:

annually which are reimbursable by the State

0 a.

0 b.

is provided rn (hem ------- . Budget Act of ------- ) or (Chapter ------- . Statutes o f -------

will be requested in the ----,.,,..,,.,,--=-,....,..-----Governor's Budge1 for appropria1ion in Oudge1 Act of ------------1nSCAL YEAAI

0 2. Addi11onal expenditures of approximately s -------- -----------pursuant 10 Section 2231 o f the Revenue and Taxation Code because th.s regula11on;

annually which are not re imbursable by the S1a1e

0 3.

0 4 .

~ 5.

0 a. implements the Federal m;indate con tained in

0 b. implements the court mandate set fot1h by :he --- ---------- ------------ - - ---------

courtinthecaseof ---------------------~"s· ----------------------

0 c. implements a mandate of the people of this S:ate expressed in their appro'lal o! Proposi1ion No. -------------- at the

---- - ------------ election; f0ATEt

0 d. is i ssued only in rosponso to ;i specific reques1 from the

. which are the only local enttty(s) affected:

0 e. is more appropriately financed from the ----------------------------cFEES. REVEl<UE. e;c t

authorized by Section

of the ---- - --- --------- - ------ Code;

0 f. provrdes for savings to each affected unit of local 9overnmen1 whrch w i ll. at a minimum. offset any add11ional costs to each such unit.

Savings of approximately s ---------------------- ai"lnually.

No additional costs or savings because thrs regulation makes only technical. nonsubstantive or clarifying changes to current law and regulations.

No f iscal impact exists because 1his regulation does nor affect any loc:i l en1ity or program.

a. FISCAL EFFECT ON STATE GOVERNMENT (Indicate appropria1c boxes 1 through 3 and complete ii necessary)

0 1. Addilional expenditures ol approximately s ---- ------------ ---

. 0 a. be able to absorb these additional costs within their existing budge1s and resources.

annually. It is anticipated that Slate agencies will;

0 2.

~ 3.

0 b. reouest su;iplemental funding by means of '"Budget Change Proposals" for the - -----------------

Saving:: of ;,pproximately s annually.

No f isc:i l imp:ict exists because this regulation does not effect any State agency or program.

fiscal year.

C. FtSC.\L EFFECT ON FEDERAL FUNDING OF STATE PROGRAMS (Indicate appropriate boxes 1through3 and complete if necessary}

01. 02 ~ 3.

Adr! 111on:il c~p1:nd11ure s of aooroxima1ely s --------------- ----------- annually.

s.w1119s of ;1nprox imately s annually.

No l iscnl impact exists because th is regula11on does not affec t any leclcrillly funded Slate program or agency.

Executive Officer

I P~OCRA\I OUOGE I M.>ll.>Gi:~ • OOF 0Al£ A.RiMENT OF FINANCE

A~PROVAL!CONCURRANCE ~

- Agenc y

1.(. :dt:c&d mu~ I Dat e

JUL 3 0 1986

Secretary for Resources

~TAT; OF CALIFORNIA - sro . .ioo C3t83J

FACE SHEET (See Instructions on Reverse)

SUBMITIEO FOR REVIEW

AUG 0 l 1986

OFFICE Of ADM INISTRATIVE LAVI

LEAVE BLANK

(OAL·4)

FOR FILING ADMINISTRATIVE REGULATIONS

I. ATTACHED ARE REGULATIONS ADOPTED, AMENDED OR REPEALED BY:

Board of Forestry

BY: (AGENCY OFFICER AUTHORIZED TO SUBMIT REGULATIONS)

AGENCY CONT ACT PERSON AND POSITION Dennis OrrlCi<

LEAVE BLANK

TELEPHONE 322- 0128

2. Indicate California Administrative Code Title and specify sections to be amended, adopted, and / o r repealed:

SECTIONS AMENDED

Tille: __Ji_ 895 . 1 and 1039 . ~ SECTIONS ADOPTED 1:. ',~:\

/:i \ ' I SECTIONS REPEALED lj

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Emergency

3. TYPE OF ORDER (CHECK ONE)

Q Regular D (Attach Finding of Emergency) 0 Certi ficate of Compliance

Other Regulatory Actions:

I Procedural and Organizational D Editorial Correction 0 Authority and Reference .___J Change Citation Change

4 . IS THIS ORDER A RESUBMITTAL OF A PREVIOUSLY DISAPPROVED OR WITHDR AWN REGULATION?

~ No D Yes , if yes give date of previous filing---------- - -- -----

5. IS THIS FILING A RESULT OF THE AGENCY'S REVIEW OF EXISTING REGULATIONS?

~ No 0 Yes

6. IF THESE REGULATIONS REQUIRED PRIOR REVIEW AND APPROVAL BY ANY OF THE FOLLOWING AGENCIES, CHECK THE APPROPRIATE BOX OR BOXES.

D State Fire Marshal (Attach Approval) D Building Standards Comm.

(Attach Approval) D Fair Political Practices Comm. 0 Department of Finance (Inc lude FPPC Approval Stamp) (Attach STD. Form 399)

7a. PUBLICATION DATE OF NOTICE IN CALIFORNIA b. DATE OF ADOPTION OF REGULATION(S) c. DATES OF AVAILABILITY OF MODIFIED ADMINISTRATIVE NOTICE REGISTER REGULATION(S) (~OV. CODE SEC. 11346.B(c))

December 20 , 1985 March 5 , 1986 February 14 , 1986 8. WAS THIS REGULATORY ACTION SCHEDULED ON YOUR AGENCY RULEMAKING CALENDAR?

~ No D Yes

9. EFFECTIVE DATE OF REGULATORY CHANGES: (SEE GOVERNMENT CODE SECTION 11 3 46.2 AND INSTRUCTIONS ON REVERSE)

a. D Effective 30th day aft er fil ing with th e Secretary of State .

b. D Effective on ____________ as required by statutes: ( lis t) _________________ _

0 Effective on ____________ (Designat e effective date earlier than 30 days aft er filing with the Secretary of State pursuant to Government Code Section 11346.2(d).)

D Request Attached

d. 0 Effective on _____________ (Des ignate effective date ta ter than 30 days aft er fil ing with the Secretary of State.)

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1 l . Amend 14 CAC 895. l by adding the fo 1l owing new definition in al phabeti ca 1

2 order:

3 "good cause is shown" as used in PRC 4590 means when:

4 :; the pl an submitter presents facts which describe the factors beyond the !

5 control of the plan submitter and his or her agents, such as market

6 conditions, weather, technical difficulties or natural disaster, that have

7 ~ prevented feasible completion of the timber operation within the effective

8 period of the plan.

9 NOTE: Authority cited: Sections 4551, 4551.5 and 4562.7, Public

10 Resources Code. Reference: Sections 4512, 4513, 4525, 4551.5, 5093.50

11 and 2100l(f), Public Resources Code; Sections 100, 1243, 13000 and

12 13050(f), Water Code; Section 5650(c), Fish and Game Code.

13 2. Amend Section l 039. l to read as follows:

14 1039.l. Effective Period of the Plan

15 . The effective period of the plan within the meaning of PRC 4590 and 4591

16 is the 3-year period following the date the plan is determined to be in

' 17 ,! conformance or otherwise becomes effective pursuant to PRC 4582. 7.

18 Timber operations shall commence no earlier than the expected date of

19 commencement stated in the plan and shall be completed not later than the

20 expected date of cornpl et ion stated in the pl an, ~Fa¥:i-8e8, RaweYeF; tf\at

21 tRe-ela1:es-a'f-e0mmeAeemeRt-aA8-eam~l-e1:laA-a'f-tl-mee1=-AaF\lest:i-A§-e~eFat:i-eAs

22 · FeFeFFeel-te-:i-A-tAe-~l-aA-may-ee-ameAaee-ey-§:i-Y:i-A§-at-~eas1:-~9-eays-Aa1:~ee

23 lA-wF:i-t:i-A§-ta-tAe-9:i-Fee1:sF-~F:i-sF-ts-tRe-ex~eetea-elate-~Fa~esea-ta-ee

24 ehaA§eelT except under the following conditions:

25 a) An amendment to change the completion date stated in a plan has

26 been submitted to the Director at least ten (10) days before

27 !, the expected date of completion.

COURT PAPER :.TATE OF' CA.Llf'ORNIA STD 113 fREV. 0.121

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b) An amendment to extend the effective period of a plan beyond

three years is submitted in compliance with PRC 4590, which

3 i includes a map showing cl early the area pertaining to the request

4 for extension.

5 Upon receipt of such Ae~iee amendment, the Director shall determine

6 whether the change in date constitutes a substantial deviation of the

7 plan. An extension of time is presumed to be a minor deviation, provided

a the extension does not lead to practices that constitute a substantial

9 deviation, as defined in Section 1036, 14 CAC. If the Director determines

10 that such change of date cor.stitutes a substantial deviation, then the

11 i Director shai 1, prior to the date to be changed, so notify the person I

12 submitting the plar.. In this case, an amended plan sha11 be submitted

13 and no timber operations shail be conducted pursuant to such proposed

14' change until such amendment is found in conformance with PRC 4582.7.

15 :I N0-ameAameAt-0F-tAe-e~13eetee-eate-0F-eem13+etieA-eF-tim~eP-AaPYestiA§

•: 16 ; e~ePatieAs-sAa++-a~tAe~i~e-epe~a~ieAs-~eyeAe-tAe-tePffitAat~eA-eF-tke

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" 17 ;I eF'feeHve-~ei=iee-0'f-tl1e-13laA-: 'i

18: NOTE: Authority cited: Sections 4551, 4553, 4590 and 4591. Publi-c

19 :; Resources Code. Reference: Sec ti ans 4582. 7, 4590, 4591 and 4591.1,

20 '; Public Resources Code. '

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COURT PAPER STAT£ or CALl,OANIA l

S'To 113 1Ait:v e.121 ·

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RULEMAKING FILE

FOR ADMENDMENTS OF

14 CAC 1039.1 AND 895.1

CONCERNING EFFECTIVE PERIOD AND GOOD CAUSE

TABLE OF CONTENTS

CERTIFICATION OF CLOSURE •........................•.....••.....•.... 1 UPDATED INFORMATIVE DIGEST .......••......•••.............•.....•... 2

FINAL STATEMENT OF REASONS Statement . .................................................... 3 Adopted Lanquage . •..........................•.....•.....•..... 5 Response to Comments Durinq Public Hearinq •.....•............. 7 Response to Comments Received in Correspondence ............... 9 Response to Comments Received after 15 Dav Notice ..•.•....••.. 10

COMMENTS Minutes of Public Hearina ................................ .... . 11 Correspondence Rece 1 ved . ..•................................... 15 Correspondence Received after 15 Dav Notice .....•••......•.... 22

CHANGES TO RULE LANGUAGE NOTICED FOR 15 DAYS Draft showinq chanaes requested by the Board on February 4, 1986. Cover letter dated February 11, 1986 .•..... 23 Affidavit of mailed Notice .........................•.........• 26

BOARD MINUTES Excerpt of minutes, March 5, 1986 ........•••......•.•......... 27

~NOTICES Affidavit of mailed Notice .........................•......••.. 30 Notice of Proposed Changes ...•................................ 31 Material Related to Newspaper Notice .........•.....••••....•.. 33

INITIAL STATMENT OF REASONS Statement . .................................................... 34 Draft Language . ............................................... 36

Certification of Closure

I, Dean Cromwell, Executive Officer of the Board of Forestry, certify that the rulemaking file of which the contents are listed above is complete and the record was closed on June 26, 1986, and that the attached copy is complete.

~Cl-~~ Dean A. Cromwell Executive Officer

~ Updated Informative Diqest

The Board deleted Section (b) of the proposed definition of qood cause. They also chanaed lanquaqe which required the plan submitter to "present facts which convince the Director" to "present facts which describe".

The Board deleted the word original from the proposed amendment to 14 CAC 1039.1. The Board added to the proposed amendment requirements to submit a map showing areas pertaining to the extension and a sentence which stated that extensions were presumed to be minor deviations unless they led to practices that constitute a substantial deviation as defined in 14 CAC 1036.

Except for these changes the original Informative Digest applies. Please refer to the text of the Public Notice.

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FINAL STATEMENT OF REASONS

FOR AMENDMENTS TO RULES CONCERNING EFFECTIVE PERIOD AND GOOD CAUSE

I. PROBLEM DESCRIPTION

Public Resources Code (PRC) Section 4590 defined the effective period of a timber harvesting plan (THP) as no more than three years. PRC 4591 stated that a THP amendment could not extend the effective period of the plan.

Senate Bill 398 (Chapter 891, 1985) amended PRC 4590 to allow for an extension for one year, up to a maximum of two extensions, if (1) good cause is shown and (2) all timber operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations. PRC 4591 was amended to allow a THP to be extended by an amendment.

California Administrative Code (CAC) Section 1039.1 stipulates the THP completion date cannot be amended beyond the ~hree year effective period of the plan. This section therefore does not conform to the amended PRC 4590 and 4591. Also, "good cause is shown" is not defined in existing rules and regulations.

II. SPECIFIC PURPOSE AND STATEMENT Q[ NECESSITY FOR PROPOSED ACTION

The purpose of the amendment to Section 1039.1 is to bring it into conformance with th.e amended PRC 4590 and 4591. The section is amended to allow an· extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590. The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The arcendment includes a requirem:mt to sul:rnit a map shc:Minq the area pertaining to the extension request. This is necessary in order for the Departrrent of Forestry to be able to evaluate the areas already completed and any i:;x::>ssible significant effects that might result from extending the time. The anendment also specifies that a request is presurred to be a minor deviation unless it leads to practices that constitute a substantial deviation as defined in 14CAC1036. This is necessary in order to direct the Departrrent of Forestry as to the Board's intent in the processing of requests while retaininq with the Departrrent the authority to determine if a significant effect may result.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC. Section 895.1 of the CAC is amended to include the definition "good cause is shown 11

, as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all forest districts.

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A definition is necessary to prevent differences of opinions between the plan sul:mitter who rec:ruests an extension and the Director who nust decide if the r~est shows "qood cause". The anendrrent would de£'ine "good cause is shown ii as the subnission by the plan subnitter of facts which describe factors beyond the control of the sul:r.ti.tter that orevented the cx:r.ipletion of the operation. Examples of the5e factors, (market conditions, weather, technical difficulties or natural disaster) are given to help clarify the definition.

III. RELEVANT DOCUMENTS None

IV.

v.

POSSIBLE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS

The proposed amendments pose no significant adverse enyironmentaJ_effects as they are procedural and explanatory.

POSSIBLE MITIGATION MEASURES

None are required as explained in IV

VI. ALTERNATIVES

A. Accept proposed amendments B. Make no change. This alternative would create confusion in

the implementation of the PRC Sections 4590 and 4591 as no one would be sure of the definition of "good cause". Also there would be a contradiction between CAC Section 1039.1 and PRC Sections 4590 and 4591.

VII. COSTS OF THE PROPOSAL

There are no additional net costs to any State agency nor any state-mandated costs to local agencies of government that require reimbursement under Section 2231 of the Revenue and Taxation Code because of any duties, obligations; or responsibilities imposed on state or local agencies. This order can be accomplished with no additional net costs or such costs are entered into voluntarily. This order does not create any savings or additional costs of administration for any agency of the United States Government over and above the program appropriations made by Congress.

There are no mandates to local governments or school districts. The proposed rule changes will result in undeterminable cost savings on private persons

VIII. IMPACT ON HOUSING COSTS AND BUSINESSES

IX.

The proposed action will not have a significant effect on housing costs or small businesses.

STRIKEOUT AND UNDERSCORE (See next pages)

COURT PAPER

l l. Amend 14 CAC 895. l by adding the following new definition in alphabetical

2 order:


4 1 the plan submitter presents facts which describe the factors beyond the

5 . control of the plan submitter and his or her agents, such as market

6 conditions, weather, technical difficulties or natural disas'er, that have

7 prevented feasible completion of the timber operation within the effective

s period of the plan.

g NOTE: Authority cited: Sections 4551, 4551.5 and 4562.7, Public


11 and 21001(f), Public Resources Code; Sections 100, 1243, 13000 and


13 2. Amend Section 1039.l to read as follows:

14 1039. l. Effective Period of the Pl an

15. The effective period of the plan within the meaning of PRC 4590 and 4591

16 :, is the 3-year period following the date the plan is determined to be in l!

17 .I conformance or otherwise becomes effective pursuant to PRC 4582.7.

18 ; Timber operations shall commence no earlier than the expected date of

19 1 commencement stated in the plan and shall be completed not later than the

20 · expected date of completion stated in the plan, pPavi-aea, haweveP; tl:iat

21 tAe-aates.-0f:-eem1ReAeemeRt-aAe-ee1Rp+eti-0A-0'f-t°4-1Reei=-Aai=Yes. UA9-013ei=at'i-eA5'

22 ., Pe'fei=i=ee-t0-'i-A-tl:ie-13taA-may-ee-ameAaea-ey-9i-Yi-R9-at-teast-+8-aays-AeUee 'I

23 • iA-wPi-ti-A9-t0-tl:ie-Qi-Peetei=-pi=i-ei=-te-tl:ie-expeetee-aate-13i=e13esea-te-ee I " 24 : el:iaR9ea ... except under the follO\vi ng conditions:

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a) An amendment to change the completion date stated in a plan has

been submitted to the Director at least ten (10) days before

the expected date of completion.

STATE OF CALIFORNIA , Sro 113 tR£V_ e,.121 :.

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COURT PAPER 5TATC or CALIFORNIA

STO 113 tRCV 9-721

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b} An amendment to extend the effective period of a plan beyond /


includes a map showing clearly the area pertaining to the request

for extension.

Upon receipt of such Ret~ee amendment, the Director shall determine

whether the change in date constitutes a substantial deviation of the

plan. An extension of time is presumed to be a minor deviation, provided

the extension does not lead to practices that constitute a substantial

deviation, as defined in Section 1036, 14 CAC. If the Director determines

that such change of date constitutes a substantial deviation, then the

Director shall, prior to the date to be changed, so notify the person

submitting the plan. In this case, an amended plan shall be submitted

and no timber operations shall be conducted pursuant to such proposed

change until such amendment is found in conformance with PRC 4582.7.

e~eFatleRs-skatt-a~tkeFlfe-e~eFat~eRs-seyeRa-tRe-teFffilRat~eR-ef-tRe

eiieet~ve-~eFlea-eF-tRe-~taA~

NOTE: Authority cited: Sections 4551, 4553, 4590 and 4591, Public

Resources Code. Reference: Sections 4582.7, 4590, 4591 and 4591.1,

Public Resources Code.

Ill

Ill

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Responses to Comments Received During ?ublic Hearing

1. The Northern DTAC recommended that language reauiring the sub~itter to present "facts which convince the Dire~tor that factors beyond the control of the submitter nrevented comnletion of the plan " be changed to 11 facts which des~ribe unforse~n factors". The Board agreed with Northern DTAC that the convince the'Director was not clear criteria and substituted "facts which describe the factors beyond the control of the submitter". Thev didlnot feel that substituting "unforseen factors" for ''beyond -the control of" made the definition clearer and in fact was less clear.

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2. \ The Northern DTAC suggested the deletion of Section (b) of the good cause definition. The Board agreed as this determination would be made while complying with 14CAC1036, 1030, and 11040. It also is a procedural requirement and should not be included in a definition.

3. i The Northern DTAC suggested that the word "original" be remo~ed from Section 1039.1 as it would prevent a plan from being e:-:tended if the original completion date had been changed. The Boarf agreed and deleted this requirement.

~. The Northern DTAC suggested adding additional requirements to include a statement agreeing to comply with provisions of the Act and Rules and to submit a man showing the area to be extehded. The 3oard did not adopt the requirement for a statement agreeing to comply because this compliance is required by PRC 4590 and does not need agreement from the submitter. The Board accepted the suggestion to require a map as it would facilitate review by CDF.

5. The Northern DTAC suggested adding a sentance to 1039.1 indicating a request for extension would normally be considered a minor deviation unless it led to a substantial deviation as defirted in 14CAC1036. The Board agreed with this suggestion as .• I ..... b &. '• ..... ·- t d' S .... ~nere seemea ~o e con.us1on in ~ne inaus ry an oy ena~or

Nielsen as to how CDF would handle these requests.

6. The Coast DTAC agreed with the Northern DTAC except they recommended that the language in the good cause definition requiring the submiter to present facts which convince the Director be deleted. See response 1.

7. .The Southern DTAC agreed with the other DTAC's except they suggested the good cause language "which convince the Director" be cfuanged to "which describe". The Board agreed. See response 1.

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8. l Mr. Ken Delfino commented for the Department of Forestry. The~ agreed with the DTAC suggestions except they did not agree with the suggestion to add a requirement that the s~bmitter state he ~grees to comply with the Act and Rules as this compliance is reqrired by PRC 4590. The Board agreed, See response 4.

9. 1

Mr. Delfino also commented that the Department must retain the authority to determine if an extension request is a minor or a substantial deviation. The Board agreed and determined that theladdition of the explanatory sentence stating that a request is bresumed to be a minor deviation would not infringe on this autforitv. See resoonse 5.

10. I Mr .• Jim Steele-of the Department of Fish and Game sa1a they supported the original language and did not support the requirement to delete section (b) of the good cause definition. The Board disagreed and deleted section (b). See response 2.

ll. Mr. Jere Melo, Georgia Pacific Corporation, stated they agreed with the DTAC recommendations. See responses 1, 2, 3, 4, and 5.

12. Mr. Roy Richards said he believed ''good cause" was just the nee to log and he agreed with the DTAC recommendations. The Boa d believes that "good cause" implied more than just the need or ~e~ir7 to log by a submitter or it would not have been in the leg1\s~at1on. See responses 1, 2, 3, 4, and 5.

I 13.t 'Mr. Fred Landenberger, CFPA, said they supported the DTAC reco mendations. See responses 1, 2, 3, 4, and 5. They also feel that the reference in 1039.1 to comply with PRC4590 should be d~leted and the requirements of 4590 be written out in 1039.1. The Board did not agree and believed this would be redundant as PRC4~90 was readily available to those persons using the rules of the Board.

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Responses to Comments Received During Review Period i

1. I Senator Jim Nielsen commented in his letter of January 15, 198

16 that it was not his intention to create a situation where an

oue~ation would be so chanaed as to reauire discretionarv app:Z-oval by the state. Th~ Board agre~d with Senator Ni~lsen and added language that indicated an extension reauest would normallv be presumed to be a minor deviation. The Boa;d left with the · Depf rtment of Forestry the authority to determine a request could lea· to practices that constitute a substantial deviation.

