BILL NUMBER: SB 1648	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2004

INTRODUCED BY   Senator Chesbro

                        FEBRUARY 20, 2004

   An act to amend Sections 4631, 4631.5, 4637, 4638, 4639, 4640,
4651, and 4653 of, to add Sections 4638.5 and 4639.5 to, to add
Article 5 (commencing with Section 4665) to Chapter 9 of Part 2 of
Division 4 of, and to repeal Section 4636 of, the Public Resources
Code, relating to forest resources.

	LEGISLATIVE COUNSEL'S DIGEST

   SB 1648, as amended, Chesbro.  Forest resources.
   (1) Existing law defines "continuous production" for state forest
purposes.
   This bill would repeal that definition.
   (2) Existing law defines "forest land," for state forest purposes,
as lands primarily suited to growing timber and other forest
products.
   The bill would, instead, define that term as lands primarily
suited to growing forest species that occur naturally in the state.
   (3) Existing law defines "forest products," for state forest
purposes, as including sawlogs, pilings, poles, split products,
pulpwood, bolts, bark, and other products.
   The bill would additionally include mulch and nontimber products
in that definition.
   (4) Existing law defines "management," for state forest purposes,
to mean the handling of a forest crop and forest soil so as to
achieve maximum sustained production of high quality forest products
while giving consideration to values relating to recreation,
watershed, wildlife, range and forage, fisheries, and aesthetic
enjoyment.
   The bill would, instead, define the term to mean using a state
forest for demonstrations and scientifically designed studies
regarding forest resource management; maintenance and restoration of
forestland resources; education; recreation; and public enjoyment.
   (5) Existing law defines "protection," for state forest purposes,
to mean protection of forest trees against damage by fire, insects,
disease, and trespass.
   The bill would, instead, define that term to mean protection of
forest resources against damage.
   (6) The bill would define "late seral," for state forest purposes,
to mean the stage in forest development that includes mature and
old-growth forests.
   (7) The bill would define "management plan," for state forest
purposes, to mean a plan approved by the State Board of Forestry and
Fire Protection that provides direction to the Department of Forestry
and Fire Protection regarding management of a state forest.
   (8) Existing law makes various declarations regarding state forest
policy.
   The bill would amend those provisions to emphasize the variety of
purposes that state forests may serve, as well as the reasons for
which state forest lands may be acquired, purchased, leased, or
granted.
   (9) Existing law requires the management of state forests and the
cutting and sale of timber and other forest products from state
forests to conform to regulations prepared by the Director of
Forestry and Fire Protection and approved by the board, as specified.
  Existing law limits the sale of timber and other forest products to
raw materials only.
   The bill would, instead, require those management and cutting and
sale activities to conform to all applicable laws, including
regulations adopted by the board.  The bill would authorize the sale
of minimally processed products, in addition to raw materials.
   (10) Existing law requires state-owned lands classified by the
department and approved by the board as not suited to the growing of
forest products, or necessary to the management of the forest, to be
sold according to state laws.
   The bill would, instead, permit the sale.
   (11) Existing law provides for the acquisition of demonstration
forests.
   The bill would make legislative findings and declarations
regarding Jackson Demonstration State Forest.  The bill would require
the  director to establish a citizens'  board
to appoint a 9-person  advisory committee for the forest, to
facilitate communication, as specified, and an interagency technical
advisory committee, as specified.  The bill would require the use of
an even-aged regeneration system, as defined by the board, in the
forest, to be minimized and limited, as specified.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  no.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 4631 of the Public Resources Code is amended to
read:
   4631.  It is hereby declared that the forests owned and managed by
the state are important public resources suitable for a variety of
purposes, including demonstrations and scientifically designed
studies regarding forest resource management  ; timber
production, where not otherwise constrained  ; maintenance and
restoration of forest land resources; education; recreation; and
public enjoyment.  It is further declared to be the policy of the
state to acquire by purchase, exchange, lease, or grant all of the
following:
   (a)  Cutover lands, the reforestation of which is not assured
under private ownership, to reforest these lands during periods of
unemployment and at other times.
   (b) Liquidating forest lands suitable for the purposes of this
section.
   (c) Demonstration forests adapted to meet local needs of
investigation, demonstration, and education in those timber counties
where the ownership pattern is such that management of small areas is
an important problem.
   (d) One area in each of the following forest districts, Coast
District, Southern Subdistrict of the Coast District, Northern
District, and Southern District, for the purpose of demonstration of
forest resource management.
  SEC. 2.  Section 4631.5 of the Public Resources Code is amended to
read:
   4631.5.  It is further declared to be in the interest of the
welfare of the people of this state that the state do all of the
following:
   (a) Retain the existing land base of state forests for the
purposes declared in Section 4631.
   (b) Cooperate with local governments in mitigating the impacts on
school enrollment of geothermal development that occurs in proximity
to state-owned forest lands.
  SEC. 3.  Section 4636 of the Public Resources Code is repealed.
  SEC. 4.  Section 4637 of the Public Resources Code is amended to
read:
   4637.  "Forest land" means lands primarily suited to growing
forest species that occur naturally in the state.
  SEC. 5.  Section 4638 of the Public Resources Code is amended to
read:
   4638.  "Forest products" includes sawlogs, pilings, poles, split
products, pulpwood, bolts, bark, mulch, and other products, including
nontimber forest products.  Nontimber forest products include water;
habitat for fish, animals, birds, and plants; mushrooms; other plant
products; biological diversity; education; recreation; and public
enjoyment.
  SEC. 6.  Section 4638.5 is added to the Public Resources Code, to
read:  
   4638.5.  (a)  
   4638.5.  The following definitions apply solely for the purposes
of managing state forests:
   (a)  "Late-seral" means the stage in forest development that
includes mature and old-growth forests.
   (b) For purposes of this section, "mature forest" means a defined
stand of trees for which the annual net rate of growth has
culminated.  Stand age, diameter of dominant trees, and stand
structure at maturity vary by forest cover types and local site
conditions.  A mature stand generally contains trees with a smaller
average diameter, less age-class variation, and less structural
complexity than an old-growth stand of the same forest type.
   (c) For purposes of this section, "old-growth" means a forest
stand with moderate to high canopy closure, a multilayered,
multispecies canopy dominated by large overstory trees, a high
incidence of large trees with large, broken tops, and other
indications of decadence, numerous large snags, and heavy
accumulations of logs and other woody debris on the ground.
  SEC. 7.  Section 4639 of the Public Resources Code is amended to
read:
   4639.  "Management" means using a state forest for demonstrations
and scientifically designed studies regarding forest resource
management  ; timber production, where not otherwise constrained
 ; maintenance and restoration of forestland resources;
education; recreation; and public enjoyment.
  SEC. 8.  Section 4639.5 is added to the Public Resources Code, to
read:
   4639.5.  "Management plan" means a plan approved by the board that
provides direction to the department regarding management of a state
forest.
  SEC. 9.  Section 4640 of the Public Resources Code is amended to
read:
   4640.  "Protection" means protection of forest resources against
damage.
  SEC. 10.  Section 4651 of the Public Resources Code is amended to
read:
   4651.  The management of state forests and the cutting and sale of
timber and other forest products from state forests shall conform to
all applicable law, including regulations approved by the board.
The sale of timber and other forest products is limited to raw
materials and minimally processed products only.
  SEC. 11.  Section 4653 of the Public Resources Code is amended to
read:
   4653.  State-owned lands classified by the department and approved
by the board as not suited to the growing of forest products, or
necessary to the management of the forest, may be sold according to
state laws.
  SEC. 12.  Article 5 (commencing with Section 4665) is added to
Chapter 9 of Part 2 of Division 4 of the Public Resources Code, to
read:

