SB 831 (2025) — Geologic hazards: California Geological Survey.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

SENATE BILLNo. 831

CHAPTER 236

Statutes of 2025

[ Approved by Governor October 1, 2025. Filed with Secretary of State October 1, 2025. ]

Introduced by Senator Limón

February 21, 2025

An act to amend Sections 670, 2009, 2201, 2205, 2205.1, 2207.1, 2208, 2622, 2694, 2695, 2696, 2703, 4123, 4584, 4584.1, 4584.2, 4604, and 4629 of, and to repeal Sections 2209, 2210, and 2211 of, the Public Resources Code, relating to public resources.

Vote: majority Appropriation: no Fiscal committee: yes Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law establishes the California Geological Survey in the Department of Conservation, the Director of Conservation, the State Geologist, and the State Mining and Geology Board and sets forth the duties of these entities in connection with the mineral resources, mineral industries, and geology of the state, including assessments of geologic hazards. Existing law makes the department the primary state agency responsible for review and investigation of geologic hazards, including, but not limited to, the strong motion aspects of earthquake and any geologic hazards that may occur in relation to natural disasters.

This bill would expand the duties of the department to review and investigate geologic hazards to specifically include geologic hazards that may occur in relation to climate change and make other related changes.

Existing law authorizes the director to fix a price upon and dispose of to the public all publications of the survey and requires that all money received by the survey from sales of publications issued by the survey be deposited at least once each month in the State Treasury to the credit of the General Fund.

This bill would repeal those provisions.

Existing law requires the State Geologist to compile maps delineating earthquake fault zones, or identifying seismic hazard zones, as applicable, and to submit those maps, as provided, for board review. Within 90 days of board review, existing law requires the State Geologist to take specified actions with respect to those maps, including providing copies of the maps to state and local entities, as described.

This bill would instead require the State Geologist to revise the maps and provide copies of the official maps within 90 days after the comment period concludes.

Existing law authorizes a manufacturer or processor, upon request, to report to the State Geologist data on consumption or utilization of mineral materials. Existing law requires those reports to be confidential.

This bill would instead require these reports to be maintained by the department as confidential if appropriately identified as confidential by the submitting entity.

Existing law requires the Department of Forestry and Fire Protection, when selecting a fuel reduction project, to collaborate with the State Water Resources Control Board and the Department of Fish and Wildlife. Existing law authorizes the Department of Fish and Wildlife, the California regional water quality control boards, and the State Water Resources Control Board, if accompanied by Department of Forestry and Fire Protection personnel and after 24-hour advance notification is given to the landowner, to enter and inspect land during normal business hours at any time after commencement of timber harvest plan activities on the land, as provided.

This bill would additionally require collaboration and consultation with, and extend that authorization to enter and inspect land to, the survey, under those circumstances.

This bill would also make clarifying, conforming, and nonsubstantive changes.

The people of the State of California do enact as follows:

SECTION 1.

Section 670 of the Public Resources Code is amended to read:

670.

The board may appoint an executive officer who shall be exempt from civil service. The board may also employ the clerical assistance necessary for the proper discharge of its duties. Neither the board nor its employees shall have or be given any powers in relation to the administration of the division.

SEC. 2.

Section 2009 of the Public Resources Code is amended to read:

2009.

“Geologic hazard” means a geologic condition that is a potential danger to life and property. Geologic hazards include, but are not limited to, earthquake, landslide, mineral hazards, postfire debris flow, subsidence, coastal and inland erosion, expansive soil, fault displacement, and volcanic eruption.

SEC. 3.

Section 2201 of the Public Resources Code is amended to read:

2201.

The department is the primary state agency responsible for review and investigation of geologic hazards, as defined in Section 2009, including, but not limited to, the strong motion aspects of earthquake and any geologic hazards that may occur in relation to natural disasters and climate change. In this capacity, the survey shall carry out activities and programs to reduce the loss of life and property and protect the environment by mitigating geologic hazards. Specific activities to be carried out by the survey include, but are not limited to, all of the following:

(a) Hazard assessment, including identification and mapping of geologic hazards and estimates of their potential consequences to life, property, and the environment, and the likelihood of occurrence.

(b) Information and advisory services, including the maintenance of a geologic library, a public education program, maintenance of a statewide surface and subsurface geologic database, review functions, and expert consulting.

(c) Emergency response to geologic hazards, including, but not limited to, those related to natural disasters, including the monitoring and assessment of anomalous geologic activity, and the operation of a clearinghouse for postevent earth science investigations.

(d) Development and application of mitigation methods, including identifying state research needs, facilitating needed research, and expediting the application of new research results to public policy and all survey activities related to geologic hazards and the effects of climate change on geologic hazards.

SEC. 4.

Section 2205 of the Public Resources Code is amended to read:

2205.

The State Geologist may do all of the following:

(a) Make, facilitate, and encourage special studies of the mineral resources, mineral industries, geology, and geologic hazards in the state.