2. A letter from Director Partain of the Department of Forestry dated January 24, 1986 stated their belief that a definition was nee~ed for good cause. They did not feel that section {b} of the definition was necessarv as other sections of the CAO address the pre~ence of significant.adverse impacts. The Board agreed with theiDepartment on these two points and adopted a definition of good cause which deleted section {b}. The Director's letter also comfuented on suggestions that extensions of time should aut?matically be considered minor deviations by giving examples of instances that might lead to substantial deviations when a plah is extended. The Board added language that said a request forlextension is presumed to be a minor deviation unless it leads to tonditions that are defined as substantial deviations in

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14CAC1036. The final decision of whether a request leads to I

these conditions remains with the Director. i

3. I A letter dated January 28, 1986 from Fred Landenberger, CFPA, contained recommendations for changes to the two sections. The~e suggestions were the same as suggested by the Southern DTAC dur~ng the Public Hearing. See responses 1, 2, 3, 4, and 5 to

I .._ • d • • .._, • • TT • .... • .._. commen~s receive aur1ng ~ne near1na. ne a~so sugges~ea ~ne

d • ! t . ~ t" • ....h t 1 . 7- ~ .... . . ~ . . t . a a1 ion o.i. ne wora ~.:..a on .ine 0.1. ~ne gooa cause ae.1.1n1 1on. Thi~ was accepted by the Board at it's final adoption.

4. i A letter dated January 28, 1986 from Jere Melo, Georgia Pacific Corooration, recommended the reauirement that the ulan sub~itter o;esent- facts which convinced the Director be deleted fro~ the definition of good cause. The Board agreed that a chaAge was needed and substituted the word describe for convince the!Director. The rest of Mr. Melo's suggestions were the same as ~hose suggested by the DTAC's at the public hearing. See restionses 1, 2, 3, 4, and 5 to comments received during the -, public hearing.

Responses to Comments Received Durring 15 Day Review Period

A l~tter dated February 27, 1986 from Michael DiRoma of the Cen~er for Public Intrest Law recommended that section (b} of the good cause definition not to be deleted. They feel that it she l1a be retained in order to require careful planning of timber ope ations and subsequent extensions. The Board determined that this was not necessary due to the requirements that already exist

bstantial and minor deviations in sections 1036, 1039 and of the CAC. These requirements give clear direction as to

how hese deviations will be treated and contain more than suff'cient reference to significant effects on the environment.

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Board of Forestry Minutes of Public Hearing

Proposed Adoption of 14CAC 1039.1 and 895.1 Effective Period of TEP and Definition of Good Cause

Held February 4, 1986 at the Resources Building, Sacramento, California

Board Members Present Harold R. Walt, Chairman Jean E. Atkisson Roy D. Berridge Clarence Rose Joseph Russ Jack Shannon Henry Trobitz Carl Yee

Cha~rman Walt opened the public hearing and called on Mr. Dennis Orr'ck to introduce the proposal.

Mr. Orrick read into the record correspondence received during the written comment period: a letter from Fred Landenberger, CFP , suggesting changes to the language; a letter from Senator Jim Nielsen explaining his rationale in authoring SB 398; a let er from Director Jerry Partain CDF, explaining their position on he proposal; a letter from Jere Melo, Georgia Pacific Corp., reco~mending changes in the language. Mr. Orrick read the proPiosed amendments and explained that the rule implements SB 398 allow~ing an extension of the Effective Period of a TH? for good cause. The proposal also adds a definition of good cause which was .ot defined in SB 398.

Chai man Walt requested comments from the three District Tech~ical Advisory Committees.

Mr. uir presented the Northern DTAC 1 s recommendation. They sugg sted that for the "good cause" definition, Section (a), line 4 an 5, the ''convince the Director that factors beyond the cont~ol of 11 language should be changed to "facts which desc~ibe unforeseen factors". They recommended deletion of Sect'on (b). The DTAC recommended that the proposed amendment to Sect·on 1039.1 be changed by removing the word original from line 26 o (a) as it would prevent any plans from being extended that

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may have had the original date changed. They suggested aaaing to poiit (b) requirements to include a statement agreeing to comply

• .i-J. • • .:: .... .j., • • • ... • • •

w1~~u provisions o~ ~ne ac~ ana rules ana ~o require a map snowing are to be extended. They also suggested adding to line 5 on the sec nd page the sentence, "An extension of time is presumed to be a m nor deviation, nrovided the extension does not lead to

I .i- • t• .._ ~ • t t b .i- t • l • • .._ . . .t: • • • praq~ices na~ cons~1 u e a su s~an ia aevia~ion as ae~inea in 14 ,AC 1036".

Mr. Bob Dean presented the Coast DTAC's recommedation. They agried with the Northern DTAC recommendations except in the "good cau e 11 definition Section (a). They recommended deletion of the req irement that the submitter present facts which convince the Dir ctor but left in "beyond the control of" language.

Mr. Bob Maben reported for the Southern DTAC who also agreed with the Northern and Coast except for Section (a} of the "good cause 11

definition. They recommended leaving in the requirement that the sub 1itter present fact5 but changed "convince the Director" to 11 wh ch describe". They did not recommend changing the 11 beyond the control of 11 language.

Mr. Ken Delfino reported for the Department of Forestry and sup orted Section (a) of the good cause definition and agreed wit~ deletion of Section (b). The Department agrees with the DTAT's that the word original should be removed from line 26. The believe that the requirement to comply with provisions of the act was already required by PRC code section 4590 and should not be repeated. They agreed with the suggestion to provide a map with the request. Mr. Delfino said the Department believes tha they must retain the authority to determine if a request for tirn extension is a major or a minor deviation to the THP. He bel eves that the change suggested by the DTAC 1 s still allows that determination. If that is the case thev are not oonosed to addf tion of that language. ~ --

Chairman Walt asked Mr. Delfino if this proposal with this new lan·uage complies with Senator Nielsen's letter regarding dis retionary approval.

Mr. Delfino said yes it does ana 1n almost all cases an extension wil' be considered a minor deviation, but there may be a sit ation with additional circumstances where it becomes a major deviation.

Mr.I Jim Steele, for the Department of Fish and Game, said they supported the original language and were surprised at the obj'ctions to Section (b) of the good cause definition. They did

/2-

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not see a problem with convincing the Director that significant imp cts will not occur.

Mr. Shannon asked if this requirement was contained elsewhere in the rul s.

Mr. Delfino said the Department feels that this is required by Sec ions 1036, 1039, and 1040 of the CAC. The determination of whe her it is or is not a minor deviation includes the review of whelher there is a significant impact.

Mr. Steele saia ne feels that the submitters should be required to tate that there is no impact.

Mr. Wilhite, staff to the Board, said during DTAC discussion it was pointed out that Section (b) was a procedural rule and really did not belong in a definition.

Mr. Delfino said that 14 CAO 1036 specifically defines a minor dev~ation and that the Department has had no problems in the determination.

ChaJrman Walt opened the hearing to the public for testimony.

Mr.JJere Melo, Georgia Pacific Corporation, said that they agree wit~ the DTAC's recommendation especially the elimination of Sec ion (b).

Roy too He hav the

Paul Bunyan Lumber Company said he believes that much time is being taken with the definition of good cause. elieves that good cause is just the need to log and should nothing to do with unforeseen circumstances. He supported

•TAC recommendations.

Mr. red Landenburger, CFPA, indicated that they supported the recommendations. He said that the reference to comply with

Section 4590 of the PRC should be deleted and the requirement written out in the rule. He did not feel that a regulation sho·ld force a person to look up another regulation in order to comply with the one they are reading.

if there was anyone else present who wished was none.

Chai_man Walt asked to t~stify. There

Dr. _ee moved that the hearing be closed. Mr. Russ seconded. All ere in favor. The hearing was closed.

J3

Ch irman Walt suggested that it appeared that most of.the suggestions for change seemed to agree and asked Mr. Orrick if he wo;'ld put together a consensus draft and present it to the Forest Pr ctice Committee for review. The points of agreement would be th deletion of Section (b) of the definition of good cause, de~etion of the wording convince the Director in the definition, re~oval of the word original from 1039.1, addition of a map reauirement to 1039.1 and addition of a sentence that states the reJ~est for extension is presumed to be a minor deviation to 1039.1. The Committee would ~eport back to the full Board during the next days meeting.

r the Forest Practice Committee presented a revised draft the d authorized staff to prepare a 15 day notice of the changes

and put the adoption of the rules on the march meeting agenda.

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STATE CAPITOti. STATE OFFICE:

SACRAMENTO, CALIFOR IA 958 14 AREACODE91 ~.ennt.e 1 ITH AND L BUILDING

SUITE425 SACRAMENTO.CA 95814 1916144:5-4134

...

4415-3353

ainl if.ornin lil.egislntur.e

JIM NIELSEN REPUBLICAN FLOOR LEADER

January 15, 1986

Mr. Harold R. Walt, Chairman Boa d of Forestry 141~ Ninth Street Sacramento, California 95814

Dea~ Mr. Walt:

Rfl'efWdby State Board of Forestry

'JAN 16 1986

\ It has come to my attention that your Board is contemplating adoption of rules pertaining to the implementation of Senate Bill 398 which I authored last year.

It seems important to emphasize the intent of that bill as I saw it. The intent was to allow continuation of a timber harvesting plan which, due to unforeseen circumstances beyond the control of the timber owner or operator, had been unable to be completed within the statutory time limits prescribed by the Forest Practice Act.

Other than the mere extension of time in order to complete the operation as it was originally planned, it was not my intention to create a situation where an operation would be so cha11 ged in nature as to require discretionary approval of the ext nsion by the state.

My best wishes for the New Year to you and the members of your Board.

cc: All Board Members

STATE Of CALIFORNIA-THE RESOURCES AGENCY GEORGE DEUKMEJIAN, Go~mor

I

DEPARTMENT OF FORESTRY 1416 NINTH STREET I

~ACRAMENTO, CA 195814

) ( 916) 32210176

~ )

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January 24, 1986

Hlnorable Harold Walt, Chairman I

State Board of Forestry 1~16 Ninth Street, Room 1506-14 Sacramento, CA 95814

olar Hal:

I - · t 11 · The Department h~s the o owing comments concerning the I

r~les to be heard on February 4, 1986 to implement the re-q irements of Senate Bill 398. A definition for the phrase " ood cause is shown" is supported by the Department. There h~ve been differences of opinion over the meaning of the p~rase as used in PRC 4590, which reenforces the need for a clear definition in the Administrative Code.

I

S~bsection (a} of the definition provides clarifying information needed to implement PRC 4590 by plan submitters and the Department. It establishes that an extension must be for more than the convenience of the plan submitter, and that the Director must be convinced of the need for the extension. subsection (b) is unnecessary. Forest Practice Rules (14 CAC 1036, 1039, and 1040) already address amendments that could h~ve significant adverse environmental impacts. Amendments t~at could have significant adverse impacts are required to be treated and acted upon by the Director in the same manner a$ a Timber Harvesting Plan.

I There has been discussion that the changes to 14 CAC 1039.1 should also include direction to the Department that extensions of time should be considered a minor deviation. Normally, extensions of time are minor deviations, however,

I • there may be exceptions. Conditions can change during the three-year life of a plan, which may require a more detailed

I review. A few examples are:

1 l Rules have been amended. Amended PRC 4590 requires compliance with rules in effect when application for extension is made. Under PRC 4583, the area may previously have been partially harvested under earlier rules.

2~ A road constructed early in the conduct of a plan has become blocked by an unforeseen slide and must be reopened to complete the extension. Perhaps the road should be relocated or at least redesigned.

lb CONSERVATION IS WISE USE-KEEP CALIFORNIA GREEN AND GOLDEN

@ R 17

Hjnorable Harold Walt I

2 January 24, 1986

3. New additions to the list of rare, threatened, or . endangered species may require additional protections. PRC 4590 requires, with the time extension, that the timber operation comply with any new rules •

. ' 4. Fire, insects, winds.torm, etc., may have so altered stand

conditions as to requir.e. reconsideration of silvicul tural systems and logging methods .

. : :

T e result is that the Department does not see how time e tensions can automatically be considered minor deviations s~nce a few:extensions have the potential for serious

I

iipacts.

Department staff I the Department's

will be available at the hearing to discuss position.

.1ERRY PARTAIN Director

m

A tachment

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CALIFORNIA FOREST PROTECTIVE ASSOCIATION Senator Hotel Office Building • 1121 L Street, Suite 307 • Sacramento, CA 95814

I (916) 444-6592

January 28, 1986

Board] of Forestry 1416 Ninth Street Sacramento, CA 95814

I Re: Hearing on 14 CAC 1039.1 and 895.1 I .

Ladies and Gentlemen:

We wi~I h to submit recommendations on this proposed rule amendment which are similar to the recommendation of the Southern DTAC. A marke copy is enclosed.

On line 4-5 of the first page, "convince the Director that" is stric~en because it is a subjective term not appropriate to a definition. The word "describe" is inserted on line 4.

On lihe 7 "that" is inserted, and "and" is deleted.

Subsebtion (b) is deleted on lines 9~11 because it is redundant. This tequirement is essentially contained in Sec. 1039.1.

On lihe 26 "original" is deleted because it is not needed, and it may cbnflict with a second extension should one occur.

On pa~e 2, line 2 an explanation is added on some of the provisions of PRC 4590 which would be useful to have in the rule, the reference to the agreement to comply, and the submission of a map showing the area involved in the extension.

On pake 2, line 5 there is an insertion to the effect that an extension of time is presumed to be a minor amendment, provided the ektension does not lead to practices that constitute a substantial devia~1 ion, as defined in 14 CAC 1036. If the extension constituted a maj r amendment, it would force the plan to go back through the statul ory review process.

We appreciate this opportunity to comment on the proposed rules.

Since~ely, JA~,·,{ t4'-j_c,, Le.<-;~,~

Fred LandenbergerJ

enc.

(9

"' '( l

~ (Ci.A 1-28-86)

1. Amend 14 CAC 895.1 by adding the foll~ing new definition in alphabetical

2 order:

3

4

5

6

7

8

9

10

11

12

"good cause is shown" as used in PRC 4590 means when: describe

a) the plan submitter presents Dirceter

~ factors beyond the control of the plan submitter and his or her

agents, such as market conditions, weather, technical difficulties or that -

natural disaster, 1have prevented feasiele completion of the timber ---- -------·----- -··----· ..

9~ration wi thjn I.he E:>ffC'C"t ive pc>ricx1 of thr" pla~; ~

bl t:fle ~laA subfflitter eeR'>'iRees tAe Director that Re si~~fieaRt

ef'l •. ·-L_ .. eF1-""°R'"-a1 '=a ..... • .; , , ,...,,...,...,,,.,.. as a , .. /: ,,. ...:i • '"'"' ... • ... -- ·-:i::---,.,....,.---:t """'!"" ""'"" •s:ll::t ....,.,....,. reS\:l:tt 9- el'C"t:9flul:R<jf u.1C cl:i'1"!9 c9

ee~leee E:fie e~eratioR.

Amend Section 1039.1 to read as follows:

13 1039.1. Effective Period of the Plan

~)

14

15

The effective period of the plan within the meaning of PRC 4590 and

4591 is the 3-year period following the date the plan is determined

16 to be in conformance or othP.rwise becomes effE'Ctiv("' purswmt· to rnc

18

19

20

21

22

23 I

24 I 25 i

::::.. 261

r 27

COURT PAPER GTAT• Oii' CA.\..IPO•NU• SfO ,,3 .nr:v A-'12•

I

date of corrmencement stated in the plan and shall be completed no

later than the expected date of completion stated in the plan, ~~e~~eee,

de~e-~~epesed-te-be-e~en9ee~ except under the following conditions:

a) An amendment to change the completion date stated in a plan

has been submitted to the Director at least ten (10) days before

the srieiRa:-exoected date of completion.

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b) An amendrrent to extend the E>ffective oerisxl of a pla'l

bevond three vears is submittecI in cgnplfance with PP,(' 4590. }\

3 Upon receipt of such l'\Ot~ee amendment, the Director shall determine


6

7

8

9

10

11

12

13

14

15

16

17

18

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21

22

23 · 1

24

25

26

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plan.!\ If the Director determines that such change of date constitutes

a substantial deviation, then the Director shall, prior to the date to

be changed, so notify the person submitting the plan. In this case, an

amended plan shall be submitted and no timber operations shall be

conducted pursuant to such proposed change until such amendment is

found in conformance with PRC 4582.7. No-omen0rnent-of-the-expeeted

NOTE: Authority cited: Sections 4551 and 4590, Public Resources Code.

Reference: sections 4582.7, 4590, 4591 and 4591.1, Public Resources

Code.

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which includes nrovisions for (1) an agreement to comnly with the act and rules as they exist on the date the· extension is requested, and (2) a map is submitted ~hewing clearly the area pertaining to the request for extension.

An extension of time is presumed to be a minor amendment, provided the extension does not lead to practices that constitute a substantial deviation, as defined in 14 CAC 1036.

f""'•ATPAPER 11: or CA ~lrO•MU 113 •"CV & 0 'J1•

20

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Georgia·Pacific Corporation 90 West Redwood Aven11e Fort Bragg, California 95437 Telephone (707) 964-5651

January 28, 1986

Mr. uaJold Walt, Chairman California State Board of Forestry 1416 N~nth Street SacramJnto, CA 95814

I

RE: Public Hearing E~fective Period of a THP February 4, 1986

I Dear Mrl. Walt:

Georgia1Pacific Corporation has reviewed the proposal to revise 14 CAC 895.l and 1039.1. In addition, we have reviewed the comments of the Coast and Northerr ~TACs. we recommend the following:

1. For\ 14 CAC 895.1, we recommend that the definition adopted should be that of tlhe Coast DTAC. It would read as follows:

"good cause is shown" as used in PRC 4590 means when

I

. factors beyond the control of the plan submitter and his or her agents, such as market conditions,

1

weather, technical difficulties or natural disaster have prevented feasible completion of the timber

I operation within the effective period of the plan.

we recommend that subparagraph (b) as shown in the hearing draft [lines 9-11 on Page l] not be adopted. We understand both DTACs came to that conclusion, andf that the Department will recommend this. We believe subparagraph (b) is not necessary, and it is not necessarily consistent with SB 398.

I

2. ForlSection 1039.1, we recommend that you adopt the language proposed by the Northern DTAC- The Coast DTAC endorsed this same language at their mee ing on January 23. We believe that the recommendations of the DTACs arelmore consistent with SB 398 than the draft language as proposed.

Thank you for the opportunity to comment on these regulations. I

JLM:mm

Sincerely,

•1 A \..

/Lk.L x.· /f~Llo /J,'/,//'v' 7

jere L. Melo Division Forester WESTERN WOOD PROD MFG California wood Products

Center [or Public Interest Law Universily of 0an Diego School ol' Law

ROBERT C. FELLMETH, DIR ECTO R

Califor9 ia State Board of Forestry 1416 Ninth Street, Room 1506-14 Sacramento , California 95814

RE: Comments on language for 14 CAC 895 . 1 Circulated dated February 11 , 1986 .

Gentlemen :

D Reply to: San Francisco Office

D Reply to: San Diego Office

February 27 , 1986

We wish to submit a recommendation on the above referenced rule amendme t .

It is our position that Subsection (b) of the good cause definition not be deleted, as proposed.

We are aware that the Board wishes to de lete the Subsection because it is redundant . We feel that its i ncl usion constitutes a clear criteria for the RPF to address. The requirement of Subsection (b) is paramount to the careful planning of every timber harvesting operation , and subsequent extensions .

We ~ould appreciate your addressing our comments in your Final Statement of Reasons .

Sincerely,

MD : dgr

£,.7-15 35 Mission Street, San Francisco. California 94103 (415) 431-7430

Alcala Park, San Diego. California 92110 (619) 260-4806/(619) 260-4600 Ext. 4383

• RF.SOURCES ACE!\'CY'

TO:

FROM: I

SUBJ CT:

§tute of C!tuliforniu

iBoarb of IJrorestry 1416 NINTH STREET

SACRAMENTO, CALIFORNIA 95814

February 11, 1986

MEMBERS OF THE PUBLIC

Board Staff

GEOHGE DEUKMEJIAN GOVEllNOR

Language for 14 CAC 895.1 and 1039.1 circulated under 15 day requirement of the Government Code.

On Ffb 4 and 5, 1986 the Board of Forestry discussed proposed lang~age for Section 895.1 and 1039.1, Title 14 of the California Administrative Code. The proposed regulations dealt with changes required as a result of tpe passage of Senate Bill 398. Added to Section 895.1 was a defin~tion of "good cause is shown." Section 1039[11 was amended to allow an extension of the effective period of a plan beyond three years.

Based on testimony received during the hearing the Board proposes to adopt the language with several modifications. Subsection (b) of the good cause definition was deleted. The word original was deleied from Subsection (a) of 1039.1. A requirement to include a map was added to Subsection (b) of 1039.1. An explanatory sent~nce was added to 1039.1 making it clear that a request for extebsion of time is presumed to be a minor deviation unless cert+in factors occur. The proposed language is shown in the atta¢hed draft with the changes shown in handwritten form.

I • . h The Board intends to adopt the language as shown in t e attached draft on March S, 1986, during the meeting held at the Holiday Inn,1611 Ocean Street, Santa Cruz, California. This language is made available for public informtion pursuant to Section 1136 .8(c) of the Government Code. The Board will receive comments on these changes at it's above listed Sacramento office addr~ss from February 14, 1986 through March 3, 1986. The Public hearing has been closed.

Sincerely yours,

Dennis Orrick County Liaison

:, 1·

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3 ·I

4 I

51

Amend 14 CAC 895.1 by adding the following new definition

order:

in alphabetical

"good cause is shown" as used in PRC 4590 means wh~n:~

~ a) the plan submitter presents facts which GO ... ,,~ nee .. 1- - J: __ 01;.-1-


6 agents, such as market conditions, weather, technical difficulties or

7 natural disaster, have prevented feasible completion of the timber ·-------- ---- -· -·--~-- ... ·-·-·-- -· .. -- ...

8 OP2ration within th~ t>ffcct ive pc>ricxl of the plan+o .11·..i • - --·-------------·-·----·- ·----

9 Ll1- f.ililR e'etk~itt@r 88P1sifl89S ~ho pjroctor '-h-'- Ng eig11i£.:.ca~1t

10

11 r-O[Dplote tt,a epczatium

12 2 Amend Section 1039.1 to read as follows:

13 1039.1~ Effective Period of the Plan

14

15

The e~fective period ~f the plan within the meaning of PRC 4590 and


16 to be in conformance or otherwise becomes ef feet i vc:> pur.suant· t·o· rm-:

17 4'>fi2.7. 'T'irnb0.r operation;, :•hall conun"nrC' no 0.=n-li<·r· lh;m lhr <'Xpc'<'lc'li

18

19

20

21

22

23

26

27

COIJRT PAPER :;TA.Tiit 0,. CA.t.l"IANJA STt> ,13 1llf.V fl.'72•

date of commencement stated in the plan and shall be c.ompleted no

• later than the expected date of completion stated in the plan, ~~evieee,

however;-that-the-date~-of-commencement-and-compietion-of-timber

date-E'~e~secl-te-be-ehaM9eeh except under the following conditions:_

a) An amendment to change the completion date stated in a pla~


the liila~qicz:i?l•expected_date of complet:i.on.

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3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

r"' •:<..tvftT PAPER '.fAT£ or CAl.IFOANIA •fU 113 1PEV ff,J2•

oar

bl An amendment to extend the effective period of a plan

beyond three years is sub!Dittea in compliance with PBC 4590.