      Article 5.  Jackson Demonstration State Forest

   4665.  The Legislature finds and declares all of the following:
   (a) Jackson Demonstration State Forest is a 48,652 acre
state-owned forest near Fort Bragg.  Jackson Demonstration State
Forest is by far the largest  public-owned  
publicly owned  forest in the redwood region between San
Francisco and Humboldt County and offers unique conservation,
restoration, education, recreation, and forest management
demonstration and research opportunities.
   (b) Approximately 12,000 acres of Jackson Demonstration State
Forest's forest stands have not been logged since the initial harvest
entry 80 to 120 years ago.  An additional total of 459 acres of old
growth redwood and Douglas fir are in 11 protected groves.  
The older   These old  forest components are
uncommon assets in the region and shall be managed to preserve and
enhance their natural qualities.
   (c) Management activities at Jackson Demonstration State Forest
shall be directed toward scientifically designed research and
demonstrations, that promote the revitalization of both the region's
environment and its timber production capacity.  
   4666.  (a) The director shall establish a citizens' advisory
 
   4666.  The board shall appoint a nine-person advisory 
committee for Jackson Demonstration State Forest, to facilitate
communication regarding management issues, among the board, the
department, and the public.  
   (b) The director  
   4667.  The board  shall establish an interagency technical
advisory committee to advise the board and the department regarding
management issues at Jackson Demonstration State Forest.  The
technical advisory committee shall include representatives of the
Department of Fish and Game, the North Coast Regional Water Quality
Control Board, the California Geological Survey, and the Department
of Parks and Recreation  , and other agencies that the board
deems appropriate  .  
   4667.  At Jackson Demonstration State Forest, the use of 

   4668.  At Jackson Demonstration State Forest, all of the following
shall apply:
   (a) The use of the  even-aged regeneration system, as defined
by the board, shall be minimized, and limited to experiments
designed and implemented for a specific research purpose.  The
experiments shall include preharvest and postharvest monitoring, with
publication of results as an integral component of the experiment.

   (b) Timber harvesting shall not occur in stands of old growth, as
defined in Section 4638.5, including, but not limited to, those 11
old growth groves totaling 459 acres identified in the Jackson Forest
management plan approved by the board in October 2003.
   (c) A tree or group of trees alive since the year 1850 or earlier
shall not be subject to timber harvesting unless the tree or group of
trees poses a health or safety hazard to persons or property.
   (d) The Mendocino Woodlands Recreation Demonstration Area
transferred by the federal government to the state in 1947,
including, but not limited to, those portions contained within the
Jackson Demonstration State Forest, shall be used for the purposes
authorized under Section 459t of Title 16 of the United States Code.

   4669.  Nothing in this article shall be construed to require
revision of the management plan and environmental impact report for
which the board issued a notice of preparation of a draft
environmental impact report in February of 2004, if both of the
following conditions are met:
   (a) The draft environmental impact report includes an alternative
for consideration and public comment that is consistent with this
article.
   (b) The final environmental impact report and management plan are
consistent with this article.
   4669.5.  If a final management plan and final environmental impact
report consistent with this article have not been certified by the
board pursuant to the notice of preparation of a draft environmental
impact report issued by the board in February of 2004, the following
interim measures shall apply, until the management plan is approved
by the board, or until January 1, 2008, whichever occurs first:
   (a) Timber harvesting consistent with this article shall be
permitted in the forest to the extent necessary to finance basic
state forest operations, including, but not limited to, preparation
of the new management plan and accompanying environmental impact
report.
   (b) All timber plans conducted pursuant to this section shall be
approved by the advisory committee prior to being filed with the
department for timber harvest permit approval.