(b) Collect statistics concerning the occurrence and production of the economically important minerals and the methods pursued in making their valuable constituents available for commercial use.

(c) Conduct and provide technical assistance to public and private entities, including for geological investigations, studies, and other activities for purposes that include, but are not limited to, the timely identification, delineation, and assessment of geologic hazards and their potential consequences.

(d) Identify and delineate deposits of mineral raw materials in order to prevent their loss to urban encroachment and to assist in their ultimate utilization; and enter into, as the need arises, cooperative agreements, for geological or mineral industry investigations, with public and private entities that may provide for cost sharing or cooperative funding.

(e) Maintain a laboratory, including a mineral, rock, and core repository, for use by survey staff and to conduct other investigations in the line of physical and chemical testing and analysis and mineral identification as may be required in the execution of the plans and operations of the survey under this chapter.

(f) Issue from time to time reports and maps concerning geologic and mineral hazards in the state and the statistics and technology of the mineral industries of the state, including the results of investigations in mineral resources conservation practices; the use and recycling of scrap mineral products; the control, disposal, reclamation, and utilization of mining and mineral processing waste products; and the reclamation of mined lands.

(g) Conduct investigations in mining and metallurgy, including the use and recycling of scrap mineral products and land use practices as these apply to mineral resources conservation, and enter into, as the need arises, cooperative or contractual agreements for those investigations that may provide for cost sharing or cooperative funding.

(h) Conduct investigations in the study and development of methods for the control, disposal, reclamation, and utilization of mining and mineral processing waste products and the reclamation of mined lands, and enter into, as the need arises, cooperative or contractual agreements for those investigations that may provide for cost sharing or cooperative funding.

(i) Enter into, as the need arises, agreements, including, but not limited to, contracts, grant agreements, and cooperative agreements, that may provide funding or operational support for activities of the survey and for the activities of the department that are directly related to the activities of the survey. Activities that may be funded include, but are not limited to, technical, analytic, and research services related to geologic hazards and resources that the survey may provide directly to those entities.

SEC. 5.

Section 2205.1 of the Public Resources Code is amended to read:

2205.1.

Division 1 (commencing with Section 500) and this division shall not be construed as abridging the authorized geologic functions of other state agencies.

SEC. 6.

Section 2207.1 of the Public Resources Code is amended to read:

2207.1.

A manufacturer or processor may report to the State Geologist data on consumption or utilization of mineral materials. Those reports, if appropriately identified as confidential by the submitting entity, shall be maintained by the department as confidential. Publications issued as commodity or marketing studies pursuant to Section 2205 may contain figures from those reports, provided that these figures are presented so as not to disclose the consumption or utilization of minerals by any user.

SEC. 7.

Section 2208 of the Public Resources Code is amended to read:

2208.

The department may at any time enter or examine any and all mines, quarries, wells, mills, reduction works, refining works, and other mineral properties or working plants in this state in order to gather data to comply with this chapter.

SEC. 8.

Section 2209 of the Public Resources Code is repealed.

SEC. 9.

Section 2210 of the Public Resources Code is repealed.

SEC. 10.

Section 2211 of the Public Resources Code is repealed.

SEC. 11.

Section 2622 of the Public Resources Code is amended to read:

2622.

(a) In order to assist cities and counties in their planning, zoning, and building-regulation functions, the State Geologist shall delineate appropriately wide earthquake fault zones to encompass all potentially and recently active traces of the San Andreas, Calaveras, Hayward, and San Jacinto Faults, and such other faults, or segments thereof, as the State Geologist determines to be sufficiently active and well-defined as to constitute a potential hazard to structures from surface faulting or fault creep. The earthquake fault zones shall ordinarily be one-quarter mile or less in width, except in circumstances which may require the State Geologist to designate a wider zone.

(b) Pursuant to this section, the State Geologist shall compile maps delineating the earthquake fault zones and shall submit those maps to all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days after the comment period concludes, the State Geologist shall provide copies of the official maps to concerned state agencies and to each city or county having jurisdiction over lands lying within that zone.

(c) The State Geologist shall continually review new geologic and seismic data and shall revise the earthquake fault zones or delineate additional earthquake fault zones when warranted by new information. The State Geologist shall submit all revised maps and additional maps to all affected cities, counties, and state agencies for their review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days after the comment period concludes, the State Geologist shall provide copies of the revised and additional official maps to concerned state agencies and to each city or county having jurisdiction over lands lying within the earthquake fault zone.

(d) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the offices of the county recorder, county assessor, and county planning commission, identifying the location of the map and the effective date of the notice.

SEC. 12.

Section 2694 of the Public Resources Code is amended to read:

2694.

(a) A person who is acting as an agent for a transferor of real property that is located within a seismic hazard zone, as designated under this chapter, or the transferor, if the person is acting without an agent, shall disclose to any prospective transferee the fact that the property is located within a seismic hazard zone.

(b) Disclosure is required pursuant to this section only when one of the following conditions is met:

(1) The transferor, or transferor’s agent, has actual knowledge that the property is within a seismic hazard zone.