~ w.t·h-4 0- ~ ~ ~ tf...t. ~ ~-to-tit. ~·.t ~ ·1't·¥~··~.

upon receipt of such neeiee amendment, the Director shall determine


determines that such change of date constitutes a substantial

deviation, then the Director shall, prior to the date to




found in conformance with PRC 4582.7. Ne-amendl!lene-0£-t:he-expeeeed

eperaeiens-beyeftEl-ehe-eel'l'ftinaeien-e£-ehe-e££eeeive-~~iea-e£-t:he-p!aft~


Reference: Sections 4582.7, 4590, 4591 and 4591.1, PUblic Resources

Code.

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AFFIDAVIT OF MAILING NOTICE

TO INTERESTED PARTIES

Caroline Keikoan ~--------------------------------------------~

, do hereby

s1ear that on February 11 0

, 19~, I mailed

a ~opy of the 15 day notice of change attached to this

affidavit to the Board of Forestry list of interested

pe~sons, to persons who commented on the original notice at

th~ public hearing, who commented during the review period,

orl, requested such notice.

(Signature)

June 10 , 19 8 6

(Date)

-.

MINUTES STATE BOARD OF FORESTRY SANTA CRUZ, CALIFORNIA

March 5, 1986

Members Present:

Membe s Absent:

Board Staff Present:

Departmental Members:

I I

I CALL TO ORDER

Harold R. Walt, Chairman Jean E. Atkisson Roy D. Berridge Clarence Rose Joseph Russ Jack Shannon Henry Trobitz Carlton s. Yee

Phillip s. Berry

Dean A. Cromwell Executive Officer

Robert G. Willhite Assistant Executive Officer

Caroline Keikoan Recording Secretary

Dr. Gerald Partain, Director Jerry Letson, Deputy Director Ken Delfino, Deputy Director Dennis Orrick

Chairlan Walt called the meeting to order at 8:10 a.m.

COMMU !CATIONS AND ANNOUN EMENTS

Mr. Orrick read the communications and announcements in Tab 2, attached to the minutes.

APPRO~AL OF MINUTES

ChairJan Walt called for approval of the February 1986 minutes.

86-1-1 Mrs. Atkisson moved for approval of the February

I minutes; Mr. Berridqe seconded. All were in favor and the minutes were approved as submitted.

I

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REPORT OF THE CHAIRMAN I

Chairman Walt waived his report and asked for a moment of silence for Maxine Jeffries, Assistant to the Director, who passed away the preceding month.

2-7

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86-3-4

I WITHD¥;WAL

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Luther f · 86-3-6 I

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Dr. Yee moved to accept the revocations; Mrs. Atkisson seconded; all were in favor and the revocations were accepted.

Marsh, Jr.

Mr. Russ moved to accept the withdrawal; Mr. Berridge seconded; all were in favor and the withdrawal was approved.

SAF CERTIFICATIONS FOR CONTINUING EDUCATION I

Edward r· Martin and James W. Whitfield

Mr. Jon Rea, of the Range Management Advisory Committee, said they had a meeti g on February 26 and 27. There is a public vacancy on the committee.

Mr. CroLwell said the Board would consider the vacancy in April. I

DISCUSS[ION OF PROPOSED FRANCIS RAYMOND AWARD I

Mr. Wil~hite said this item should be deferred. The Association of Consult[~ng Foresters said they did not support the Board being in the award b

1usiness, but would not actively oppose the proposal. CLFA also

was opplosed and will meet on March 8. He will attend and report back to the Board at the next meeting.

ADOPTION OF LANGUAGE FOR PROPOSED RULES DEA~ING WITH THE EFFEc;rvE

~~@~~P. ~~ ~i;~=~·~~:v~~~E~¥~~~ ;~~NT~~R~g~:~i~I~~yp~o;ig~~ C~USE IS

Mr. orJick introduced the revised language for 1039.1 and 895.1. He suggested a grammatical correction in 895.1 to add the word "that" on line 7 after the word "disaster". No comments were received.

86-3-81 Dr. Yee moved to adopt the language; Mr. Russ seconded Roll was called as follows:

Mr.

The the

i

Carl Yee Roy Berridge Henry Trobitz Jack Shannon Joseph Russ Clarence Rose Jean Atkisson Harold Walt

AYE AYE AYE AYE AYE AYE AYE AYE

Ortick read the findings as follows:

ad9ption of these rules will have no significant adverse effects on enyironment as they are procedural in nature or contain provisions

to mitigate their occurrence.

I

I -4-2 <i'

I There are no additional net costs or savings to any state agency, nor any lstate mandated costs to local agencies of government or school districts that require reimbursement under Section 2231 of the Revenue and

1

Taxation Code. There are no other nondiscriminatory costs or savings to local agencies. They do not create any savings or add' tional costs in federal fund i·ng to California. They do not impose mandates on local agencies or school districts.

I

TheiBoard of Forestry finds that the adoption of these rules will not have significant effects on housing costs or businesses and will have no adverse economic impact on small businesses and private persons.

I 86-3-9

I I

Mrs. Atkisson moved to adopt the findings; Mr. Berridge seconded~ all were in favor and the findings were approved.

DIS~USSION AND ADOPTION OF FIRE PLAN

Mr. I Letson presented the revised fire plan which was the subject of a Mon~ay. meeting of the Forest Protection Committee. The plan removes specific reference to the number of engines needed to establish a reserve engine fleet and contains revised p.y. requirements. The Dep~rtment has submitted a letter on the p.y. deficiencies identified to fhe Department of Finance.

Mr.I Rich Peters, Chief of Santa Barbara County, requested the Board to del~y the adoption of the fire plan as the contract counties had not hadi1 a chance to review the revisions. They were concerned that some of the analytical tools had not been validated. They would like the same lev 1 of support from CDF as exists now.

I

Dr.[ Partain said the plan is an ongoing, changing plan. He said figures could be changed and they were looking at ways to improve the assessment models. .

Mr.I Pe~ers said with these reassurances they could withdraw their objj~ctions.

Mr. Berridge said that the position of Mr. Peters and the contract counties was well represented during the committee meeting and he felt tha 1t the concerns had been addressed. The commit tee recommended ado~tinq the plan on a 2 to 1 vote.

Mrsl. Atkisson said twenty-three letters were received from legislators, cou~ties and the public expressina concern with the fire plan. The pla~ introduces new tools, such as ranger unit groupings and the fire stajtion matrix, which have not been validated. The plan does not contain a firm commitment to Schedule A and if the type of cooperation ex~mplified by the Lexington Hills Fire is expected to continue, the pl~n must be sensitive to local needs. Also the plan does not address defiiciencies in the present system and does not contain an adequate in~tial attack force. Because of these concerns and others she felt th, plan should not be adopted at this time.

I -5-

.·

I,

AFFIDAVIT OF MAILING NOTICE TO INTERESTED PARTIES

Caroline Keikoan , do hereby swear ~~~~~~~~~~~~~~~~~~

that on ~-D~e..;...;;..c~e~m~b~e~r;........;1~9;.._~~~~' 19..J!.L, I mailed a copy of

the notice attached to this affidavit to the Board of

Forestry list of interested persons. I further swear

that this notice was deposited in a mailbox or other

regularly maintained United States Post Office letter

facility at least 45 calendar days prior to the date of

the scheduled public hearing or the date of close of the

public comment period specified in the notice.

~,;µ~ (Signature}

June 1 O , 198 6 (Date)

State Board of Forestry 8-1-82

'

NOTICE OF PUBLIC HEARING TO AMEND ADMINISTRATIVE REGULATIONS

OF THE CALIFORNIA STATE BOARD OF FORESTRY RELATING TO THE EFFECTIVE PERIOD OF A TIMBER HARVESTING

PLAN AND TO THE DEFINITION OF GOOD CAUSE TO EXTEND THE EFFECTIVE PERIOD

14CAC 1039.1 AND 895.1

NOTICE: Notice is hereby given that the California State Board of Forestry, consistent with the provisions of Section 11346 et seq. of the Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a timber harvesting plan (THP) and the definition of "good cause" to extend the effective period.

INFORMATIVE DIGEST: Senate Bill 398 {Chapter 891, 1985) amended Section 4590 and 4591 of the Public Resources Code (PRC) to allow the three year effective period of a THP to be extended by amendment for a one year period, up to a maximum of two extensions, if (1) good cause is shown and (2) all operations are in conformance with the plan~ Chapter 8 of the PRC, and all applicable rules and regulations.

Section 1039.1 Title 14, California Administrative Code (CAC) stipulates that the THP completion date cannot be amended beyond the three year effective period of the plan. This section is amended to bring it into conformance with the amended PRC 4590 and 4591.

'

Existing rules and regulations do not define "good cause". CAC Section 895.1 is amended to define "good cause is shown" as used in PRC 4590.

HEARING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the first floor auditorium, Resources Building, 1416 Ninth Street, Sacramento, California 95814. Any person interested may present statements and arguments orally or in writing relevant to the proposed rule at the hearing. The Chairman of the Board may impose such time limits as necessary for the conduct of the hearing.

LAST,DAY FOR COMMENTS: The Board of Forestry will continue to receive written comments on this proposed rule in its office at 1416 Ninth Street, Room 1506-14, Sacramento, California 95814, until 5:00 p.m. on February 3, 1986.

I ADDITIONAL INFORMATION: The Board has prepared a Statement of Reasons providing an explnation of the purpose, background, and justification of the amendments. The Statement is available from the Board on request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this proposed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board office.

,•

The ~card may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the public so that the public was adequately placed on notice that the regulation as modified could result from the proposed regulatory actipn. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official iden~if ied below.

COSTS: There will be no additional net costs or savings to any State agency nor any State mandated costs to local agencies of government or schobl districts that require reimbursement under Section 2231 of the Revepue and Taxation Code. There are no other nondiscretionary costs or mrndates imposed on local agencies or school districts. There is no cost impact on private persons. This proposal will have no advetse economic impact on small businesses. There will be no cost or

I savings in federal funding to the State.

I

EFFEi T ON HOUSING COSTS AND SMALL BUSINESS: The proposed action will have no significant adverse effect on housing costs or on small businesses.

I

AUTHbRITY: The Board proposes to approve this rule under the authority granted by Sections 4551, 4553, 4590 and 4591 of the Public Resohrces Code. The purpose of this rule is to implement, interpret,

I

and make specific provisions of Sections 4590 and 4591 Public Resources Code.

I

CONTACT: Any inquiries concerning this proposed rule may be directed to M~. Dennis Orrick, staff for the State Board of Forestry, at the abovb address or at (916) 322-0128.

I

STATE BOARD OF FORESTRY


.:·.

(2015.5 CCP)

("' I ,

STATE OF cJ.IFORNIA !

County of Sacramento

S.S.

NOTICE •

This space I: ~fNf~~Buc ~~~~~~N,,D~ tamp CALIFO · · . STATE SOARD OF ' FORESl . LATING TO THE EF- /) /J FECTW~ • OD OF A TIMBER tb/£- /l1lt ~ HARVESTING PLAN ANO TO THE -' OEFINffiON OF GOOO CAUSE TO EX-TEND THE EFFECTIVE PERIOD 1.ccAC 1039.1 AND895.1

NOTICE: Nollce la hereby alven thal the Callfomla Slate Board olroreslry consistent wllh Iha proyblons ol Seo! llon 11348 el seq. ol lhe Goyernmenl Code, wlll hold • pubtlc hearing to discuss the adopllon of praposed rules deanna with the offecUve poriod of a limber harvestlna plan CTHPJ and Ille deflnlllon ol "aood cause" lo ex· tend the effecllYe Period.

. I

I I am the princip~ clerk of THE DAILY RECORDER, a newspaper of general circulation published In the City of Sacramento, County of Sacramento, and which newspaper has ~een adjudged a newspaper of general circulation by ttie Superior Court of the County of Sacramento, S~ate of California, under date of May 2, 1913, Case Num er 16,180 that the notice, of which the annexed is a p ted copy (set in type not smaller than non-parell) has ~n published in each regular and entire issue of said hewspaper and not in any supplement therof on the foll,wing dates, to wit:

INFORMATIVE DIGEST: Senate 8111 398 (Chapter 881, 1985) amended Secllon 45911 and 4591 ol the Public Resoutces Code (PRCJ to allow the three year eflectlve penOd ol • THP to . bo extended by amendment lor a one !

-------year period, up lo a maximum ol two f exlenalonsil U (1) good cause la~ Giid (2) • operallofla ate In con-lonnance wtlh the plan, Chapter a ol Iha PRC, and all appllcable rules and regulations. ·

Secllon 1039.1 Tiiie 14, California Admlnlstrallve Code ICAC) sUpulates that · the -THP complellon oale cannot be • amended beyond Iha lhtee yeu ellecuw petlod ol lhe plan. This secllon Is amended lo Mng It lnlo conformance with the amended PRCe'» and "591.

December 19, 1985

I LEG, Administrative Regulations (1"' . 1.: ..

, I certify (or decl4e> u~der penalty of p.erjury that the foregoing is tme and correct.

Dated

Signature

. ~ . - I . ..

THE DAILY RECORDER I

1115 H Street, P.O. Box 1048 Sacraihento, California 95805

"• \ (916) 444-2355

q~· by I ';.Ct1f,.. ttr..-•·1·.t ,...& l:',q:"·;: ,'

Mail Proof of Publication to: !

STATE BOtRO OF BORESTRY Attentio : Dean Cromwell 1416 Nin h Street, Room 1506-14 Sacramento, CA 95814

32 • -;;~:~:"-.~ ••·••• .·: -~·.··~. · •• •' !-, .... -- ···- ........ -· ·-- ,.-· .• 1 ·····";\.: .. ··-· ~ ... ,,~:-:·

Existing rules and ri;ipulalions do 1101 dellne "good cause' • CAC Section 895.1 Is amended lo dellne "aood j cause l.11 ·shown" as used In PRC~-

HEARING: The hcwlna Is seheduled I fot 10:00 a.m., Februal)' 4, 1988 In the

· llral lloor auditorium, Resoutees Building, HI& Ninth Sltael, Sacramenla, Calllornla 1158H. Any pefson In-

. ·terested may present ·sratements &nd . • arauments orally or In wrlllng rel-nl .: lo Iha propcnd rule 11 the hearing. : The Chairman of Iha Board may Impose such llme llmlls as necessary lor Ille conduct ol Iha hearing.

LAST DAY FOR COMMENTS: The Boanf ol Forestty will c:cntlnue lo receive written comme111s on this ptoposed rule In Ila olffce at 1418 Ninth Street, Room 150&-14, Sacramento, Calllotnla 95814, until 5;00 p.m. on February 3 1988.

ADDffiONAL INFORMATION! The Board has prepared 1 Statemenl al Reasons prcwldlng 1n explanation "ol the purpose, b1cllgtound, and lusllflCatlon ol tho amendments. The Slaleme111 ls aYallable lrom Iha Soard on request. A copy ol lhe llllpreas terms al Ille p:oposed amendments using slrlkeoul lo Indicate deletion . Ind underllne lo Indicate addition 10 · the Calllomla Admlnlstrallve Code Is also avallablo upon request. Addlllonally, all Iha lnlomialloft considered , es Ille basis la1 lhls proposed r::fiula· 1

l:11p~iJYiC ~~8di';;~llO,.J~ 1~ i::8a~: ji llsledBoardolf/co. . ·

The Board may 1dopl a reaulallon with mOdillcaUons II Iha regulation, as 1 mOdllled, Is sulllclenlly related lo Iha · lexl made available lo Ille public: ao

·• lhal Iha publlc was adequately placed on notice Chat Iha reavtallon as moelllled could result lrom lhe propos- . eel regulatory acUon. The text or any j regulatlon as mOdllled will be made . •vall•ble to the publlc al lout lllloen 1151 days prior lo the dale on which the lloilrd adopted Iha regulation. A '°' quasi lot a copy ol any regulation as mcdllled should be lddressed to Iha 1geacy olllcial lde11tlfled below. ·

COSTS: Theta will be no addltlonal . net costa or savings lo any Stale agency not any State mandated costs to local agendas· ol government or school dlsUlcls Chat require· reimbursement u11der Secllon 2231 ol lhe Rove11ue and Taxation Code. Theta ate no oilier nondtscretlonary costs or mand41es Imposed on local agencies . cir SChoOJ dlslrlcts. Thora Is no cost im- • pacl on prlvale persona. This proposal ;

. wlll have 110 adverse economic Impact on small businesses. There will be no f::~:i8~avlngs In lederal funding lo ·

EFFECT ON HOUSING COSTS ANO SMALL BUSINESS: The proposed action will haw no slgnlllcanl adverse ellect on housing costs or 011 small buslnenes.

AUTHORITY: The Board proposes to i . approve lhls rulo under the authority , granted by Sections "551, 4553, 4590 . and 4591 ol Iha Public Resources , Code. The purpose ol lhls rule is lo Im- i ptement, Interpret, Ind make specific I PIOYislons ol Sectlons 4590 and 4591 1 Public Resources Code. •

CONTACT- An"f_ l11qulrte1 concemlng I this proposed rule may be directed to Mr. Do11nls Orrick, stall for the State Board ol Foroslry, al Iha above ad· dressorat(918)322.ot28. '

Stace Board of F0testl'(, Dean A. : Cromwell, Executive Officer . · 52527-0ec:. 19, 1985 .

. ,--· _ .. ,. ~ •-• .1-• a ......

I.

II.

STATEMENT OF REASONS FOR AMENDMENTS TO RULES


PROBLEM DESCRIPTION


, Senate Bill 398 (Chapter 891, 1985) amended PRC 4590 to allow for an extension for one year, up to a maximum of two extensions, if (1) good cause is shown and (2) all timber operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations. PRC 4591 was amended to allow a THP to be extended by an amendment.

California Administrative Code (CAC) Section 1039.1 stipulates the THP completion date cannot be amended beyond the three year effective period of the plan. This section therefore does not conform to the amended PRC 4590 and 4591. Also, "good cause is shown" is not defined in existing rules and regulations.

SPECIFIC PURPOSE AND STATEMENT OF NECESSITY FOR PROPOSED ACTION

The purpose of the amendment to Section 1039.1 is to bring it into conformance with the amended PRC 4590 and 4591. The section is amended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with

' PRC 4590. The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC. Section 895.1 of the CAC is amended to include the definition "good cause is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all

I forest districts. I

A definition is necessary to prevent differences of opinions j between the plan submitter who requests an extension and the ·Director who must decide if the request shows "good cause" . . The amendment would define "good cause is shown" as the I submission by the plan submitter of facts which convince the ' Director that factors beyond the control of the submitter

I I

prevented the completion of the operation. Examples of these factors, (market conditions, weather, technical difficulties or natural disaster) are given to help clarify the definition.

The amendment also requires that for "good cause" to be shown, facts must be submitted by the submitter that convince the Director that no significant environment impact will occur as a result of extending the time to complete the operation. This is necessary to make it clear that the Director has the authority to refuse a request to extend a plan if the extension poses a significant effect on the environment.


IV., POSSIBLE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS

The proposed amendments pose no significant adverse environmental effects as they are procedural and explanatory. The definition of "good cause" also requires that the Director be convinced that any extension not result in significant environmental impacts.

V. POSSIBLE MITIGATION MEASURES


VI. ALTERNATIVES




There are no additional net costs to any State agency nor any state-mandated costs to local agencies of government that require reimbursement under Section 2231 of the Revenue and Taxation Code because of any duties, obligations; or responsibilities imposed on state or local agencies. This order can be accomplished with no additional net costs or such costs are entered into voluntarily. This order does not create any savings or additional costs of administration for any agency of the United states Government over and above the program appropriations made by Congress.


VII . IMPACT ON HOUSING COSTS AND BUSINESSES


IX. STRIKEOUT AND UNDERSCORE (See next pages)

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COURT PAPER OYATtt OF' CALIFORNIA STD. 11 3 fREV . 8 -72)

os•

2

Amend 14 CAC 895 . 1 by adding the fol lowing new definition in alphabetical

order:

"good cause is shown" as used in PRC 4590 means when:

a) the plan submitter presents facts which convince the Director

that factors beyond the control of the plan submitter and his or her

agents , such as market conditions, weather , technical difficulties or

natural disaster, have prevented feasible completion of the timber

operation within the effective period of the plan; and

b) the plan submitter convinces the Director that no significant

environmental impact will occur as a result of extending the time to

complete t he operation.

Amend Section 1039.1 to read as follows :

1039 .1. Effective Period of the Plan


4591 is the 3-year period fol lowing the date the plan is determined

to be in conformance or otherwise becomes effective pursuant to PRC

4562 . 7. Timber operations shall commence no earlier than the expected

date of commencement stated in the plan and shall be completed no

later than the expected date of completion stated in the plan, ~~evided,

howe~er7-that-the-date~-of-eommeneement-and-eomptet±on-of-t±mber

date-~~e~sed-te-.be-eftaft~ed7 except under the following conditions :

a) An amendment·to change the completion date stated in a plan


the original-expected date of completion.

Ill

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COURT PAPER OYATI! OF CA L.IVOAN IA STD. 1 13 ( fl EV 6 · 72>

OSP

bl An amendment to extend the eff.ective E.e.riod of a . elap

beyond three years is submitted in .compliance with PRC 4590.

Upon receipt of such ftee~ee amendment, the Director shall determine

whether t he change in date constitutes a substantial deviation of the

plan. If the Director determines that such change of date constitutes


be changed, so not ify the person submi tting the plan . In this case, an

amended plan shal l be submitted and no timber operations shall be

conducted pursuant t o such proposed change until such amendment is

found in conformance wit h PRC 4582.7. Ne-ameftdmeftt- ef- the- expeetee

NarE : Authority cited: Sections 4551 and 4590, Publ ic Resources Code.

Reference: Sections 4582.7, 4590, 4591 and 4591.1, Public Resources

Code.

Ill

Ill

Ill

Ill

Ill

Ill

Ill

Ill

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37

S1 A TE Or CALIFORNIA

Date

Agency

OFFICE OF ADMINISTRATIVE 14 14 K Street, Suite 600

Socromcnto, CA 958 14

(916)323- 6224

File No . '-- ~- ~"- \· \

The jurisdiction of the Office of Administrative Law to review regulations is limited to the regulation and the completed record of the rulemaking proceeding as specified in Government Code sections 11347 . 3 and 11349.l(a) and Title 1 , Chapter 1, Article 1 of the California Administrative Code .

The above file will be screened for compliance with those requirements . If you have not heard from us within 5 days, you may assume tha t the file was submitted to the Legal Division for review. If you wish to know the exact date of submission, please call the 323-6221. If it does not meet the jurisdictional requirements the file will be returned to you .

-~ ... ~

r.nmA ~()rKnALE

5Z5~2

PROO OF PUBLICATION

(2015.5 CCP>

STATEOFC FORNIA

S.S.

