BILL NUMBER: SB 1648 INTRODUCED
BILL TEXT
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 introduced, 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' 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 to be in the interest of the
welfare of the people of this state and their industries and other
activities involving the use of wood, lumber, poles, piling, and
other forest products, that desirable cutover forest lands, including
those having young and old timber growth, be made fully productive
and that the holding and reforestation of such lands is a necessary
measure predicated on waning supplies of original old growth timber.
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; 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) Such cutover Cutover lands, the
reforestation of which is not assured under private ownership, to
reforest such these lands during
periods of unemployment and at other times.
(b) Liquidating forest lands primarily suitable
for timber production which may be acquired under
precutting agreements the purposes of this section
.
(c) Demonstration forests of 2,000 acres or less
adapted to furnish 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 , not to exceed approximately 40,000 acres,
in each of the following forest districts, Coast
Range Pine and Fir District, North Sierra Pine
District and the South Sierra Pine District, Southern
Subdistrict of the Coast District, Northern District, and Southern
District, for the purpose of demonstration of
economical forest resource management.
These areas shall not include virgin timber except that which is
incidental to areas previously harvested.
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 in
timber production for research and demonstration
the purposes declared in Section 4631
.
(b) Cooperate with local governments in mitigating the impacts on
school enrollment of geothermal development which
that occurs in proximity to state-owned forest lands.
SEC. 3. Section 4636 of the Public Resources Code is repealed.
4636. "Continuous production" means such management as will
approach a balance between depletion and growth.
SEC. 4. Section 4637 of the Public Resources Code is amended to
read:
4637. "Forest land" means lands primarily suited to growing
timber and other forest products 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) "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 the handling of 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 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 .
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 trees
resources against damage by fire,
insects, disease, and trespass .
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
prepared by the director and approved by the board.
These regulations shall be in conformity with forest
management practices designed 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 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, shall
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 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
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
committee for Jackson Demonstration State Forest, to facilitate
communication regarding management issues, among the board, the
department, and the public.
(b) The director 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.
4667. At Jackson Demonstration State Forest, the use of 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.
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