This NOTICE lllng etamp OF PUBLIC HEARING TO AMEND Al). MINISTRATIVE REGULATIONS F THE CALIFORNIA STATE BOARD OF FORESTRY RELATING TO THE EF-FECTIVE PERIOD OF A TIMBER HARVESTING PLAN AND TO THE " DEFINmON OF GOOD CAUSE TO EX-TEND THE EFFECTIVE PERIOD 14CAC 1039.1 AND695.I

NOTICE: Nollce Is hereby gl\18n that lhe California State Board ofl'orestry, conslatent with the provisions ol see; lion 11348 et seq. of the Government Code. will hold a public hearing to discuss "1e adopllon of propOsed rulos dealing with lhe elfecllve period of a Umber l\arwstlng plan (TMPl and the definition of "QOOd.cause .. to ex· tend the elfecllve period.

County of Sacrr· ento

INFORMATIVE DIGEST: Senate Bill 398 (Chapter 891. 19851 amended Sec· lion 4590 and 4591 of the Public Resources Code IPRCI to allow the

----- three year effective period of a THP to be extended by amendment for a one ------year ~rlod, UJI to a maximum of two

I am the princlp clerk of THE DAILY RECORDER, a newspaper of general circulation published in the Ci-ty of Sacramen.o, County of Sacramento, and which newspaper has ~een adjudged a newspaper of general circulation by . e Superior Co~! of tl_t~ County_J>j_ Sacramento, St te of California, under date of May 2, .. _..___ --·· 1913, Case Num er 16,180 that the notice, of which the annexed is a pr ted copy <set In type not smaller than non-parell) has een published In each regular and en-tire issue of said ewspaper and not in any supplement therof on the foll wing dates, to wit:

("' LEG, A mtn1strattve Regulations

I certify <or decl re) under penalty of perjury that the foregoing is true nd correct.

Dated

Signature

June ~O, 1986

THE AIL y RECORDER Street, P.O. Box 1048

Sacr mento, California 95805 (916) 444-2355

Mail Proof of

STATE B ARD OF IORESTRY Attentt n : Dean Cromwe 11 1416 Ni th Street, Room 1506-14 Sacrame to, CA 95814

JUL 21986

extensions! 1111) gO!ld cause Is allOWll and (2) al operations •e In con-formance with the plan, Chapter a of the PRC, and all applicable rules and reaula~na.

SOCt10n1D39.1 Tltle14.CallfomlaAdmlnlatratlve Code !CACI stipulates that the THP complet on date cannot be amended beyond the three year ellectl\18 period of the ~. This section Is amel'lded to brlna It Into conformance with the amended PRC 4590 and~.

Existing rules and riniulatlonado not ----------define ••good cause• • CAC 8ectlon 895.1 Is amended to define .. aoocl cause lsellOWn .. as used 1nPRC4!i90.

HEARING: The hearing ls scheduled for 10:00 a.m., February .c. 19S8 In the llrst floor auditorium, Re110urces Building, 1418 Ninth Street, Sacramento, Calllomla 95814. Any penson Interested may present·statementa and

· argumen:gpo~~ or In writing relevant · to the p rule at the hearing. Tho Chairman of the Board may Impose such time limits as necessary for the conduct ol the hearing.

LAST DAY FOR COMMENTS: The Board of fofestry will l:Ol'lllnue to receive written comments on this proPoSed rule In Its office at 1418 Ninth Street. Room 1508-14, Sactamento, Callfoinla 95814. until 5:00 p.m. on

Fe:~g~:f'· 1NFORMATION; The Board has prepared a Statement _of Reasons pnmdlng an explanation of the purpose, background. and lustll!Catlon of the amaildments. The Statement la available from the Board on request. A copy of the express terms Of the propoHd amendments using atllkeout to Indicate deletion and underline to Indicate addition to the callfornla Administrative Code Is almo avollable . ujlOn request. AddlUonslly 1.~J.lllelnfot1111~~er~ as the ouis tor this regu...tlon (I.e., rulHnaklng file) ls available for publlC reading/perusal at the above llatOd Board otnc:e. lallon

The Board may mdopt a reau with modlllcatlons If thO reautallon, as mocllfled

1 la sufficiently relllted to the

text maoe available tO the public so ·!hat the public was adequately placed on nollCe lhll the regulation as mocllfled could result from the P"!posod ;ugulotory ilCU'"> 1'hA teyt o1 ~ny regulation as modllled will be malllr. available to the public at least lllteen (151 days iirtor to the dale on which the Bolltd adopted the regutallon. A request for a cop:r ol any regulation as modllled shOulc be ad(lressed to the agenq_Qlflelal ldentllled below.

1 COSTS: There will be no lddltlona net costs or savings to any Stste agency nor any State mandated costs to local agailcles ol government or schoOI euaulcts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondlscretlonatV costs or mandates lmlll>Sed on local aaenc!es or school districts. There ls no cost im-pat:t on prlvato persons. Thia proposal wlll have no adverse economrc Impact on small businesses. Thero will be no cost or savings In fedarlll lundlng to the State.

EFFECT ON HOUSING COSTS AND SMALL BUSINESS: The prllj)Osed action will have no slgnlllcant adverse el· lect on housing costs or on small

bu:~1~~ifil'<: The Bosrd prllj)Oses to approve this rule under the authority granted by SectlonS 4551. 4553, 4590 and 4591 of the Public Resources Code. The purpose of this rule ls to Implement, lnter11rat. and mako specific provisions of Sections 4590 and 4591 Public Re50urces Code.

CONTACf: Any Inquiries concemlng this propqsed rulo may be directed to Mr. Dennis Orrick. stall for the State Bosrd ol Fores Uy, at the above address or at 1916) 322-0128.

State Board ol Forestry. Dean A. Cromwell. Executive Olllcer ~.19.1985

52522

PROOF OF PUBLICATION

(2015.5 CCP)

ST ATE OF CAL FORNIA

S.S.

County of Sacrai ento

I am the princip l clerk of THE DAILY RECORDER, a newspaper of general circulation published in the City of Sacramento, County of Sacramento, and which newspaper has *een adjudged a newspaper of general circulation by the Superior Court of the County of Sacramento, State of California, under date of May 2, 1913, Case Number 16,180 that the notice, of which the annexed is a pri~ted copy (set in type not smaller than non-pareil) has been published in each regular and entire issue of sai~ newspaper and not in any supplement therof on the fol owing dates, to wit:

Dated

Decemtier 19, 1985

LEG, Administrative Regulations

are) under penalty of perjury that the and correct.

Signature

June 30, 1986

T~5 ~!!,~~ ~~~?~~!R Sac amen to, California 95805

( 916) 444-2.355

Mail Proof of Publication to:

STATE BOARD OF BORESTRY At tention: Dean Cromwell 1416 Ninth Street, Room 1506-14 Sacra ento, CA 95814

JUL

NOTICE This Space l' OF PUBLIC HEARING TO AMEND AD- tamp

' MINISTRATIVE REGULATIONS F THE CALIFORNIA STATE BOARD OF FORESTRY RELATING TO THE EF· FECTIVE PERIOD OF A TIMBER HARVESTING PLAN AND TO THE DEFINITION OF GOOD CAUSE TO EX· TEND THE EFFECTIVE PERIOD 14CAC 1039.1 AND 895.1

NOTICE: Notice Is hereby given lhat the California State Board ol l'o<eslry, consistent wllh tho provisions of Sec· tlon 11346 el SOQ. ol lhe Govornmenl Code, will hold a public hc3rlng to discuss the adophon of proposed rules dealing wllh the effoc\lve periOd ol a timber harvesting plan (THP) and tho derlnilion of "goOd causo" to ex-

tor~~g~~~0Mee Bfo1ggi': sona1e Bill 398 (Chapler 891, 1985) amended Section <590 and ~ ol the Public Resources Codo (PRC) 10 allow Ille three year effecllve penOd ol a THP lo bo extended by amendmenl for a one - ----

----- --- yo3r period, up to a maximum of two exlenslons

1 II (I) good cause Is shown

and (2) al operallons are In conformance wllh the plan, Chapler 8 of tho PRC, and all applicable rules and rogulations.

1986

Section 1039.1 Tille 14, Callfornla Admlnlstrallvo Code !CAC) sllpulales lhat tho THP complet on oale cannot be amended beyond lhe threo year effec· tlve perlOd or lhe plan. This seclion is amended to bring ii lnlo conformance with lhe amended PRC 4590 and (591.

Existing rulo s and regulations do nol doflne "good cause". CAC Section 895.1 Is amended to dollno "good -----~ cause fsshown" u used In PRC 4500.

HEARING: The hearing Is scheduled for 10:00 a.m .. February 4, 1986 In the flrsl floor auditorium, Resources Building, 1416 Ninlh Slreol, Sacramen· to, California 95814. Any person in· lorested may presenl 'staloments and argumenls orally or in wriling refevanl to the proposed rule at the hearing. Tho Chairman of the Board may im· pose such limo limits as necessary for tho conduct of lho hearing,

LAST DAY FOR COMMENTS: The Board of Foreslry will conllnue lo receive wrillon comments on t~is pte>posod rule In lls office at 1416 Ninth Slreet, Room 150&-14, Sacramento, California 95814, until 5:00 p.m. on

Fe~o°Di'?r5f.m~l. INFORMATION: The Board has prepared a Slatement of Reasons providing an explanation ·or tho purpose, background, and fusllficatlon of lho amendments. The Slalomonl Is available from tho Board on reciuesl. A copy of the express terms of tho proposed amendments using slrlkeout to Indicate delellon and under1fne to lndlcale addition lo lhe California Admlnlstralive Code is also available upon rcquosl. Addi· tlonolly, ail lhe fnformallon considered as lho basis lor lhls propo.sed regufa· !Ion (I.e .. rule-making file) Is available for public reading/ perusal at tho above llsled Board office. ·

Tho Board may adopt a regufallon wllh modifications 11 lhe rep,ulalion, as modified, is sufficiently re alod lo lhe tox1 made available to lho public so that the public was adequalely pla.ced on notice that lhe regufallon as mOdifled could resull lrom lhe proposed regulalory action. The texl of any rOQUlatiqp..a:i_modlllod w\\l l>t1 made available to tho publlc al feasl fifl!Mln (t5) days prior to the date on which the Board adopted tho regulallon. A requosl for a copy of any regulallon as modified should be addressod lo \he

ao~~i'.11i~~~~0;U/'g~ ~~0a~dillonal nol costs or savings to any Slate agency nor any Stale mandated costs to local agencies of government or school districts thal require reimbursomenl under Seclion 2231 of lhe Revonuo and Taxallon Code. There aro no other nondlscrotlonary costs or mandates imposed on local agencies cir school dlsiricts. There Is no cosl im-pact on private persons. This proposal will have no advof3o economic Impact on small buslnossos. Thero will be no cosl or savings In federal funding lo lhe Slate.

EFFECT ON HOUSING COSTS AND SMALL BUSINESS: The proposed action will have no slgnificanl adverse el· feel on housing costs or on small businesses.

AUTHORITY: The Board proposes to approve lhls rulo under tho authority granled by Seclions 4551, 4553, 4500 and •591 of lhe Public Resources Code. The purpose of lhis rule Is to implomonl, interpret, and make specific provisions of Secllons 4590 and 4591 Public Resources Code.

CONTACT- Any inquiries concerning this proposed rule may be directed lo Mr. Dennis Orrlck, staff for tile State Board of Foroslry, at lhe above ad· dress or al (916) 322-0128.

Slale Board of Forestry, Doan A. Cromwell, Executive Officer 52522-Dec. 19 1985

1 l. Amend 14 CAC 895 . l by adding the follo\'ling new definition in alphabetical

2 order :

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

COURT PAPER STA.T l! OF CAt.IFORN IA STD 1 13 CREV . 0-7:!1

o•~

"good cause is shown" as used in PRC 4590 means when :

the pl an submitter presents facts 1·1hi ch describe the factors beyond the

control of the plan submitter and his or her agents , such as market

conditions , weather, technical difficulties or natural disaster , that have

prevented feasible completion of the timber operation within the effective

period of the plan.

NOTE : Authority cited: Sections 4551 , 4551 .5 and 4562.7, Public

Resources Code. Reference: Sections 4512, 4513 , 4526 , 4551.5 , 5093.50

and 21001(f), Public Resources Code; Sections 100, 1243 , 13000 anrl

13050(f), Water Code; Section 5650(c), Fish and Game Code.

2. Amend Secti on 1039 . l to read as follows :

1039.l . Effective Period of the Plan

The effective period of the plan within the meaning of PRC 4590 and 4591

is the 3-year period follo1>1ing the date the plan is determined to be in

conformance or otherwise becomes effective pursuant to PRC 4582 .7.

Timber operations shal l commence no earli er than the expected date of

commencement stated in the pl an and sha 11 be completed not 1 a ter than the

expected date of completion stated in the plan, ~revleee, Aewever; tAat

tAe-aates-e~-ee~meReemeRt-aRe-eem~letleR-ef-tlmeeF-AarvesttR§-e~eFatleRs

FeFeFFea -te-lA-tAe-~laA-may-ee-ameReee-ey-§lYlR§-at-least-l9-eays-Retlee

~A-wFttlA§-te-tAe-9treeteF-~Fl0F-te-tAe-ex~eetee -eate-~Fe~esee-te-ee

EAaR§ee. except under the following conditions:


been submitted to the Director at least ten (10 ) days before

the expected date of compl etion.

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

COURT PAPER STATlt or: CALIFORN I A. STD 11 3 ( REii . 8·72 1

OSP



includes a map showing clearly the area pertai ning to the request

for extension.

Upon receipt of such A9etee amendment, the Director shall determine


plan . An extension of time is presumed to be a minor dev i ation , provided

the extension does not lead to practices that constitute a subs t antial

deviation, as defined in Section 1036 , 14 CAC . If the Di rector determines

that such change of date constitutes a substantial deviation , then the

Director shall, prior to the date to be changed , so notify the person

submitting the plan. In this case, an amended plan shall be submitted

and no timber operations shall be conducted pursuant to such proposed

change until such amendment is found in conformance with PRC 4582.7 .

e~eFatteAs-sAatt-a~tAaFt~e-e~eFatteAs-9eyeA9-tAe-teFmtAat~aA-aF-tAe

eFFeeetve-~eFtae-af-tAe-~taA~

NOTE: Authority cited: Sections 4551, 4553 , 4590 and 4591, Publi c

Resources Code. Reference : Sections 4582.7, 4590, 4591 and 4591.1,

Public Resources Code .

Ill

Ill

Ill

' STATE ~F CALIFORNIA FACE SHEET (See Instructions on Reverse)

' STD. 400 (3/83)

LEAVE BUANK

(OAL-4)

FOR FILING ADMINISTRATIVE REGULATIONS WITH THE OFFICE OF ADMINISTRATIVE LAW

1. ATTACHED ARE REGULATIONS ADOPTED, AMENDED OR REPEALED BY:

Board of Forestry (AGENCY) "'I l"')

\.. ( /\ ,t I ~~"- CQ._ .@,.l_,,6YhA .. U .. \c'._l,L

BY: Dean A. Crorrwe 11 (AGENCY OFFICER AUTHORIZED TO SUBMIT REGULATIONS)

AGENCY CO!llTACTI PERSON AND POSITION Denn113 Orr1cK

LEAVE BLANK

TELEPHONE 322-0128

2. Indicate California Administrative Code Title and specify sections to be amended, adopted, and/or repealed: I

SECTIONS AMENDED

Title: ___Ji_ ' 895 .1 and 1039 .1 SECTIONS ADOPTED

SECTIONS REPEALED I '1

3. TYPE OF ORDER (CHECK ONE) I

[]J Regular 1

Other RegulatoJ Actions: D Emergency

(Attach Finding of Emergency) D Certificate of Compliance

~ Procedural and Organizational D D Authority and Reference \ _J Change I Editorial Correction Citation Change

4. IS THIS ORDER,· A RESUBMITTAL OF A PREVIOUSLY DISAPPROVED OR WITHDRAWN REGULATION?

~ No : 0 Yes, if yes give date of previous filing ______________ _

5. IS THIS FILING1 A RESULT OF THE AGENCY'S REVIEW OF EXISTING REGULATIONS?

~No D Yes

6. IF THESE REG,ULATIONS REQUIRED PRIOR REVIEW AND APPROVAL BY ANY OF THE FOLLOWING AGENCIES, CHECK THE A~PROPRIATE BOX OR BOXES.

D State Fire Marshal 0 Building Standards Comm. D Fair Political Practices Comm. D Department of Finance (Attach App,roval) (Attach Approval) (Include FPPC Approval Stamp) (Attach STD. Form 399)

7a. PUBLICATION DATE OF NOTICE IN CALIFORNIA b. DATE OF ADOPTION OF REGULATION(S) c. OATES OF AVAILABILITY OF MODIFIED ADMINISTRATIVE NOTICE! REGISTER REGULATION(S) (GOV. CODE SEC. 11346.B(c))

December 2q, 1985 March 5, 1986 February 14, 1986 8. WAS THIS REGULATORY ACTION SCHEDULED ON YOUR AGENCY RULEMAKING CALENDAR?

~No I . D Yes i

9. EFFECTIVE DAI. E OF REGULATORY CHANGES: (SEE GOVERNMENT CODE SECTION ON REVERSE)

a. Q Effectiv~ 30th day after filing with the Secretary of Stale.

11346.2 AND INSTRUCTIONS

b. 0 Effective on ___________ as required by statutes: (list>-----------------

~ D Effect iv on ___________ (Designate effective dale earlier than 30 days after filing with the Secretary of Stale pursuant to Government Code Section 11346.2(d).)

D Request Attached

d. 0 Effectiv, on-----------(Designate effective date later than 30 days after filing with the Secretary of State.)

:"

1 1. Amend 14 CAC 895.1 by adding the following new definition 1n alphabetical

2 order:

3 "good cause is shown 11 as used in PRC 4590 means when:

4 the plan submitter presents facts which describe the factors beyond the

5 control of the plan submitter and his or her agents, such as market

6 conditions, weather, technical difficulties or natural disaster, that have

7 prevented feasible completion of the timber operation within the effective

s period of the plan.

9 NOTE: Authority cited: Sections 4551, 4551.5 and 4562.7, Public


11 and 2100l(f), Public Kesources Code; Sections 100, 1243, 13000 and


13 2. Amend Section 1039.1 to read as follows:

14 ., '.! I

18 : ,, ;

19 I

·' 'I

20: :I

21 '. '.i ,.

22 :: '

23

24

:1 25 ,j

I

26

27 ,: I

1039.l. Effective Period of the Plan


is the 3-year period foll0\·1ing the date the plan is determined to be in

conformance or otherwise becomes effective pursuant to PRC 4582.7.

Timber operations shall commence no earlier than the expected date of

commencement stated in the plan and shall be completed not later than the

expected date of completion stated in the plan, ~F9¥teee, ReweveFT tRat

tRe-eates-eF-eemmeAeemeAt-aAe-eem~+ettaA-eF-ttmeeF-RaFYesttA§-e~eFatteAs

FeFeFFee-ta-tA-tAe-~laA-may-ee-ameAeee-ey-§t¥tA§-a~-least-l9-eays-Aettee

~A-wFtttA§-ta-tRe-9tFeetaF-~FteF-te-tRe-ex~eetea-eate-~Fe~esea-te-ee

eRaA§ea~ except under the following conditions:




COURT PAPER STA.TE or CAL1FCRNIA STO. 113 IREV_ 8-72\

osr :I II

·1 1 b) An amendment to extend the effective period of a plan beyond

2 three years is submitted in compliance \·lith PRC 4590 , '.<1h ich

3 includes a map showi ng clearly the area pertaini ng to the request

4 for extens i on .

5 Upon receipt of such Aet~ee amendment, the Director shall determine

6 wh ether the chang e in da te consti tutes a substantial deviation of the

7 pl an . An extensi on of time i s presumed to be a minor deviation , provided

a the extension does not l ead to practices tha t co nstitute a substanti al

9 deviation , as defi ned i n Secti on 1036 , 14 CAC . If the Di rector determines

10 that such change of date constitutes a substantial dev i ation , then t he

11 Director shall , prior to t he date to be changed , so notify t he person

12 submitting the plar. . In this case , an amended plan shall be submitted

13 and no timber operations shall be conducted pursuant to such propose~

14 change until such amendment i s found i n conformance with PRC 4582 .7.

17 eFFeet~~e-~er~ea-ef -tP.e-~+aR ~

18 NOTE : Author ity ci ted : Secti ons 4551, 4553 , 4590 and 4591 , Publ ic i' I, Resou rces Code . Reference : Sect ions 4582 . 7, 4590, 4591 and 4591 . 1, 19 '

20 1

2 1

22

23

24

25

26

27

COURT PAPER STAY!! or CAL.lr OIR "'· I A S TD 113 ilf(V tt. 7:? '

.! Public Resources Code .

Ill

Ill

Ill

PROOF, OF PUBLICATION

(2015.5 CCP>

STATE OF CALIFORNIA

S.S.

County of Sacramento

I am the principal clerk of THE DAILY RECORDER, a newspaper of'general circulation published in the City of Sacrameqto, County of Sacramento, and which newspaper has been adjudged a newspaper of general circulation by !the Superior Court of the County of Sacramento, st!ate of California, under date or May 2, 1913, Case Nurtiber 16,180 that the notice, of which the annexed is a printed copy <set in type not smaller than non-parell) has(been published in each regular and entire issue of said newspaper and not in any supplement therof on the following dates, to wit:

I December 19, 1985

I

I LEG, tdmini~tra~.ive Regulations

~ I . • I certify (or declare) under penalty of p.erjury that the foregoing is true and correct.

I I

Dated

Signature

June 130, 1986

. THE1DAILY RECORDER I

1115 H Street, P.O. Box 1048 Sactamento, California 95805

I (916) 444-2355

'

Mail Proof of Publication to:

STATE ~OARD OF UORESTRY Attent~on: Dean Cromwell 1416 N?nth Street, Room 1506-14 Sacramento, CA 95814

I

·l

NOTICE •

This space 1: 3ft&A'~~~':~~~~~r,,o t~ tamp CALIFORNIA STATE BOARD OF / FORESTRY RELATING TO THE Ef. /j/J -h ,,,.., FECTIVE PERIOD OF A TIMBER ~ "/ v / c.J J HARVESTING PLAN AND TO THE DEFINITION OF GOOD CAUSE TO EX-TEND THE EFFECTIVE PERIOD 14CAC 1039.1 AND695.1

NOTICE: Notice I• heroby Given that the Calllomla Stale Board olrore.lry, con:sl:slenl with the provlslon.:i ol see> llon 11346 et .:ieq. of the Governn1e111 Code, wlll hold a publlc: heatlnir lo discuss Iha actopUon ol proPQMd rvl• deaUno with the effoc:Uve period of a timber hanestlng olatt (THP) and the definition ol "11o0d' causo'" to ex· tend tile effective period.

INFORMATIVE DIGEST: Senale Bill 398 (ChaJllor 891, 1585) amended Sec· tlon 4590 and ~ of the Pvbllc; Resourcu Code CPRC) to •II- Ille 11\reo year effectlwl period ol a THP to bo eJtlended by .mendnlent fat a one !

-------year pertod, up 10 a maximum ol two I elllen:slons1 If (t) llOOd.c:ausa la abown and 121 al operation• are In c;on-forrnanc:e with the plan, Chapler a ol Iha PRC, and •II •ppllcablo rules and roaulatlclna.

Secllon 1039.1 Tide 14, Calllomll ~ mlnlstratlve Codo CCACJ .:itlpulales Ulat I· the .THP complellon oate c:annot bo ; amended boyond Iha three ye&r ellecllve period of tho plan. Thi.:i ncllon Is amended to bdng 11 lnlo conformance wllh Iha amended PRC"59Dand<C591.

by

Exlsllng rule.:i and ~ulallons do not define "Good c:a11M0

• CAC Section j 895. t Is amended to define ' 0 oood causels'.:ihown'" a.:i used In PRC4590. •

HEARING: The llearlng Is scl\Bdulod I fat 10:00 a.m., February 4, 1988 In lhe

· llrsl floor auditorium, Resource.:i Building .. 1416 Nlnlll Street. Sacramento, Calllomla 115814. Any pe/son In-

. ·lore.led may present ·stalements and . · arguments cir&lly or In wrlllng rolennt -'

to Ille proposoa rulo •t Iha hearing. : The Chairman of the Board may lm·po.:ie such time llmlt.:i as necessary for Iha conduC1 ol tho hearing.

LAST DAY FOR COMMENTS: The Boanl of Forestry will continue lo :=e ~11~n1::m:C:1°f.cra'\rn;; Street. Room 1506-14, Sacnimenlo. Celllomla 95614. until 5:CO p.m. on Fobrua!'Y3 1981.

ADOmONAL INFORMATION= The Board has pre1111ed • Slalemenl of Re1:1on.:i prOvfdlng an explanallon 'of the purpose, background, and Jusllflcatlon of the amendmenls. The Statement b av1llable from Ille Board on reque.:il. A eopy of Ille oxpre.:i.:i tenns of lhe proposed amondmonts using :slllkeoul 10 lndlcato delellon . •nd underline to Indicate addition to . the Cellfornla Administrative Code Is also available upon requnL AddJ.. llonally, all Ille lnfonnallo<i consldored · 1.:i the basb for this proposed reauta- • lion (I.e •• rvllM!llklng file) b available I' for publlc readlng/peru.:iaJ at lhe •bove llsled Board olllce. . ·

The Board may adopt a regulation with moclillCIUon• If the raaulatlon, 1.:i.1 modified, Is .:iulHclentl)' relaled to tho · tex1 made adllable to the public: :so

•. that the publlc wa.:i 1dequalel)' placed on nollce that the regulaUon a.:i modllled could result from Ille propo.:i- . ec1 rogulatory acuon. The text of any I regulallon aa modified w!ll be mado . •valllble to the publlc 11 loaal nlleen 1151 day.:i prior to Ille dato on which Ille · eo:ird adopted the reaulaUon. A re. Queal for a copy of anr raaulallon a.:i modified shcM.lld be addressed ro the •11e11cy ofllclal ldenlllled bel-. •

COSTS: There will be no addltlonal net coats or .avlngs to any State agenc;y nor any Slate mandated coats to local agoncle.:i of government or .:ichool dlslrk:ts lhll require· reimbursement under Soctlon 2231 of the Revenue and Taulfon Code. There are no other nondlscretlonary costs or mandare.:i Imposed on local aaencle.:i ; or sChool dl:strlcts. There ls no cost Im- , pact on privale persons. This proposal :

. wlll hive no adver:se econon11e: Impact on small businesses. There will ba no cost or .avlng.:i In federal funding to tlleSlalo.

EFFECT ON HOUSING COSTS AND . SMALL BUSINESS: The proposed BC• Uon wlll have no slgnllic:anl adverse ef· IKI on housl ng cos1s or on small businesses.

AUTHORITY: Tho Board proc:NISH lo ; . appl'O¥e lhls rule undor the aulhot,lly .

granted by Sectfona "551, -4553, eoo ; and ~591 of tho Pvbllc; Re.sources , COde. The purpose of this rule is lo Im- 1 plemont, lntorprel, and make speclllc j' provisions of Sections .CSSO and 4591 Public Resources Code.

CONT ACT: Any l11Qulr!e1 concerning I lhl.:i IJ(Opo:s8d rule Ina)' bo Cflrecled to Mr. Dennis Orrick, .:ii.If lor lhe Sraro Board of Foroslry, al the above ado dress or al(t16) 322.ctl28. 1

St111e Board of Forestry, Doan A. ~ Cromwell. Execullve Olllcer . · 52522·0ec. 19, 1985

~-·.-·' -··.:-.····

A definition is necessary to prevent differences of opinions between the plan sul:mitter who requests an extension and the Director who nn.ist decide if the request shows "qood cause". The amendment would de::ine "qood cause is shown" as the subnission by the plan sul:mitter of facts which describe factors beyond the oontrol of the sul:rni.tter that prevented the completion of the operation. Exarcples of these factors, (market oonditions, weather, teclmical difficulties or natural disaster) are given to help clarify the definition.


IV.

v.

POSSIBLE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS i

The proposed amendments pose no significant adverse I environmental effects as they are procedural an~ explanatory.

POSSIBLE MITIGATION MEASURES


VI. ALTERNATIVES

VII.


the implementation of the PRC Sections 4590 and 4S91 as no I

one would be sure of the definition of "good cause". Also I

there would be a contradiction between CAO Section 1039.1 ,...) and PRC Sections 4590 and 4591. 'I

COSTS OF THE PROPOSAL l There are no additional net costs to any State agency nor any state-mandated costs to local agencies of government hat require reimbursement under Section 2231 of the Revenhe and Taxation Code because of any duties, obligations; or I

responsibilities imposed on state or local agencies. !This order can be accomplished with no additional net costs or s~ch costs

I are entered into voluntarily. This order does not create any savings or additional costs of administration for anylagency of the United States Government over and above the program appropriations made by Congress. I

There are no mandates to local governments or school districts. The proposed rule changes will result in undeterminabie cost savings on private persons


IX.



FINAL STATEMENT OF REASONS

FOR AMENDMENTS TO RULES CONCERNING EFFECTIVE PERIOD AND GOOD CAUSE

I . PROBLEM DESCRIPTION


Senate Bill 398 (Chapter 891, 1985) amended PRC 4590 to allow fo r an extension for one year, up to a maximum of two extensions, if (1) good cause is shown and (2) all timber operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations. PRC 4591 was amended to al low a THP to be extended by an amendment .


II. \ SPECIFIC PURPOSE AND STATEMENT OF NECESSITY FOR PROPOSED ACTION

The purpose of the amendment to Section 1039 . 1 i s to bring it into conformanc e with the amended PRC 4590 and 4591. The section is amended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590. The amendment i s necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The anendrrent includes a requireirent to sul:::mit a map s'h<:Minq the area pertaining to the extension request . This is necessary in order for the Department of Forestry to be able to evaluate the areas already CX>Il'Pleted and any ?JSsible sionificant effects that miaht result from extending the ~- The arrendrrent also sPecifies that a request is presi..rrred to be a minor deviation unless it leads to practices that constitute a substa11tial deviation as defined in 14CAC1036 . This is necessary in order to direct the Department of Forestry as to the Board's intent in the processinq of requests while retaininq with the Department tlie authority to determine if a significant effect may result.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC . Section 895 . 1 of the CAC is amended to include the definition "good cause is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all forest districts.




14CAC 1039 . 1 AND 895.1

NOTICE: Notice is hereby given that the California State Board of Forestry, consistent with the provisions of Section 11346 et seq. of the Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a timber harvesting plan (THP) and the definition of "good cause" to extend the effective period .

I INFORMATIVE DIGEST: Senate Bill 398 (Chapter 891, 1985) amended Section 4590 and 4591 of the Public Resources Code (PRC) to allow the three year effective period of a THP to be extended by amendment for a one year period, up to a maximum of two extensions, if (1) good cause is shown and (2) all operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations.

Section 1039.1 Title 14, California Administrative Code (CAC) stipulates that the THP completion date cannot be amended beyond the three year effective period of the plan. This section is amended to bring it into conformance with the amended PRC 4590 and 4591 .


HEARING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the first floor auditorium, Resources Building, 1416 Ninth Street, Sacramento, California 95814. Any person interested may present stat~ments and arguments orally or in writing relevant to the proposed rule at the hearing. The Chairman of the Board may impose such time limits as necessary for the conduct of the hearing. '

LAST DAY FOR COMMENTS: The Board of Forestry will continue to receive written comments on this proposed rule in its office at 1416 Ninth Street, Room 1506-14, Sacramento, California 95814, until 5:00 p.m. on Febr~ary 3, 1986 .

ADDITIONAL INFORMATION: The Board has prepared a Statement of Reasons providing an explnation of the purpose, background, and justification of the amendments. The Statement is available from the Board on request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this proposed regulation (i . e., rule-making file) is available for public read · ng/perusal at the above listed Board office.

The Board may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the public so that the public was adequately placed on notice that the,regulation as modified could result from the proposed regulatory act~on. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on

I whiqh the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official iderttif ied below.

I COS~S: There will be no additional net costs or savings to any State agetjcy nor any State mandated costs to local agencies of government or sch~ol districts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondiscretionary costs or ~andates imposed on local agencies or school districts. There is no dost impact on private persons. This proposal will have no adv~rse economic impact on small businesses~ There will be no cost or savilngs in federal funding to the State.

I EFFECT ON HOUSING COSTS AND SMALL BUSINESS: The proposed action will hav~ no-Significant adverse effect on housing costs or on small businesses.

I AUTHORITY: The Board proposes to approve this rule under the authbrity granted by Sections 4551, 4553, 4590 and 4591 of the Public Resofrces Code. The purpose of this rule is to implement, interpret, and make specific provisions of Sections 4590 and 4591 Public Resources Code.

CONTlcT: Any inquiries concerning this proposed rule may be directed to Mr. Dennis Orrick, staff for the State Board of Forestry, at the abov~ address or at (916) 322-0128.



I.

II.

-



PROBLEM DESCRIPTION

Public Resources Code (PRC) Section 4590 defined the effective period of a timber harvesting plan (THP) as no more than three years . PRC 4591 stated that a THP amendment could not extend the effective period of the plan.

Senate Bill 398 (Chapter 891, 1985) amended PRC 4590 to allow for an extension for one year, up to a maximum of two extensions, if (1) good cause is shown and (2) all timber operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations . PRC 4591 was amended to allow a THP to be extended by an amendment .

California Administrative Code (CAC) Section 1039.1 stipulates the THP completion date cannot be amended beyond the ~hree year effective period of the plan . This section therefore does not conform to the amended PRC 4590 and 4591. Also, "good cause is shown" is not defined in existing rules and regulations.

SPECIFIC PURPOSE AND STATEMENT Q~ NECESSITY FOR PROPOSED ACTION

The purpose of the amendment to Section 1039.1 is to bring it into conformance with the amended PRC 4590 and 4591 . The section is amended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590 . The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC . Section 895 . 1 of the CAC is amended to include the definition "good caus e is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all forest districts.

A definition is necessary to prevent differences of op inions between the plan submitter who requests an extension and the Director who must decide if the request shows "good cause". The amendment would define "good cause is shown" as the submission by the plan submitter of facts which convince the Director that factors beyond the control of the submitter prevented the completion of the operation. Examples of these factors, {market conditions, weather, technical difficulties or natural disaster) a re given to help clarify the definition.

I III.

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The amendment also requires that for "good cause" to be shown, facts must be submitted by the submitter that convince the Director that no significant environment impact will occur as a result of extending the time to complete the operation. This is. necessary to make it clear that the Director has the authority to refuse a request to extend a plan if the extension poses a significant effect on the environment.

RELEVANT DOCUMENTS None




VI ALTERNATIVES


the implementation of the PRC Sections 4590 and 4591 as no .. one would be s~re of the definition of "good cause". Also there would be a, contradiction between CAC Section 1039.1 and PRC Sections 4590 and 4591.




VI[I. IMPACT ON HOUSING COSTS AND BUSINESSES I I

IX.



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COURT PAPER ~TATC 0' CAL.lrOl'tNIA sro. 113 cntv. e.121

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1. Amend 14 CAC 895 . 1 by addi ng the following new definition in alphabetical

order :

"good cause is shovm" as used in PRC 4590 means when:



agents, such as market conditions, weather, technical difficulties or

natural disaster, have prevented f easible completion of the timber



envirorunental impact will occur as a result of extending the tirre to

complete the operation .

Amend Section 1039 . 1 to read as follows:

1039 . 1. Effective Period of the Plan

The effective period of the plan within the rreaning of PRC 4590 and

4591 i s the 3-year period following the date the plan is determined


4582 . 7. Timber operations shall commence no earlier than the expected

date of comrnencerrent stated in the plan and shall be completed no

later than the expected date of completion stated in the plan, prev:taee7

ho~e~er7-that-the-dates-of-convr~ncement-and-compietion-of-timber

at-lea9t-l9-elays-fteHee-:tfi-wr:tHft~-te-Cfle-8:tJ:eeter-~r:ter-te-the-expeetee1

elete-~i::=epe9ea-te-he-eP.aR~ea-: except under the following conditions:

a) An amendment .to change the completion date stated in a plan


the oriqinal-e~cted date of completion .

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COURT PAPER CTATC 0 ' CAL"OftNIA S TD. 113 cni:v 0·721

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bl An amendment to extend the ef f!i,C:tive period of a plan

beyond three vears is submitted in comoliance with PRC 4590.

Upon r eceipt of such ftetiee amendment 1 the Director shall determine



a substantial deviation, then the Director shal l , prior to the date to

be changed , so notify the person submitting the plan . In this case, an


conducted pursuant to such proposed change ll!1til such amendment is

found in conforwance with PRC 4582.7. He-ameRclment-ef-t.fte-e~etecl

NOTE : Authority cit ed : Sections 4551 and 4590, Public Resources Code.

Reference : Sections 4582 .7, 4590, 4591 and 4591 . 1, Public Resources

Code .

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HESOUHCES AGENCY

§tatr of <!In l ifornia

iaoar(l of IJiorestry 1 416 NINTH STREET

SACRAMENTO. CALIFORNIA 95814

February 11, 1 986

TO: MEMBERS OF THE PUBLIC

FROM : Board Staff

GEOHGE DEU K~IEJIAN C:OVFHNOll

SUBJECT: Language for 14 CAC 895.1 and 1039 . 1 circulated under 15 day requirement of t he Gove rnme nt Code .

On f eb 4 and 5, 1986 the Board of Fore stry discussed proposed lang uag e for Section 895 . 1 and 1039.1, Title 14 of the California Adm f' nistrative Code. The proposed regulations dealt with changes req ired as a result of the passage of Senate Bill 398. Added to Sec ion 895.1 was a definition of "good cause is shown ." Section

I • • • 1039 . 1 was amended to allow an e xt e nsion of the effective period of t plan beyond three years .

Bas f d on testimony received during the hearing the Board proposes to ~dopt the language with several modifications. Subsection (b) of t he good cause definition was del e ted. The word original was del j1 ted from Subsection (a) of 1039.1 . A requirement to include a map was added to Subsection (b) o f 1039.1. An explanatory sentence was added to 1039.1 making i t clear that a request for extension of time is presumed to be a minor deviation unless cer t ain factors occur. The pro po sed lang uage is shown in the attached draft with the chang e s s hown in handwritten form .

The l soard intends to adopt the lang uag e as shown in the attached dra f t on March 5 , 1986 , during the mee ting held at the Holiday Inn f 611 Ocean Street , Santa Cruz, California. This language is mad ~ available for public informtion pursuant to Section 11364 . 8(c) of the Government Code . The Board will receive comt ents on these changes at it's above listed Sacramento office address from February 14 , 1986 through March 3, 1986. The Public heat ing has been closed .

Sincerely yours ,

De nni s Orrick Coun ty Liaison

l 1. Amend 14 CAC 895.1 by adding the following new definition in alphabetical

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order:

"good cause is shown11 as used in PRC 4590 roc>ans when:~

~ ~al) _!th~e!:._Jpe_l~an~_;s~ub~m~i:.~t;!t~e:Er_epr~e~s~e:!n~t:_:s~f~a~c:!;t~s~w~h_!ic£h~~G~O?!P?!'~P~· n~c~e~t~h~9~Q~i!r!ei.~s~t~•1~



natural disaster, have prevent~-~~as_ible cornp~et~?.'2 ... ?_f __ ~-~~_::i~~r: _ .

o~ration within th0 t.>ff cct ivE' pPr iocl of th0 plan,,. emti • .. L·.:__---------------------·- -- ----ls) the plii;i 8ltiJIAtt!\leti" 8!!1t1ifit881i tloio Director ... hat- &<ii @i?J11ifica11t

10 omrfronwoAt2l jmp2e4! liill 8ivnr as a re511Jt of ex ... onding tloic ding t!fi

11 corgplete ttr @pczatiUW!



14 The effective period of the plan within the meaning of PRC 4590 and

15 4591 is the 3-year period following the date the plan is determined

16 to be in conformance or otherwise becomes effcctiv0 pursuant i-o rm-:

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4'jfi2.7. 'l'imber operations shall corrull!'Or<' no <'.'lrli<·r tlrn1 1110 <'XJX'<'t<·ti

date of conmencement stated in the plan and shall be completed no I

later than the expected date of completion stated in the plan, p~e~teee7

howe~er;-that-the-date~-of-eomrneneement-and-eompiet±on-of-t±rnber

da~e-p~epo~ee-~e-be-eha~~ee7 except under the following conditions:

a) An amendment to change the completion date stated in a plan

25 has been submitted to the Director at least ten (10) days before

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COURT PAPER GTATll: O' CA'-IPOANIA STO I 13 1R£V tl-721

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,r'c~PAPER '•TATE 0 .. CAL.,OANIA •fO 113 tREV 8°72 •

oer

b) An amendment to extend tbe effe£tive period of a plap

beyond three years is sub!Dittea in cgnpliance with PBC 4590.

~ ~·h-6 0. ~ ~ cJ~ 1:M.. ~ ~ i:o-tle.. MAff..t ~-·;t.~···O"ll.

upon receipt of such Hee~e amendment, the Director shall determine







found in conformance with PRC 4582.7. Ne-arneftdmeHe-or-ehe-expee~ed

e~ae;;eHs-1'eyeft6-~-eernltftae~en-er-~e-e££eee~ve-~~-e£-ehe-~%aR~



Code.

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COURT PAPER GTATI OP' CAL..,OllNIA STD 113 111£V fl . 7~1

oa•

1. Amend 14 CAC 895 . 1 by adding the following new definition i n alphabetical

order :




agents , such as market conditions, weather , technical difficulties or

natural disaster , have prevented feas_~ble comp~etion __ _?.!__t~~-~j=-~~ .

O_i?«'ratLon within t.h0 effcct_iv0 p<:>riocl or tile pJun; clnd


envirorurental impact will occur as a result of extending the tirre to

complete the operation.

2. Arnend Section 1039 . 1 to read as fol lows :



4591 is the 3-year period following t he date the plan is determined

ro be in conformance or otherwise becomes ef feet i ve pursw-mt· to PH<·

date of commencement stated in the plan and s hall be completed no

later than the expected date of completion stated in the plan , pt'e'o'tdecl.,

h0\'1e~er7-that-the-date~-of-eommencement-and-eomptet±on-of-timber

at-:teast-!0-days-Ret:i:ee-:i:R-wr::i:t:i:REJ-te-the-Btt'eetet'-~ro:i:et'-te-the-e~eted

date-~t'epesecl-te-be-ehar\Ejed7 except under the following conditions:

a ) An amendment ·to change the completion date stated in a plan

has been submitted t o the Director at l east ten (10) days before

_the original-expected date of completion .

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Georgia-Pacific Corporation 90 west Redwood Avenue Fort Bragg, California 9J437 Telephone (707) 964-J6'1

April 15, 1986

Mr. Harold Walt, Chairman California State Board of Forestry P. oi. Box 944246 Sacramento, CA 94244-2460

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Re: : Public Hearing, June 4, 1986 ·Progeny, Provenance or Clonal Test

Dear Mr. Walt:

Georgia-Pacific Corporation urges your adoption of 14 CAC 912.8 as drafted. This regulation will allow submission of a legal timber harvest plan for an area that has been used for testing of trees for many years.

As the Board is aware, this provision in the Forest Practice Act applies to company lands only. We provided the Coast DTAC with a f i~ld trip to show several aspects of our tree improvement and testing program. If you or the staff feels that it is appropriate, we will make a short presentation - roughly 10 minutes - so that ther~ will be a basis in the public hearing record to justify adoption of this regulation.

Please let us know in advance if you wish to have that presentation.

JLM:nun

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Sincerely,

tjvu~M1~ Jere L. Melo Division Forester WESTERN WOOD PROD MFG California Wood Products

STATE OF CALIFORNIA-THE RESOURCES AGENCY GEORGE OEUKMEJIAN, Governor

DEPARTMEl\IT OF FORESTRY 1416 NINTH STREET

~ACRAMENTO, CA 95814

(916) 322-0176

January 24, 1986

5100 5110

FOREST REGULATION Forest Practice Act Board of Forestry Hearing re Rules to Implement SB 398

Honorable Harold Walt, Chairman State Board of Forestry 1416 Ninth Street, Room 1506-14 Sacramento, CA 95814

Dear Hal:

T~e Department has the following comments concerning the rules to be heard on February 4, 1986 to implement the requirements of Senate Bill 398. A definition for the phrase "good cause is shown" is supported by the Department. There have been differences of ocinion over the meaning of the phrase as used in PRC 4590: which reenforces the need for a clear definition in the Administrative Code.

:

Subsection (a) of the defini"tion provides clarifying information ~eeded to i~pleme~~ ?RC 45~0 by plan submitters and the D~partment. It establishes that an extension must be for more than the convenience of the plan submitter, and that the Director must be convinced of the need for the extension. Subsection (b) is unnecessary. Forest Practice Rules (14 CAC 1036, 1039, and 1040) already address amendments that could have significant adverse environmental impacts. Amendments that could have significant adverse impacts are required to b~ treated and acted upon by the Director in the same manner as a Timber Harvesting Plan.

There has been discussion that the changes to 14 CAC 1039.1 should also include direction to the Department that extensions of time should be considered a minor deviation. Normally, extensions of time are minor deviations, however, there may be exceptions. Conditions can change during the three-year life of a plan, which may require a more detailed review. A few examples are:

1. Rules have been amended. Amended PRC 4590 requires compliance with rules in effect when application for extension is made. Under PRC 4583, the area may previously have been partially harvested under earlier rules.

2. A road constructed early in the conduct of a plan has become blocked by an unforeseen slide and must be reopened to complete the extension. Perhaps the road should be relocated or at least redesigned.

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· · cONSERVAT1otns w1sE us~EEP CALIFoRNIA 0

GREEN AND. GoLDEN ., ... ..···· ...

'·

·... .... '\ .. . . .

Honorable Harold Walt 2 January 24, 1986

3. New additions to the list of rare, threatened, or endangered species may require additional protections. PRC 4590 requires, with the time extension, that the timber operation comply with any new rules.

4.f Fire, insects, windstorm, etc., may have so altered stand conditions as to require reconsideration of silvicultural systems and logging methods.

The result is that the Department does not see how time extensions can automatically be considered minor deviations since a few extensions have the potential for serious impacts.

Department staff will be available at the hearing to discuss the Depa~tment's position.

JERRY PARTAIN Director

Attachment

bee: Region Chiefs

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14CAC 1039.1 AND 895.1

tlOT!CE: Notice is hereby given that the California State Boa=d or Forestry, consistent with the provisions of Section 11346 et seq. of the.Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a t!mber harvesting plan (THP) and the definition of ttgood cause'' to extend the effective period.

INFORMATIVE DIGEST: Senate Bill 398 (Chapter 891, 1985) ame~ded Section 4590 and 4591 of the Public Resources Code (PRC} to allow the three year effective period of a THP to be extended by a~e~d~e~t Eo= a one year period, up to a maximum of two exte~sions, if {!) ~cod

I cause is shown and (2) all operations are in conforma~ce wi~h ~he

I plan, Chapter 8 of the PRC, and all applicable rules and regulations.

!

Sectlion 1039.1 Title 14, Califqrnia Administrative Code (CAC) sti9ulates that the THP com9let1on date cannot be a~endec beyon~ t~=~= yea= effective pe~iod cf the plan. Thi~ section is a~~nded :o b=ing it into co~for~ance with the amended PRC 4590 a~d 459~.

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ting rules and regulations do not define "good cause". c;,.c Sect

1

1on 895.1 is amended to define "good cause is shown" as used PRC .4590.

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HEARING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the first floor auditorium, Resources Building, 1416 Ninth Street, Sacr.amento, California 95914. Any person interested may present statements and arguments orally or in writing relevant to the proposed rulel at the hearing. The Chairman of the Board may impose such time limits as necessary for the conduct of the hearing.

LAST DAY FOR f.Q11!1ENTS: The Board of Forestry will continue to receive written comments on this proposed rule in its office at 1416 Ninth Street, Room 1506-14, Sacramento, California 95814, until 5:00 p.rn. on February 3, 1986.

~QQ!I!QllAL !NFORM~I!Q~: The Soard has prepared a State~ent of Reasons providing an explnation of the pur~ose, b~ckground, anc justification of the amendments. The Statement is available from the Board on request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this proposed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board office.

. . : .. , .. .· .· ~ .... ... . ...... . ::' • ·. !°-'. : .. . ...

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The Soard may adopt a regulation with modifications if the regulatior1, as modified. is sufficiently related to the text mad~ available to the public so that the public was adequately placed on notice that the regulation as modified could result from the proposed regulatory action. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official identified below.

CO~!~: There will be no additional net costs or savings to any State agency nor any State mandated costs to local agencies of government or school districts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondiscretionary costs or mandates imposed on local agencies or school districts. Th~r~ :s no cost impact on private persons. This proposal will have no adverse economic impact on small businesses. There will be no cost or savings in federal funding to the State.

::::Ee: GN :wusrNG COSTS AND ~~AL~ E!Q§JNES§: The pro9osed action will. h;·:;~-no -~ignifi~i'1t-ad~e;se effect on housing costs or on small bt:.s i:'"lesses.

.. AUT_gQ~ .. U:Y: The Board proposes 'to approve this rule under the authority granted by Sections 4551. 4553, 45SO and 4591 of the ?u~li~ Resou:ces Code. The p~=~ose cf this =ule is to im~leme~t. inter?=e:. and1make scecific provisions of Sections 4590 and 4591 Public

' . Resources Code ..

I £Q~!~£I: Any inquiries concerning this proposed rule may be directed to Mr. Dennis Orrick, staff for the State Board of Forestry. at the above address or at (916) 322-0128.

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PROBLEM DESCRIPTION


Senate Bill 398 (Chapter 891, 1985) amended PRC 4590 to allow for an extension for one year, up to a maximum of two extensions, if (1) good cause 1s shown and (2) all timber operations ~re in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations. PRC 4591 was ame~ded to allow a THP to be extended by an amendment.

California Administrative Code (CAC) Sectio~ 1039.1 stipulates the TH? completion date cannot be amended beyond the three yea~ effective period of the plan. This section therefore does not conform to the amended PRC 4590 and 4591. Also, "good cause is shown" is not defined•,in e;<isting rules and regulations.

II. S?ECIFIC PURPOSE: ANO STAT:'.!-ENT Q.f. N=::Ci::SSITY FOR !?RO!?OS!:O ~CTION

The purpose of the a~e~d~ent to Section 1039.1 is to bring it into conformance with the amended PRC 4-690 and 4591. The section is a~ended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590. The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC. Section 895.1 of the CAC ls amended to include the definition "good cause is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all forest d!stric~s.

A definition is necessary to prevent differences of opinions between the plan submitter who requests an extension and the Director who must decide if the request shows "good cause". The amendment would define "good cause is shown" as the submission by the plan submitter of facts which convince the Director that factors beyond the control of the submitter prevented the completion of the operation. Examples of these factors, (market conditions, weather, technical difficulties or natural disaster) are given to help clarify the definition .

• l. • •. •• • • • '~. •• •• • •• • .. • : • • - ~ •

:::; ·- .·. ;: / ... :. :~ ... ~.::: -:· ::,.:- .~ ~ ; -.·:.·. ·. : ;., i~·:..-.. : .. • .

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The amendment also requires that for "good cause" to be shown. facts must be submitted by the submitter that convince the Director that no significant environment impact will occur as a result of extending the time to complete the operation. This is necessary to make it clear that the Director has the authority to refuse a request to extend a plan if the extension poses a significant effect on the environment.


The proposed amendments pose no significant adverse environmental effects as they are procedural and explanatory. The definition of "good cause" also requires that the · Director be convinced that any extension not result in significant environmental impacts.

V. POSSIBLE ~ITIGATION MEASURES

vr.


ALTERNATIVES .. A. Acce?t proposed amendments 3. Hake no change. This alte=native would create confusion in

the implementation of the PRC Sections 4590 and 4591 as no one would be sure of the definition of "good cause". Also there would be a contradiction between CAC Section 1039.l and PRC Sections 4590 and 4591.



There are no mandates to local governments or school district$. The proposed rule changes will result in undeterminable cost savings on private persons

VIII. IMfACT Q~ HOUSING ~OSTS ANO BUSINESSES


IX. STRIKEOUT AND UNDERSCORE (See next pages)

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2 order:


4 a) the plan submitter presents facts which convince the Director

5 that factors beyond the control of the plan submitter and his or he:.-

6 agents, such as market conditions, wea~,er, technical difEiculties or

7 natural disaster, have prevented feas_lble ccmpletiC:~ .. .?_~-~~::_~:i.~~-~~--· ··-

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b) the ~lan submitte~ convi~ces ~~e Director b1.at no sLgnificant

environrr:ental impact will cccur as a resd t of extecclir.g t.1.e time to

com~lete the o~eration.

A.1.e~d Sectic~ 1039.l to ~

::-eaC. as fol io...,"S :

1039. l. Eff~c:':i~le ?'2ricd ....,;.. ~--.e ?la.n

The effective t::ericd of t:-:e 9la.rt within the n:e.::.nir.c; of PRC 4590 and

4591 is the 3-year s;e:.-icd follcw~r.g the date the plan is deter:ni::ed

to be in conforma.r.ce or other-..;ise cecorr:es effect i 11r:> EJUr.suant· to rRC

date of ccmrr.ence1T.ent stated in the plan and shall be completed no

later than G~e e:<p:cted date of completion stated in the plan, ~~e~~eecl,

eate-~l:'e~~ee-te-be-eha~e;e::h e:<cept under the foll~~ .. 1ing conditions:_

a) An amendrrent·to change the completion date stated in a plan

has been submitted to the Director at least ten {10) days before

_the oriqinal-expected_date of completion.

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~ •:uuRT PAPER •. ,.JC 0, C•LIFOA .. tA

·•l1 113 .,.,y 8·'11•

oor

bl An amendment to e:<tend the effes;ti.ve cericd of a plan

l?evond three years is sul;mitted in compliar,re wi~b PRC d590,

Upon receipt of such notiee amendment, the Director shall determine





arr.ended plan shall be submitted and no till".i:€r operations shall be

conducted pursuant to such pro~osed change u.~til such a.rr.en&:ent is

found in conforrrance wi~~ PRC 4582.7. He-e~~c:.~e~t-~=-e~e-e~~tee

Reference: Sect.ions 4582.7, 4590, 459.!. a.-.c 4591..!., ?.±:.i:: ?.esct.::"ces

Cede.

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1. Amend 14 CAC 895.l by adding the follcrwing new definit1.on in al!•tli.ilPI :cal

order:

"good cause is shovvn" as u.:c.~~--0 in PHC _li590 10?-_l~~~1!1~r2:_~

~ 4J,- the plan submitter presents fact_s which ~-"6>'-~~! ~factors beyond the control of the plan_ sub~i ttc1~ and _01~o.I__t~i:_i:





16 to be in conformance or otherwise becomes ef feet i vr rursu.1nt 1·0 PIK'

17

18 date of comrrencement stated in the plan and shall be completed no· .

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COIJRT PAPER ~TAT'- or CAILIP'(.JlltNIJo.

Srn ••3 1nEv o 12•

o••

• later than the expected date of completion stated in the plan, t=ire"!tdee,.

however7-that-the-date~-of-com.-nencement-and-comptet±on-of-t±mber

a) An amendment to change the completion date ::;__tc:tc~ in a plcH2

has b?en submitted to the 1?.~~~~-~~st ten (1_2..!_day:~ ~!£.:.::._

the fJ~i?ft,!-exoected date of completion.

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r PAPE:H o r CALlfonu1 A.

o1., 11J 1tt f, V li · l ' •

0 1 •

bl An amendment to extend the 0ffect ive oer Loc1 of 9 plan

bevonXthree years js submitted in compliance wi th PRC 4590 )

~~0-~~~i:k OJ\:ll.. ~ io-t.k ~¥~I

Upon receipt ot such ftetiee amendmen t , the Director shall determine

whether the change in date constitutes a substant ial deviat i.on of th<?.


deviation , then the Director shall, prior to the date to

be changed , so notify the person submitting the plan . In this case , an

amended pl an shall be submitted and no timber operations shall be

conducted pur suant to such proposed change until such amendment is

found in conformance with PRC 4582.7. He- emeftclmeftt- ef - the-expeeted

NarE: Authority cited : Sections 4551 and 4590 , Public Resources Code.

Reference : Sections 4582 . 7, 4590 , 4591 and 4591 . 1 , Public Resources

Code .

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State of California STD 398 (3 /83)

FACE SHEET (Seo Instructions on Reverse)

(OAL·2)

FOR FILING NOTICE OF PROPOSED REGULATORY ACTION FOR PUBLICATION

IN THE CALIFORNIA ADMINISTRATIVE NOTICE REGlSTER

NCY

Board of Forestry CONTACT PERSON

Dennis Orrick TYPE OF NOTICE

TELEPHONE NUMBER

322-0128

Check one or more of the boxes below to indicate the type of notice submitted.

REGULAR NOTICES

Ga INITIAL NOTICE OF PROPOSED ACTION TO ADOPT, AMEND OR REPEAL

0 NOTICE OF PROPOSED ACTION AS A RESULT OF THE REVIEW OF EXISTING REGULATIONS

0 NOTICE FOLLOWING ADOPTION OF EMERGENCY REGULATIONS (GOV. CODE SEC. 11346.1(e))

0 NOTICE AS A RESULT OF CHANGES REQUIRING NEW 45-DAY NOTICE PERIOD (GOV. CODE SEC. 11346.8(c))

IS THIS A BUILDING STANDARD REGULATION? 0 Yes 11J No

OTHER TYPES OF NOTICES

0 NOTICE OF REVIEW OF EXISTING REGULATIONS

0 NOTICE FOLLOWING REQUEST FOR A PUBLIC HEARING (GOV. CODE SEC. 11346.8)

0 NOTICE OF INTENT TO DEVELOP REGULATIONS

0 NOTICE OF GENERAL PUBLIC INTEREST

0 NOTICE OF AVAILABILITY OF MODIFIED TEXT (GOV. CODE SEC. 11346.8(c))

Notices of regulatory change involving building standards must be accompanied by the written approval of the Building Standards Commission of the date, time and place of the hearing.

S THIS PROPOSED ACTION SCHEDULED ON YOUR AGENCY RULEMAKING CALENDAR? l 111is information is for statistical purposes) 0 Yes · ~ No

NOTICE FILING REQUIREMENTS A Notice must be received by the Office of Administrative Law (OAL) at least 1 O calendar days prior to the desired publication date of the Cali fornia Administrative Notice Register. The Notice Register is published every Friday. Notices submitted to OAL before 5:00 p.m. on Tuesday will be published on the second Friday following the date of receipt. The 45-day notice period required by Government Code Section 11346.4 begins with the day following the publication date. When filing the Notic:e. the following must be submitted:

• ONE FACE SHEET FOR FILING NOTICE OF PROPOSED REGULATORY ACTION (STD 398). • FOUR COPIES OF THE NOTICE WITH THE TEXT APPEARING ON ONE SIDE ONLY (PLACE STD 398 ON TOP

OF THE NOTICE COPIES). • ONE COPY OF THE INITIAL STATEMENT OF REASONS. • ONE COPY OF THE PROPOSED REGULATIONS. USE STRIKEOUT/ UNDERLINE TO INDICATE CHANGES IN AN

EXISTING SECTION. REPEAL OF ENTIRE SECTIONS MAY BE INDICATED BY PLACING A DIAGONAL SLASH THROUGH THE TEXT. FOR ADOPTION OF NEW SECTIONS, UNDERSCORE IS NOT REQUIRED.

OFFICE OF ADMINISTRATIVE LAW (OAL) APPROVAL OAL reviews the notice for compliance with the requirements of the Government Code. OAL will contact the agency within three business days to correct any deficiencies. If deficiencies cannot be corrected by agreement between OAL and the agency within the three·day period, OAL will promptly return the notice to the agency with a letter explaining OAL 's reasons for disapproval.

OAL USE ONLY CONTROL NUMBER DATE RECEIVED AND PUBLICATION DATE

DEC - 6 1985 DEC 2 0 1985 Jffice of Administl'otive Low

I. PUBLICATION REQUIREMENTS

PUBLICATION AND CONTENT REQUIREMENTS FOR

NOTICES OF PROPOSED REGULA TORY ACTION

(See Government Code Section 11346.4 for fuH text.)

At least 45 days prior to the hearing or close of the public comment period for the adoption, amendment or repeal of a regulation, notice of the proposed action shaN be:

1. Mailed to every person who has filed a request for notice of regulatory action with the state agency.

2. Mailed to a representative number of small business enterprises or their representatives which have been identified as being affected by the proposed action.

3. Published in the Cafifomia Administrative Notice Register as prepared by the Office of Administrative Law.

4. When appropriate in the judgment of the state agency, (a) mailed to any person or group of persons whom the agency believes to be interested in the proposed action, and (b) published in such a form and manner as the state agency shall prescribe.

II. CONTENT REQUIREMENTS (See Government Code Sections 11346.13, 11346.5, 11346.51 and 11346.53 for full text.)

1. The date, time and place of any scheduled public hearing.

2. The date of the close of the written comment period if no hearing is scheduled.

3. A statement indicating that a pubfic hearing may be requested (required when no hearing is scheduled). ·•. l

4. Citation of the authority to adopt regulations.

5. Citation of the specific statute being implemented, interpreted or made specific.

6. Informative Digest.

7. Statement of availability of proposed text and the Initial Statement of Reasons.

8. FISC8l Impact Statement.

9. Local Mandate Statement.

10. Housing Cost Impact Statement.

11. Small Business Impact Statement.

12. Statement of cost impact on private persons or businesses.

13. Name and telephone number of person to contact for information.

FOR ADDmONAL INFORMATION REGARDING NOTICE PROCEDURES SEE OAL REGULATIONS HANDBOOK

§t utc of <.!rlllifornin

i!ioarZl of tlforentry 1 4 1 6 NIN'TH STREET

S A C RAMENTO , C ALIFORNIA 95814

February 11 , 1986

TO: MEMBERS OF 'rHE PUBLIC

FROM: Board Staf f

CEOH<: E lll·: 1 1 t-:\l!·:jt.\~ C:• l ll l\1\(JI!

SUBJECT: Language fo r 14 CAC 895.1 a nd 1039.1 c i rculat ed under 15 day requir ement of t he Gove rnment Code .

On Re b 4 and 5, 1986 the Board of Forestry discuss ed proposed lanJ uage fo r Section 895.1 a n<l 1039 . 1, Ti t l e 14 o f the California Admtn istrative Code. The proposed regulations dealt with changes r equ i r ed as a res u l t of the passaqe o f Senate Bill 398 . Added to Sec tion 89 5 .1 was a de fin i t i on of "good c a use is shown ." Sec tion 1039.1 was amended to all ow an extension of th e effective period of a p lan be yond t hr ee yea r s .

Based on t es timony r eceived duri ng the hearing the Board proposes to ado pt t he language wi th severa l modifica tions . Subsection (b) of the good cause definiti on was de le ted . The word original was del e ted from Subsection (a) of 103 9. 1. A r equ irement to inc l ude a map was add ed to Subsec t i on (b) o f 103 9 . 1. An explanatory sen tence wa s add ed t o 1039 . 1 making i t clear t hat a request for extension of time is pres umed t o be a minor deviati on unless cer t ain f ac tors occur. The proposed language is shown in the attached draft with the change s shown in handwritten for m.

The Board i ntend s to adopt the l ang uage as shown in t he attached draft on March 5 , 1986, d ur i ng the meeting he ld at the Holiday Inn, 611 Oce an Stree t , Sa nta C~ California . This language i s made available for public inf.Q.£..mtiOi;) pursuant to Sect ion 11364 . 8(c) of th e Government Code . The Board wi l l rece i ve comments on t hese changes at , it's ,above 1 isted Sacrame nto off ice add ress from February 14, 1986 thro ugh March 3, 1986 . The Public hearing has been closed .

Sincerely yours,

Den n i s Orrick County Lia ison

IJRT PAPER

l 1. Amend 14 CAC 895.l by adding the following new definitioi:i in alphaiPt H:al

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order:

"good cause is sho.-m" as used in PRC 4590 rreans when:~

-tilt. a) the plan submitter presents facts which qip•rjpce +1-- n: .. ei..i.·

~ factors beyond the control of the plan submitter and hi_s or_ h~~


.!:lat~ral disaster, have preven~-~-~eas_ible comp~et~~~ ... ?!_ .. '.:~1e ~:j!.~0.r ...


1039.l. Effective Period of the Plan


· 15 4591 is the 3-year period following the date the plan is determined

16 to be in confor!Tl.'.lnce or otheNise becomes effect i vr pursuant· t·(')· PHr.

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4')fi2.7. 'l'irnb0.r operations shall C(')ITIIOC'nr.<' no 0nrlil·r llrn1 lhr 1·x111·<'ll'll

date of cormiencerrent stated in the plan and shall be c-ompleted no

later than the expected date of corrpletion stated in the plan, proevidee1

howe~er7-that-the-date~-of-eonvreneement-and-eompietion-of-t±mber

dote-p~eposee-te-be-ehaM~eo~ ~Y:cept under the following conditions:_

a) An umendrrent to change the completion date stated in a plar::i

25 has been submitted to the Director at least ten (10) days be~~

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·'I• or c''"""~""•• ..., 1 'l '"l \ f'I. 1 J.

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b) An amendirent t0 extend the dfect i ve per bod of q Pldn

beyonct three yP-ars is sub!Ditteci in complifJDC~ with PRr 4590.

~~"-~~~~ ~ ~ io-t!C.. ~.t ~ .tjL¥ ().:av) '

Upon receipt ot such netiee amendment, the Director shall detcrmin0





amended plan shall be submitted and no timber operations shall b?


found in conformance with PRC 4582.7. Ne-emendment-of-the-e~te-d

NarE: Authority cited: Sections 4551 and 4590, Public Resources Code.


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•~PA.PER ,... 'r CAU,OftHIA

·. I) • n1 "I tt IJ •

Oor

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14CAC 1039.1 AND 895.1

NOTICE: Notice is hereby given that the California State Board of Forestry, consistent with the provisions of Section 11346 et seq. of the Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a timber harvesting plan (THP) and the definition of "good cause" to extend the effective period.

INFORMATIVE DIGEST: Senate Bill 398 (Chapter 891, 1985) amended Section 4590 and 4591 of the Public Resources Code {PRC) to allow the three year effective period of a THP to be extended by amendment for

i a one year period, up to a maximum of two extensions, if (1) good caus.e is shown and ( 2) all operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations.

Section 1039.1 Title 14, California Administrative Code (CAC) stipulates that the THP completion date cannot be amended beyond the three year effective period of the plan. This section is amended to bring it into conformance with the amended PRC 4590 and 4591.


HEARING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the ifirst floor auditorium, Resources Building, 1416 Ninth Street, Sacramento, California 95814. Any person interested may present statements and arguments orally or in writing relevant to the proposed rule at the hearing. The Chairman of the Board may impose such time limits as necessary for the conduct of the hearing.

LAST DAY FOR COMMENTS: The Board of Forestry will continue to receive written comments on this proposed rule in its office at 1416 Ninth Street, Room 1506-14, Sacramento, California 95814, until 5:00 p.m. on February 3, 1986.

ADDITIONAL INFORMATION: The Board has prepared a Statement of Reasons providing an explnation of the purpose, background, and justification of the amendments. The Statement is available from the Board on request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this

I pro~osed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board office.

The Board may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the public so that the public was adequately placed on notice that the regulation as modified could result from the proposed regulatory action. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official identified below.

COSTS: There will be no additional net costs or savings to any State agency nor any State mandated costs to local agencies of government or school districts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondiscretionary costs or mandates imposed on local agencies or school districts. There is no cost impact on private persons. This proposal will have no adv~rse economic impact on small businesses~ There will be no cost or savings in federal funding to the State.

' EFFECT ON HOUSING COSTS AND SMALL BUSINESS: The proposed action will have no significant adverse effect on housing costs or on small businesses.

I I

AUTHORITY: The Board proposes to approve this rule under the authority granted by Sections 4551, 4553, 4590 and 4591 of the Public Resources Code. The purpose of this rule is to implement, interpret, and make specific provisions of Sections 4590 and 4591 Public Resources Code.

CONTACT: Any inquiries concerning this proposed rule may be directed to Mr. Dennis Orrick, staff for the State Board of Forestry, at the above address or at (916) 322-0128.



I.

II.



PROBLEM DESCRIPTION


Senate Bill 398 (Chapter 891, 1985) amended PRC 4590 to allow for an extension for one year, up to a maximum of two extensions, if (1) good cause is shown and (2) all timber operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations. PRC 4591 was amended to allow a THP to be extended by an amendment.·



The purpose of the amendment to Section 1039.1 is to bring it into conformance with the amended PRC 4590 and 4591. The section is

1 amended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590. The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC. Section 895.1 of the CAC is amended to include the definition "good cause is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all forest districts.

A definition is necessary to prevent differences of opinions between the plan submitter who requests an extension and the Director who must decide if the request shows "good cause". The amendment would define "good cause is shown" as the submission by the plan submitter of facts which convince the Director that factors beyond the control of the submitter prevented the completion of the operation. Examples of these factors, (market conditions, weather, technical difficulties or natural disaster) are given to help clarify the definition.

..

The amendment also requires that for "good cause" to be shown, facts must be submitted by the submitter that convince the Director that no significant environment impact will occur as a result of extending the time to complete the .operation. This is necessary to make it clear that the Director has the authority to refuse a request to extend a plan if the extension poses a significant effect on the environment.


IV. POSSIBLE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS




VI. ALTERNATIVES







IX.



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COURT PAPER UTA.Tr!: 0,. CALIP'ORNtA STD. 113 <REY. 0·721

OS~

1.

2.

Amend 14 CAC 895.1 by adding the following new definition in alphabetical

order:





natural disaster, have prevented feasible completion of the timber



environmental impact will occur as a result of extending the tlll'e to



1039.1. Effective Period of the Plan




4582.7. Timber operations shall conunence no earlier than the expected


later than the expected date of completion stated in the plan, p.t"ev:h'ied,

howe~er7-that-the-dates-of-eorrmeneernent-and-eornpiet±on-of-t±mber

aaee-p~epesea-ee-be-ehaA~ee~ except under the following conditions:



.the oriqinal-e~ted date of c~letion.

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COURT PAPER GT ATC 0, CALlf'ORNIA STD. 113 (REV. 8·72>

o•~

b) An amendment to extend the effective period of. a plan

beyond three years is submittea in .compliaoce with PBC 4590,

Upon receipt of such Heeiee amendment, the Director shall determine






conducted pursuant to such proposed change Qiltil such amendment is

found in conformance with PRC 4582.7. Ne-amendment-e£-the-e~ted

e~~atiens-beyeft6-the-eet'lflinatien-e£-ehe-e££eetive-~~ied-e£-the-~lart~



Code.

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14CAC 1039.l AND 895.l

NOTICE: Notice is hereby given that the California State Board of Forestry, consistent with the provisions of Section 11346 et seq. of the !Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a timber harvesting plan (THP) and the definition of "good cause" to extend the effective period.

INFORMATIVE DIGEST: Senate Bill 398 (Chapter 891, 1985) amended Section 4590 and 4591 of the Public Resources Code (PRC) to allow the thr~e year effective period of a THP to be extended by amendment for a ode year period, up to a maximum of two extensions, if (1) good cau~e is shown and (2) all operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations.

Sect:ion 1039 .1 Title 14, California Administrative Code (CAC) stipplates that the THP completion date cannot be amended beyond the thre'e year effective period of the plan. This section is amended to bring it into conformance with the amended PRC 4590 and 4591.

Exis'1ting rules and regulations do not define "good cause". CAC

Section 895.1 is amended to define "good cause is shown" as used in PRC 4590.

HEARING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the first floor auditorium, Resources Building, 1416 Ninth Street, Sacramento, California 95814. Any person interested may present statements and arguments orally or in writing relevant to the proposed rule! at the hearing. The Chairman of the Board may impose such time limi~s as necessary for the conduct of the hearing.

LAST DAY FOR COMMENTS: The Board of Forestry will continue to receive written comments on this proposed rule in its office at 1416 Ninth Street, Room 1506-14, Sacramento, California 95814, until 5:00 p.m. on February 3, 1986.

! !

ADDITIONAL INFORMATION: The Board has prepared a Statement of Reasons providing an explnation of the purpose, background, and justification of the amendments. The Statement is available from the Board on request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this proposed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board office.

I

,

The Board may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the public so that the public was adequately placed on notice that the 'regulation as modified could result from the proposed regulatory action. The text of any regulation as modified will be made ava~lable to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regtilation as modified should be addressed to the agency official iden~if ied below.

' COSTS: There will be no additional net costs or savings to any State agenby nor any State mandated costs to local agencies of government ·or schobl districts that require reimbursement under Section 2231 of the Revehue and Taxation Code. There are no other nondiscretionary costs or mandates imposed on local agencies or school districts. There is no cbst impact on private persons. This proposal will have no adverse economic impact on small businesses·. There will be no cost or saviigs in federal funding to the State.

EFFECT ON HOUSING COSTS AND SMALL BUSINESS: The proposed action will have] no-Significant adver;E; effect on housing costs or on small businesses.

I AUTHORITY: The Board proposes to approve this rule under the authority granted by Sections 4551, 4553, 4590 and 4591 of the Public Reso~rces Code. The purpose of this rule is to implement, interpret, and +ake specific provisions of Sections 4590 and 4591 Public Resources Code.


I STATE BOARD OF FORESTRY


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COURT PAPER STATr Of' CAl..IFORNIA STo. , 13 1REV. 9.721

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1.

2.

'

Amend 14 CAC 895.1 by adding the following new definition in alphabetical

order:

11 good cause is shown 11 as used in PRC 4590 means when:

the plan submitter presents facts which describe the factors beyond the

control of the plan submitter and his or her agents, such as market

conditions, weather, technical difficulties or natural disaster, that have

prevented feasible completion of the timber operation within the effective ,

period of the plan.

NOTE: Authority cited: Sections 4551, 4551.5 and 4562.7, Public

Resources Code. Reference: Sections 4512, 4513, 4526, 4551.5, 5093.50

and 2100l(f), Public Resources Code; Sections 100, 1243, 13000 and

13050(f), Water Code; Section 5650(c), Fish and Game Code.

Amend Section 1039.l to read as follo\'1S:



is the 3-year period following the date the plan is determined to be in

conformance or otherwise becomes effective pursuant to PRC 4582.7.

Timber operations shall commence no earlier than the expected date of

commencement stated in the plan and shall be completed not later than the

expected date of completion stated in the plan, i;FeYlaee, AeweYeF; tl=lat

tl=le-eates-eF-eemmeAeemeRt-aAe-eem~+etleA-eF-tlmeeF-l=laFYestlR§-ei;eFatl9AS

Fe~eFFee-te-lR-tAe-i;taA-may-ee-ameReee-ey-§lYlR§-at-+east-+9-eays-Retlee

lR-WFltlR§-te-tl=le-9lFeeteF-i;Fl9F-te-tl=le-exi;eetea-eate-i;Fei;eseel-te-ee

eAaR§ee~ except under the following conditions:




.-

1

2



3 includes a map showing clearly the area pertaining to the request

4 for extension.

5 Upon receipt of such Aetiee amendment, the Director shall determine


7 plan. An extension of time is presumed to be a minor deviation, provided

8 the extension does not lead to practices that constitute a substantial

9 deviation, as defined in Section 1036, 14 CAC. If the Director determines

10 that such change of date constitutes a substantial deviation, then the

11 Director shall, prior to the date to be changed, so notify the person

12 submitting the pl an. In this case, an amended pl an shall be submitted

13 and no timber operations shall be conducted pursuant to such proposed

14 change until such amendment is found in conformance with PRC 4582.7.

15 : Ne-affieAdffieAt-eJ-tke-e~peeted-date-eJ-eemptetieA-eF-timeeP-kaPvest4R§ I

16 epePatieAs-skatt-a~tAePi~e-epePatieAs-eeyeAd-tke-tePmiAat~eA-eF-tAe

18 NOTE: Authority cited: Sections 4551, 4553, 4590 and 4591, Public

19 Resources Code. Reference: Sections 4582.7, 4590, 4591 and 4591.1,

20: Public Resources Code.

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COURT PAPER STATlt 0,. CAL.IFORNIA . STO. 113 cAEV 0·72• i~

'.I 01.. 1!

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.,. .J' .

.. ·- State of California Office of Administrative Law

Memorandum

From

Subject:

File No.:

\1\\b t.\nllh, Strcc;± , Bro . \5Qb- \t\ Telephone: A TSS ( (

.fs\i ;\\l~liSC\\\l l STAFF COUNSEL

APPROrAL FOR PUBLICATION OF NOTICE OF PROPOSED ACTION NO. z su;- lci(\o·o . , FILED_-_,a_-G,~-r-.!2.l"-"-5~'("""----

(date)

The ~dministrative Procedure Act (APA), Government Code section 11346'. 4 (e), authorizes the Off ice of Administrative Law (OAL) to revidw notices submitted for publication for compliance with Article 5 of the APA, Government Code sections 11346--11347.S.

Your 1agency submitted the above referenced Notice of proposeg actidn for publication in the California Administrative Notice

• r .. -Reg 1ster.

I

(check if applicable):

• At the request of your agency, OAL made certain changes in the submitted material. These ~hanges are shown in attachment A, a copy of the changed page/pages of the Notice. i ·

[or]

With your memorandum dated , your agency submitted additional material at OAL 1 s request to facilitate prompt publication of the Notice. '

After reviewing the notice filing (which consisted of the Notice, Initial Statement of Reasons, and the Express Terms of the proposed action), OAL has approved publication of the Notice in the Notice Reg is ter of \a·dfd-9.5

aate) , '· . ' ..

,.

-2-

OAL's pre-publication review of your Notice does not substitute for, include, or supersede the subsequent substantive and procedural review of your proposed regulations and rulemaking file. This latter review will be conducted after the completed rulemak ing file is submitted to OAL for review under Government Code section 11349.3.

• I

In t~is pre-publication phase, OAL performs only a limited review of the Notice (including the Informative Digest), the proposed text, and the Initial Statement of Reasons, primarily for purposes of publication.

Later, in the review of the completed rulemaking file, it is possible that APA non-compliance problems in the notice, initial statement of reasons, or text as originally proposed could lead to disapproval of the file by OAL. For example, the prepublication review does not evaluate the proposed regulation in terms of necessity, clarity, consistency, non-duplication, authority or reference under Government Code section 11349.1.

I

If y6u have any questions regarding this matter, please contact me at ( 916) oaq-\014 or ATSS 8- J.\10-\\)1(.\ • .-

Encl. Date~stamped copy of Notice 13/appl

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14CAC 1039.l AND 895.1

NOTlCE: Notice is hereby given that the California State Board of Forestry, consistent with the provisions of Section 11346 et seq. of the Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a timber harvesting plan (THP) and the definition of "good cause" to ext~nd the effective period.

INFdRMATIVE DIGEST: Senate Bill 398 (Chapter 891, 1985) amended Sect:ion 4590 and 4591 of the Public Resources Code (PRC) to allow the thr~e year effective period of a THP to be extended by amendment for a one year period, up to a maximum of two extensions, if (1) good cause is shown and (2) all operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations.

Sect~on 1039.1 Title 14, California Administrative Code {CAC) stipflates that the THP completion date cannot be amended beyond the thre,e year effective period of the plan. This section is amended to bring it into conformance with the amended PRC 4590 and 4591.


i • HEAR[NG: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the first floor auditorium, Resources Building, 1416 Ninth Street, Sacrhmento, California 95814. Any person interested may present statements and arguments orally or in writing relevant to the proposed rulei at the hearing. The Chairman of the Board may impose such time limi~s as necessary for the conduct of the hearing.

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of Forestry will continue to receive rule in its office at 1416 Ninth California 95814, until 5:00 p.m. on

ADDITIONAL INFORMATION: The Board has prepared a Statement of Reasons providing an explnation of the purpose, background, and justification of the amendments. The Statement is available from the Board on request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this prop9sed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board off ice.

The Board may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the public so that the public was adequately placed on notice that the regulation as modified could result from the proposed regulatory action. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official identified below.

COSTS: There will be no additional net costs or savings to any State agency nor any State mandated costs to local agencies of government or scho9l districts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondiscretionary costs or mandates imposed on local agencies or school districts. There is no cost impact on private persons. This proposal will have no adverse economic impact on small businesses·. There will be no cost or savings in federal funding to the State.

EFFECT ON HOUSING COSTS AND SMALL BUSINESS: The proposed action will have no significant adverse effect on housing costs or on small businesses.

AUTHORITY: The Board proposes to approve this rule under the authority granted by Sections 4551, 4553, 4590 and 4591 of the Public Reso,urces Code. The purpose of this rule is to implement, interpret, and 'make specific provisions of Sections 4590 and 4591 Public Resources Code.



~(],.~ Dean A. Cromwell Executive Officer

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COURT PAPER OTATK 0,. CAl."ORNlA Sto 113 1nc.v o .72•

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1. Amend 14 CAC 895.1 by adding the following new definition in alphabetical

order :

"good cause is shown" as used in PRC 4590 means when:~

-ult. ~all _E:th~e~pe_l!_!an~_;s~ub~m~i~t~t~e~rJ::p~r~e~s~en~ts~f~a~c~t~s~wh~i~c:Ih~e~o~n~u~i~n~c~e~t~h~o~l!9!!h~'e!s~'i~o~r


a ents , such as mar e t conditions , weather , technical difficul ties or

natural disaster~ve prevented feas_ible comp~etio~..?! __ \~~!:l.rni:<:.~. ~ _

'5) Ll:c pliM 8~1t1i86s£ sem iPl88i tho Di rector that no ei,11ificail t

AP"i EOPR'QRt?l ; 'Rf'??e llill 8'i91w AS a re5plt p f OYtOPd i R'?J tho thAO '498

cgrgplgte tbs Mpczaliott .

2. Amend Section 1039.1 to read as follows :

1039.1 . Effective Period of the Plan



to be in conformance or otherwise becomes ef f0ct· j v0 pursur:mt 1-0· rnc

ll Sf1/ . 7 . 1' i rnl:x-r ope rat i ons sha 11 romf!l •nrc' no 0,1 1 I i c ·r t h.111 t h0 < ·x1 x ·c 'I 1 '< !

dale of commencement s tated i n t he plan and shall be completed no

later than the expected date of completion stated in the plan , p~eviaecl,

however-;-that-the-date~-0£-eommeneement-and-eom1?ietion-0£-timber

clate-~~epesecl-te-be-eheR~ecl7 except under the following conditions :

a) An amendment ·to change the completion date stated in a plan


the QW~!jaa l ex~cted date of completion .

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':OURTPAPER "-TATE Ot' CAL1FORNIA ·-.ro_ 113 rR£V. 0·72•

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bl An amendrrent to extend the effective period of a plan

t?ewnd three years is Submitted in compliaDC§ with PRC 4590.

Upon receipt of such Hetiee amendment, the Director shall determine


plan. If the Director. determines that such change of date constitutes




conducted pursuant to such proposed change until such amendrrent is

found in conformance with PRC 4582.7. No-arneHdrneHt-0£-ehe-e~ted

e~rat~Hs-beyoft6-ehe-~rlM:Hat~H-e£-the-e££eet~ve-~r~-e£-the-plaft~



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COURT PAPER

1 Amend 14 CAC 895.1 by adding the following new definition in alphabetical

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order:

"gocxl cause is shovm" as used in PRC 4590 means when:~

~ ~al.) -~th~e~p2_;l~an~~s~u~b~m~i:.~t:!t~eE_rJpe!r~e~s~e:!:n!!t~s~f~a~c!:t~s~w~h~1~· c~h~c~o=n=':=ri~n~c~e~t~"'~c~El!i~::e~e~i..~c~:r

~factors beyond the control of the plan submitter and his or her


natural disaster, have prevente:?~eas_~ble completi.on ___ ?_f __ ~~e _!.:_~~r- ... _ ..

o~ration within the ~ffect ive period of the pJan.., eird • -· -------------·--- ·---is) U1- flilR e\!HJ~itt@r @8th ii1ees '-ho Di ract 0

,,,_ th~•· Pei 0ig11ifica1tt

10 am•fronlilsaRt2l iqne4! 11ill e@x'l'r as a resqlt of ex'"onding '-J;;;ic t;;i.R¥01 ~8

11 complete tho epczaliom

12 Amend Section 1039.1 to read as follows:

13 1039.1~ Effective Period of the Plan

14 The e~fective period of the plan within the meaning of PRC 4590 and


16 to be in conformance or otherwise becomes effect i Vf> pursuant· to· rnr.

17 . 45fi2. 7. Timrer operations shal 1 comrnc'nr.<' no <'<'ffl i<·r I 11;-m I hr <"'Xp<·c·1 c·cl

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later than the expected date of completion stated in the plan, previded7

howe~er;-that-the-date~-of-commencement-and-complet±on-of-t±mber

date-prepe~ed-te-be-ehan9ed7 except under the following conditions:

a) An amendment ·to change the completion date stated in a plan


26 the wri,iR?l•expectedddate of completion.

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GT ATS or CA. ... 110ANIA STD. 113 t11£V. 0·'721

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14CAC 1039.l AND 895.l

!!Ql'.!CE: Notice is hereby given that the California State Board of Forestry, consistent with the provisions of Section 11346 et seq. of theiGovernment Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a tim~er harvesting plan (THP) and the definition of "good cause" to extend the effective period.

INFJRMATIVB DIGEST: Senate Bill 398 (Chapter 891, 1985) amended Section 4590 and 4591 of the Public Resources Code (PRC) to allow the

I three year effective period of a THP to be extended by amendment for

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a one year period, up to a maximum of two extensions, if (1) good cause is shown and (2) all operations are in conformance with the

I pl~, Chapter 8 of the PRC, and all applicable rules and regulations.

Sec~ion 1039.1 Title 14, California Administrative Code (CAC) I

sti~ulates that the THP completion date cannot be amended beyond the thr~e year effective period of the plan. This section is amended to briqg it into conformance with the amended PRC 4590 and 4591.

Existing rules and regulations do not define "good cause". CAC Section 895 .1 is amended t"o define "good cause is shown" as used in PRC 14590.

H~ING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the first floor auditorium, Resources Building, 1416 Ninth Street, Sac flDlento, California 95814. Any person interested may present statements and arguments orally or in writing relevant to the proposed rule: at the hearing. The Chairman of the Board may impose such time limirs as necessary for the conduct of the hearing.

LAST1 DAY FOR COMMENTS: The Board of Forestry will continue to receive writ~en comments on this proposed rule in its office at 1416 Ninth Stre~t, Room 1506-14, Sacramento, California 95814, until 5:00 p.m. on Febr~ary 3, 1986.

ADDITIONAL INFORMATION: The Board has prepared a Statement of Reasons providing an explnation of the purpose, background, and justification of the amendments. The Statement is available from the Board on requ~st. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this proposed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board office.

The Board may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the ~ public so that the public was adequately placed on notice that I the regulation as modified could result from the proposed regulatory action. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official identified below.

CO§TS: There will be no additional net costs or savings to any State agency nor any State mandated costs to local agencies of government or school districts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondiscretionary costs or mandates imposed on local agencies or school districts. There is no cost impact on private persons. This proposal will have no adverse economic impact on small businesses. There will be no cost or savings in federal funding to the State~

_gF~~CT Q~ ~OU§,!NG QOST§ AND §MALL BU§!.NESS: The proposed action wi 11 have no significant adverse effect on housing costs or on small businesses.


QONIACT: Any inquiries concerning this proposed rule may be directed to Mr. Dennis Orrick, staff for the State Board of Forestry, at the above address or at (916) 322-0128.


~Cl.~ Dean A. Cromwell Executive Officer

I.

II.


CONCERNING BPPECTIVE PERIOD AND GOOD CAUSE

PROBLEM DESCRIPTION



California Administrative Code (CAC) Section 1039.l stipulates the THP completion date cannot be amended beyond the .three year effective period of the plan. This section therefore does not conform to the amended PRC 4590 and 4591. Also, "good cause is shown" is not defined in existing rules and regulations.


The purpose of the amendment to Section 1039.1 is to bring it into conformance with the amended PRC 4590 and 4591. The section is amended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590. The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.1 CAC.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC. Section 895.l of the CAC is amended to include the definition "good cause is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.1 will make the definition apply statewide in all forest districts.


The amendment also requires that for "good cause" to be shown, facts must be submitted by the submitter that convince the Direct~ that no significant environment impact will occur as a result of extending the time to complete the operation. This is necessary to make it clear that the Director has the authority to refuse a request to extend a plan if the extension poses a significant effect on the environment. ·


IV. POSSIBLE SIGNIFICANT ADVERSE ENVIRONMENTAL EFFECTS

The proposed amendments pose no significant.adverse environmental effects as they are procedural and explanatory. The definition of "good cause" also requires that the Director be convinced that any extension not result in significant environmental impacts.



VI. ALTERNATIVES

A. B.

Accept proposed amendments Make no change. This alternative would create confusion in the implementation of the PRC Sections 4590 and 4591 as no one would be sure of the definition of "good cause". Also there would be a contradiction between CAC Section 1039.1 and PRC Sections 4590 and 4591.





IX.




2 order:


4 a) the plan submitter presents facts which convince the Director

5 that factors beyond the control of the plan submitter and his or her

6 agents, such as market conditions, weather, technical difficulties or

7 natural disaster, have prevented feasible completion __ ~~--~~e _1:i_~~ ____ .

8 ~r~tion within t.he _effC<'t ive pe_riod of the pJan; cmd

9 b) the plan submitter convinces the Director that no significant

10 environmental impact will occur as a result of extending the time to

11 complete the operation.

12 2 Amend Section 1039.1 to read as follows:




16 to be in conformance or otherwise becomes effective pursuant· t.o· PRC

17 4582.7. TimbC"r operations shall rorrarrncc- no <"'arli<'r· than Ill<"' <>x1x•c'll'<I

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later than the expected date of completion stated in the plan, pf'evidea,.

howe~er;-that-the-dete~-of-eo~neernent-and-eompfet±on-of-t±mber

aate-p!'6pesea-~-1'e-ehe~ea~ except under the following conditions:



26 _the original-expected date of completion.

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COURT PAPER OTATll OP' CALIPORNIA STD I 13 onEV. 8°721

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<:OURT PAPER '•TA.Tit OP C~Lll'ORNIA ·fO t 13 •"EV. 04721

OSP

bl An amendment to extend tbe effective oeriOO of a.plap

beyond three yMrs is sub!Dittea in comolianc;e with pRC 4590.

Upon receipt of such fte~*ee amendment, the Director shall determine







found in conformance with PRC 4582.7. Ne-emel'\emen~-e£-~e-e~~ed

epe~e~:i:ene-1'eyeft6-~e-~rmi:He~:i:eH-e£-~e-e££ee~*ve-~~*e6-e£-~-~%eR~

NOTE: Authority cited: Sections 4551 and 4590, Public Resources COOe.

Reference:

cooe.

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Sections 4582.7, 4590, 4591 and 4591.1, Public Resources

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14CAC 1039.l AND 895.l

NOTICE: Notice is hereby given that the California State Board of Fo3estry, consistent with the provisions of Section 11346 et seq. of th~ Government Code, will hold a public hearing to discuss the adoption of proposed rules dealing with the effective period of a timber harvesting plan (THP) and the definition of "good cause" to extrnd the effective period.

INFPRMATIVE DIGEST: Senate Bill 398 (Chapter 891, 1985) amended Sec~ion 4590 and 4591 of the Public Resources Code (PRC) to allow the three year effective period of a THP to be extended by amendment for

I

a one year period, up to a maximum of two extensions, if (1) good caufe is shown and (2) all operations are in conformance with the plan, Chapter 8 of the PRC, and all applicable rules and regulations.

· Seciion 1039.1 Title 14, California Administrative Code (CAC) I

sti~ulates that the THP completion date cannot be amended beyond the three year effective period of the plan. This section is amended to bring it into conformance with the amended PRC 4590 and 4591.

I Existing rules and regulations do not define "good cause". CAC Section 895.l is amended to define "good cause is shown" as used in PRC14590.

HEARING: The hearing is scheduled for 10:00 a.m., February 4, 1986 in the~first floor auditorium, Resources Building, 1416 Ninth Street, Sac amento, California 95814. Any person interested may present sta ements and arguments orally or in writing relevant to the proposed rul~ at the hearing. The Chairman of the Board may impose such time lim~ts as necessary for the conduct of the hearing.

LAS~ DAY FOR COMMENTS: The Board of Forestry will continue to receive wri t'

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ten comments on this proposed rule in 1 ts off ice at 1416 Ninth Street, Room 1506-14, Sacramento, California 95814, until 5:00 p.m. on Febrµary 3, 1986.

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ADDITIONAL INFORMATION: providing an explnation of the amendments. The

The Board has prepared a Statement of Reasons of the purpose, background, and justification Statement is available from the Board on

I request. A copy of the express terms of the proposed amendments using strikeout to indicate deletion and underline to indicate addition to the California Administrative Code is also available upon request. Additionally, all the information considered as the basis for this proposed regulation (i.e., rule-making file) is available for public reading/perusal at the above listed Board office.

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The Board may adopt a regulation with modifications if the regulation, as modified, is sufficiently related to the text made available to the ~ public so that the public was adequately placed on notice that the regulation as modified could result from the proposed regulatory action. The text of any regulation as modified will be made available to the public at least fifteen (15) days prior to the date on which the Board adopted the regulation. A request for a copy of any regulation as modified should be addressed to the agency official identified below.

COSTS: There will be no additional net costs or savings to any State agency nor any State mandated costs to local agencies of government or school districts that require reimbursement under Section 2231 of the Revenue and Taxation Code. There are no other nondiscretionary costs or mandates imposed on local agencies or school districts. There is no cost impact on private persons. This proposal will have no adverse economic impact on small businesses. There will be no cost or savings in federal funding to the State.

~~FECI Q~ ~QQ§!NG QOST§ AND SMALL ~Q§!NES§: The proposed action will have no significant adverse effect on housing costs or on small businesses.


CON!ACT: Any inquiries concerning this proposed rule may be directed to Mr. Dennis Orrick, staff for the State Board of Forestry, at the above address or at (916) 322-0128.



•/


CONCERNING BPPBCTIVE PERIOD AND GOOD CAUSE

I • 1. PROBLEM DESCRIPTION

II .1

I





The purpose of the amendment to Section 1039.1 is to bring it into conformance with the amended PRC 4590 and 4591. The section is amended to allow an extension of the effective period of a plan beyond three years if a request is submitted in compliance with PRC 4590. The amendment is necessary in order to remove the contradiction to the PRC contained within 1039.l CAC.

The requirement that "good cause is shown" before a THP can be extended beyond three years is not defined in the PRC or in the CAC. Section 895.1 of the CAC is amended to include the definition "good cause is shown", as used in PRC 4590. The definition would be inserted in alphabetical order. Inclusion in Section 895.l will make the definition apply statewide in all forest districts.


, J

The amendment also requires that for "good cause" to be shown, facts must be submitted by the submitter that convince the Direc•~ that no significant environment impact will occur as a result of extending the time to complete the operation. This is necessary to make it clear that the Director has the authority to refuse a request to extend a plan if the extension poses a significant effect on the environment.


IV. ~QSSIBLE SIGNIFICANT ADVERSE ENVIRONMENTAL ~FFECTS

The proposed amendments pose no significant.adverse environmental effects as they are procedural and explanatory. The definition of "good cause" also requires that the Director be convinced that any extension not result in significant environmental impacts.



VI. ALTERNATIVES

A. B.

Accept proposed amendments Make no change. This alternative would create confusion in the implementation of the PRC Sections 4590 and 4591 as no one would be sure of the definition of "good cause". Also there would be a contradiction between CAC Section 1039.1 and PRC Sections 4590 and 4591.


There are no additional net costs to any State agency nor any state-mandated costs to local agencies of gov~rnment that require reimbursement under Section 2231 of the Revenue and Taxation Code because of any duties, obligations; or responsibilities imposed on state or local agencies. This order can be accomplished with no additional net costs or such costs are entered into voluntarily. This order does not create any savings or additional costs of administration for any agency of the United States Government over and above the program appropriations made by Congress.



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COURT PAPER OTAT& or CAl.IFORNIA STD. 113 !REV 0·721

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11. Amend 14 CAC 895.1 by adding the following new definition in alphabetical

order:

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natural disaster, have prevented feas_~ble completi.on _ __?_~--~~~-1:i~~r __ . _ ..

~ration within the t-ffcct _iveo period of the plan! and

b) the plan submitter convinces the Director that no sign~f icant

environmental impact will occur as a result of extending the time to






to be in conformance or otherwise becomes effect i Vf' pursuant· to· PRC

45fi2. 7. Timber operations shal 1 co1TIJnPnrP no rarl i1•r t lrn1 I h0 l'Xf)(•l'I 1'<1


later than the expected date of completion stated in the plan, l'r'evi:aee.,

howe~er;-that-the-d!tte9-of-eommeneement-and-eompfet±on-of-t±mber

eeee-p!'e~see-~-1'e-ehe~e6':' except under the following conditions:



_the original-expected date of completion.

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•;Q URT PAPER '. rATF: o r CALIP'OR N IA .ro 1 13 • ll CV B-7 2•

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b) An amendment to extend t he effect ive e.e,riocl of: a plag

beyond thr ee years is subffittte<l i n .compliance with PRC 4590.

Upon receipt of such ftetiee amendment , the Director shall determine

whether the change in date constitutes a subst ant ial deviation of t he

plan . If the Director determines that such change of date const itutes

a substantial deviation, then the Director shall, pri or to the date to

be changed , so notify the person submitting the plan. In this case , an

amended plan shall be submitted and no timber operati ons shall be

conducted pursuant to such proposed change unti l such amendment is

found in conformance wit h PRC 4582 .7. Ne-ameftclmeftt-0£-the-ex~eted

e~~atiefts-beyeftcl-the-tefifttftatieft-ef-the-e££eeti~e-~~iocl-e£-the-~laft~

NOTE: Authority cited : Sections 4551 and 4590, Public Resources Code .

Reference : Sections 4582 . 7, 4590 , 4591 and 4591.1 , Public Resources

Code.

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Senate Bill No. 398

CHAPTER 891

An act to amend and repeal Sections 4585, 4586, 4587, 4590, and 4591 of the Public Resources Code, relating to forest practices.

[Approved by Governor September 21, 1985. Filed with Secretary of State September 23, 1!>85.)

LEGISLATIVE COUNSEL'S DIGEST

SB 398, Nielsen. Forest practices: timber harvesting plan: term. Under the Z'berg-Nejedly Forest Practice Act of 1973, generally,

no person may conduct timber operations unless the person has submitted a timber harvesting plan to the Department of Forestry and has been granted a license from the State Board of Forestry. Under the act, the timber harvesting plan is effective for a period of 3 years; however, stocking work may continue longer, but is required to be completed within 5 years after the conclusion of other work. The act also requires the timber owner within one month after completion of the work described in a timber harvesting plan, other than restocking, to file a completion report with the department.

This bill would permit an operator to annually file a completion report for a completed portion of the area covered by a timber harvesting plan. The bill would also authorize the effective period of a timber harvesting plan on which work has been commenced but not completed to be extended for an additional one-year period, up to a maximum of 2 one-year extensions, with respect to any area for which a completion report has not been filed, if good cause is shown and all timber operations are in conformance with the plan, the act, and applicable rules and regulations, and upon filing a prescribed notice of extension with the department not sooner than 30, but at least 10, days prior to the expiration date of the plan.

The provisions of the bill would be repealed on January 1, 1990, unless a later enacted statute deletes or extends that date.

The people of the State of California do enact as follo ws:

SECTION 1. Section 4585 of the Public Resources Code is amended to read:

4585. (a) Within one month after completion of the work described in the timber harvesting plan, excluding work for stocking, a report shall be filed by the timber owner or the owner's agent with the department that all work except stocking has been completed.

(b ) If all of the work described in the plan has not been completed, a report may be filed annually with respect to a portion of the area covered by the plan which has been completed. The portion completed shall be adequately identified on a map submitted

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Ch. 891 -2-

with the report. (c) This section shall remain in effect only until January 1, 1990,

and as of that date is repealed, nnless a later enacted statute, which is enacted before January 1, 1990, deletes or extends that date. If that date is not dele ted or extended, then, on and after January 1, 1990, pursuant to Section 9611 of the Government Code, Section 4585 of the Public Resources Code, as amended by Section 91 of Chapter 1300 of the Statutes of 1976, shall have the same force and effect as if this temporary provision bad not been enacted.

SEC. 2. Section 4586 of the Public Resources Code is amended to read:

4586. Within six months of the receipt of the work completion report specified in Section 4585, the director shall determine, by inspection, whether the work described in the report, excluding stocking, has been properly completed in conformity with the rules and regulations of the board and standards of this chapter. If it has been so completed, the director shall issue a report of satisfactory completion of all items except stocking. If not, the director shall take such corrective action as he or she deems appropriate in accordance with Article 8 (commencing with Section 4601) .

This section shall remain in effect only until January 1, 1990, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1990, deletes or extends that date. If that date is not deleted or extended, then, on and after January 1, 1990, pursuant to Section 9611 of the Government Code, Section 4586 of the Public Resources Code, as amended by Section 265 of Chapter 676 of the Statutes of 1980, shall have the same force and effect as if this temporary provision had not been enacted.


4587. (a) Within five years after completion of timber operations on an area identified in a report submitted pursuant to Section 4585, a report of stocking with respect to that area shall be filed by the timber owner or the owner 's agent with the department. The board, by regulation, shall establish one or more statistically valid standardized sampling procedures designed to measure the number of trees and their dispersion.

(b) Notwithstanding subdivision (a), the board shall promulgate regulations which specify the conditions and manner in which the necessity of employing sampling procedures may be waived. The regulations shall provide that, in addition to any other possible conditions which may be required by the board, the standard sampling procedures may be waived only if the director or the director 's representative and the timber owner or a registered professional forester ::icting as the owner's agent agree that the area is adequately stocked to meet the ~tandards of Llris chapter and other applicable rules or regulations of the board. The regulations shall require that, if the director or the director 's representative does not

92 90

-3- Ch. 891

agree that the area is so stocked, a standardized sample shall be required.

(c) This section shall remain in effect only until January 1, 1990, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1990, dele tes or extends that date. If that date is not deleted or extended, then, on and after January 1, 1990, pursuant to Section 9611 of the Government Code, Section 4587 of the Public Resources Code, as amended by Section 3 of Chapter 1181 of the Statutes of 1978, shall have the same force and effect as if this temporary provision had not been enacted.


4590. (a) (1) A timber harvesting plan is effective for a period of not more than three years, unless extended pursuant to paragraph (2).

(2) A timber harvesting plan on which work has been commenced but not completed may be extended by amendment for a one-year period in order to complete the work, up to a maximum of two one-year extensions, if (1) good cause is shown and (2) all timber operations are in conformance with the plan, this chapter, and all applicable rules and regulations, upon the filing of the notice of extension as required by this paragraph. The extension shall apply to any area covered by the plan for which a report has not been submitted under Section 4585. The notice of extension shall be provided to the department not sooner than 30 days, but at least 10 days, prior to the expiration date of the plan. The notice shall include the circumstances which prevented a timely completion of the work under the plan and, consistent with Section 4583, an agreement to comply with this chapter and the rules and regulations of the board as they exist on the date the extension notice is filed.

(b) Stocking work may continue for more than the effective period of the plan under subdivision (a) , but shall be completed within five years after the conclusion of other work.

(c) This section shall remain in effect only until January 1, 1990, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1990, deletes or extends that date. If that date is not deleted or extended, then, on and after January 1, 1990, pursuant to Section 9611 of the Government Code, Section 4590 of the Public Resources Code, as added by Section 4 of Chapter 880 of the Statutes of 1973, shall have the same force and effect as if this temporary provision had not been enacted.


4591. Amendments to the original timber harvesting plan maybe submitted detailing proposed changes from the original plan. Substantial deviations from the original plan shall not be undertaken until the amendment has been filed with, and acted upon, by the department in accordance with Sections 4582.7 and 4583. An

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Ch. 891 -4-

amendment may not extend the effective period of the plan, except as provided in Section 4590.

This section shall remain in effect only until January 1, 1990, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1990, deletes or extends that date. H that date is not deleted or extended, then, on and after January l, 1990, pursuant to Section 9611 of the Government Code, Section 4591 of the Public Resources Code, as amended by Section 95 of Chapter 1300 of the Statutes of 1976, shall have the same force and effect as if this temporary provision had not been enacted.

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I ' < -' :::: 6 • c.n

To: Members, State Board of Forestry ....... , ~-

....,., rn c::o

From : Robert E. Dean I

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Date : February 4, 1986 c :-q t .. : ; . , . -r • I I .. Subject: BOARD AGENDA ITEM 8 ....-~

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The Coast DTAC met in Ukiah on Thursday, January 23, 1986. The entire commi ttee was present including new members Dave Christy, 11 Mick 11 Smith, ~oy Webster and Warren White . Officers reelected for 1986 were Bob Dean, chairman, and Dave Turner, vice-chairman.

Ed Martin and Bob Willhite reported on the past Board meeti ng, including t he status of cumulative effects, t he 208 monitoring program and Centennial II reaction .

Pete Passof, newly appointed interim Hardwood-Range lands Program Manager, UC Extension, gave us an update of the hardwood study task force . He passed out a copy of "Preliminary Guidelines fo r Managing Californi a's Hardwood Rangeland s'' and explained its use and i ntent, inc luding his future involvement in educating and i nf luencing ranchers in hardwood utilization .

The committee then turned to r eviewing the hearing drafts of CAC 895.1 - Definition of "good cause" to extend the effect ive period of the plan and CAC 1039 . 1--Chan ges in "effective" period of the plan. After considerable discussion , a proposed package was agreed upon on an 8- 1 vote . The dissent ing vote was primarily concerned with the fact that t he Direc tor \'JOuld not have the final approval as to 1·Jhether "good cause" was shovm by the plan submitter . It was genera l ly fel t by the rest of t he committee , as well as the major ity of those in attend ance, that if not specifically stated, at least it was assumed that the Director had to be convinced that "good cause" v1as shm·m. If he was not convi nced, he could refuse to extend the plan and other avenues would have to be pursued in order to complete har vesti ng . DTAC recommended wording will be presented at the time of public hear ing this morning .

Fin al order of business pertained t o a r equest from RPF Ralph Osterling of San Mateo . Mr. Osterling has concerns regarding the shortcomings of Coast Sub-District rules as they address eucalyptus silvitulture, specifically the need to use the clearcut regeneration method . Our next meeting \'1as then scheduled for February 24 and 25 at Half Moon Bay to include a field trip of euca lyptu s man agement to be hosted by M~ . Oster l ing fol lowed by a di scussion of t he rule limitations.

T e meet ing adjourned at 2:00 p.m .

Respectfully submitted,

I ~ £ J}.flah.._ Robert E. Dean, Chairman COAST DISTRICT TECHNICAL ADVISORY COMMITTE E

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>URT PAPER 4Tf or C.t.\.."O.,,,, . 0 "3 incv n. ,,.

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COAST DTAC RECOMMENDED ~HANGES

1. Amend 14~ 89~. l by adding the following new definition in alphabetical

order:


a ) ~e p~~c~nvi~ DiJ:eo...tor../

~factorsc:::>beyond the contro~ of the plan submitt; r andl:::r her -

agents , such as market conditions , weather , technical dif ficulties or

I ·natural disaster, have prevente_?_feas_ible completi.012._?_!__t_~~~:i~r: _.

~Fr~tion wi~!_'2_ l he effect _i.ve pc>_yicx~- of th0 pJan ; ~

Ltpe~U;~o~~ir~t no~ ,,.. e~~cs,...wffi\~ ~s~f~ng pe~A? ;J

~~~r~ 2. Amend Section 1039 .1 to read as fo llows :




t.o be in conforrrance or otherwise becomes ef feet j v0 pursu;mt to rnr

date of corranencement stated in the plan and shal l be completed no

later than the expected date of completion stated in the plan , ~~e~ieee,

h~e~er7-that-the-date~-of-eommeneement-and-eomptetion-of-timber

~ete-~~e~sea-te-be-eher.~ea~ except under the fol lowing conditions:

a) An amendrnent ·to change the completion date stat ed i n a plan


_the@expected date of completion .

Ill


three years is submi tted in compliance with PRC 4590, which includes

provisions for (1) an agreement to comply with the act and rules as

they exist on the date the extension is requested, and (2) a ma p is

s! bmitted showing clear l y the area pertaining to the request f or extension.

Upon receipt of such Aet4ee amendment, the Director shall determine

wj ether the change in date const itutes a substantial deviation of the dw to-,.\-\OV\

p an. An extension of time is oresumed to be a minor ~fflefHimsi:ct , provided

tne extension does not lead to practices t hat constitute a substantia l

dkviation, as defined in 14 CAC 1036. If the Director determines that

such change of date constitutes a substantia l deviation, then the Director

shall, prior to the date to be changed, so notify the person subm i tting

the plan . In this case, an amended plan shal l be submitted and no timber

operat i ons shall be conducted pursuant to such proposed change until

such amendment is found in conformance with PRC 4582.7 . Ne-ameA~meAt

NOTE: Author ity cited: Sections 4551 and 4590, Public Resources Code.

Reference: Sections 4582.7, 4590, 4591 and 4591.1, Public Resources I

Code .

LEGEND CDTAC Del etions: CDTAC Additions: Board Staff Deletions: Board Staff Additions:

a abcdef ghijkl mnopq aee9ef-- §Rtj kf- - ffiA9~~ abcdef ghijkl mnopq

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! (NV. Y1flL Amend 14 CAC 895.1 by adding the following new definition in alphabetical

order:

"qood cause is shawn" as used in PRC 4590 means when: Wl.l1cH PIE.SC~IBE.

a) the plan submitter presents facts ·,~a.ea e@~· ·i~eil ~© Qii;e~ur ()t\J;::'o~~ € ~ f\/ t&=AC(O,R.. -S 'E.f:at faete•e ee,•eng the eentrel ef tl:le 13lM-1 e\iSA:iitter aRe Ric or her=

.,eRtc, such as market conditions, weather, technical difficulties or /f/A-r

natural disaster" have prevented :fieas;iele completion of t.he U.mber. . ' --- -· ---· ·---- --·-·- ....

o~ration within thf' t->ffC'C"1 i.ve pc>ricxl of til0 plan(" rtfld--.I:~--- ------·- ---

e) the plan s~itter cerwinces the blirecter tJ:iat no sig11ificant

10 ·er:1viroomental i111pac't .,,ill ooc\:lr as a result of oirtenein9 the tifflO to

11 eoFRelete t.1:10 operation.

12 Arnend Section 1039.1 to read as follows:


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COURT PAPER !iT•TC or C-'l.."O"N•A STD 113 tRE\f n.72•



to be in conformance or otherwise becomes effcctjvc:> pursuant· to" rm-:


later than the expected date of corrpletion stated in the plan, ~r:e¥~oee7

ea~e-~~~see-~-f)e-ehefl~ed~ except under the following conditions:

a) An amc>....ndment·to change the conpletion date stated in a olan

has been submitted to the Director at least ten (10) days oefore

the .3rieiRal eh""Cected date of comoletion.

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bl An amendment to extend the P;fect1 ve period of 9 pl ar

bevonc'l three veaq is submj_tted i n com;)}] c:pre with 03r .1590 . re

[,,..I H1 ...:..h

« UfX>n receipt of such not~ee amendment, the Director shal l determi ne ·7

whether the change in date constitutes a substantial deviat ion of t he

plan.I\. If the Director determines that such change of dat e constitutes


7 be changed, so notify the person submitting the plan. In this case, an

8 amended plan shall be submitted and no timber operations shall be

9 conduc~ed pursuant to such proposed change until such amendment is

10 found in conformance with PRC 4582 .7. No-ornenoment-of-the-e~eted

13 NOTE: Authority cited : Sections 4551 and 4590, Public Resources Code .

14 Reference: Sections 4582. 7, 4590, 4591 and 4591.1, Public Resources

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Code.

C - INC.lUO..tf::-.S fl<.DVISIO/J5, roR.. (J' AN 1Cj(,f<.'2.<EM-?..N~ 111 ./

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• OURT PAPER tot1.TC O r' CA.Lt,.0•.,.lA,

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State of California

Memorandum

Mr. Pete Bontadelli Deputy Director Department of Fish and Game 1416 Ninth Street Box 944209 Sacramento, CA 94244-2090

From Department of Forestry

Subject, 5100 FOREST REGULATION 5110 Forest Practice Act

Dote March 6, 1986

R 3

Telephone: A TSS ( ) {316 ) 322-0173

Ken Delfino has asked me to write you concerning recent amendments to the Forest Practice Rules adopted to implement Senate Bill 398. That' bill allows for the extension of Timber Harvesting Plans (THPs) for up to two years. The amendments in question are to define 11 good cause is shown" in 14 CAC 895.1 and to amend 14 CAC 1039.1 that prescribes the term of a THP.

We recommended the deletion of part (b) of the definition for three reasons explained further on. Part (b) would have required the plan submitters to convince the Director of Forestry that no significaht environmental impact would result from a proposed THP extetsion. The Board of Forestry followed our recommendation and dele

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ed the proposed requirement. Our reasons were as follows:

1. It is not appropriate to include a requirement in a definition.

2. The wording is unnecessary because the requirement is already essentially covered by other regulations. 14 CAC 1039.1 requires the Director to determine whether a change in completion date constitutes a minor or substantial deviation. These deviations are defined. Any substantial deviation would in fact be a significant environmental impact and would require full review in the same manner as a new THP. A minor deviation would not have a significant environmental impact.

3. The effect of the deleted wording would have been to prevent the Director from approving a THP extension. Nothing would have been gained by doing so. We already have a provision for extending THPs under PRC 4605. We have used the process a number of times, but it is cumbersome. That's why we supported SB 398. When we can't use the new rules, we will still fall back to the former process. The only question is whether significant impacts will be mitigated. That will be done under either process.

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Mr. Pete Bontadelli 2 March 6, 1986

We 1ried to explain this during the various Board of Forestry and

DTA9 hearings on the rules. Perhaps we didn't explain it as well as we should.

Call me at 2-0173 if you have any questions.

ms

cc: K. Delfino

U;tr~z;:_-Eawara F. Martfn Forest Practice

Program Manager

Documents

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