(2) A map that includes the property has been provided to the city or county pursuant to Section 2696, and a notice has been posted at the offices of the county recorder, county assessor, and county planning agency that identifies the location of the map and any information regarding changes to the map received by the county.

(c) In all transactions that are subject to Section 1103 of the Civil Code, the disclosure required by subdivision (a) of this section shall be provided by either of the following means:

(1) The Local Option Real Estate Transfer Disclosure Statement as provided in Section 1102.6a of the Civil Code.

(2) The Natural Hazard Disclosure Statement as provided in Section 1103.2 of the Civil Code.

(d) If the map or accompanying information is not of sufficient accuracy or scale that a reasonable person can determine if the subject real property is included in a seismic hazard zone, the agent shall mark “Yes” on the Natural Hazard Disclosure Statement. The agent may mark “No” on the Natural Hazard Disclosure Statement if the person attaches a report prepared pursuant to subdivision (c) of Section 1103.4 of the Civil Code that verifies the property is not in the hazard zone. Nothing in this subdivision is intended to limit or abridge any existing duty of the transferor or the transferor’s agents to exercise reasonable care in making a determination under this subdivision.

(e) For purposes of the disclosures required by this section, the following persons shall not be deemed agents of the transferor:

(1) Persons specified in Section 1103.11 of the Civil Code.

(2) Persons acting under a power of sale regulated by Section 2924 of the Civil Code.

(f) For purposes of this section, Section 1103.13 of the Civil Code applies.

(g) The specification of items for disclosure in this section does not limit or abridge any obligation for disclosure created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in the transfer transaction.

SEC. 13.

Section 2695 of the Public Resources Code is amended to read:

2695.

(a) The board, in consultation with the survey and the commission, shall develop all of the following:

(1) Guidelines for the preparation of maps of seismic hazard zones in the state.

(2) Priorities for mapping of seismic hazard zones. In setting priorities, the board shall take into account the following factors:

(A) The population affected by the seismic hazard in the event of an earthquake.

(B) The probability that the seismic hazard would threaten public health and safety in the event of an earthquake.

(D) The availability of existing information.

(3) Policies and criteria regarding the responsibilities of cities, counties, and state agencies pursuant to this chapter. The policies and criteria shall address, but not be limited to, the following:

(A) Criteria for approval of a project within a seismic hazard zone, including mitigation measures.

(B) The contents of the geotechnical report.

(4) Guidelines for evaluating seismic hazards and recommending mitigation measures.

(5) Any necessary procedures, including, but not limited to, processing of waivers pursuant to Section 2697, to facilitate the implementation of this chapter.

(b) (1) In developing the policies and criteria pursuant to subdivision (a), the board shall consult with and consider the recommendations of an advisory committee, appointed by the board in consultation with the commission, composed of the following members:

(A) An engineering geologist registered in the state.

(B) A seismologist.

(D) A structural engineer registered in the state.

(E) A representative of city government, selected from a list submitted by the League of California Cities.

(F) A representative of county government, selected from a list submitted by the County Supervisors Association of California.

(G) A representative of regional government, selected from a list submitted by the Council of Governments.

(H) A representative of the insurance industry.

(I) The Insurance Commissioner.

(2) All of the members of the advisory committee shall have expertise in the field of seismic hazards or seismic safety.

(c) At least 90 days prior to adopting measures pursuant to this section, the board shall transmit or cause to be transmitted a draft of those measures to affected cities, counties, and state agencies for review and comment.

SEC. 14.

Section 2696 of the Public Resources Code is amended to read:

2696.

(a) The State Geologist shall compile maps identifying seismic hazard zones, consistent with the requirements of Section 2695. The maps shall be compiled in accordance with a time schedule developed by the director and based upon the provisions of Section 2695 and the level of funding available to implement this chapter.

(b) The State Geologist shall, upon completion, submit seismic hazard maps compiled pursuant to subdivision (a) to the board and all affected cities, counties, and state agencies for review and comment. Concerned jurisdictions and agencies shall submit all comments to the board for review and consideration within 90 days. Within 90 days after the comment period concludes, the State Geologist shall revise the maps, as appropriate, and shall provide copies of the official maps to each state agency, city, or county, including the county recorder, having jurisdiction over lands containing an area of seismic hazard. The county recorder shall record all information transmitted as part of the public record.

(c) In order to ensure that sellers of real property and their agents are adequately informed, any county that receives an official map pursuant to this section shall post a notice within five days of receipt of the map at the office of the county recorder, county assessor, and county planning agency, identifying the location of the map, any information regarding changes to the map, and the effective date of the notice.

SEC. 15.

Section 2703 of the Public Resources Code is amended to read:

2703.

The survey shall maintain and service the strong-motion instruments installed, shall collect and interpret all records from the instruments, including records that support earthquake early warning and structural health monitoring, and shall make the records, record interpretations, and technical assistance available to the construction industry.

SEC. 16.

Section 4123 of the Public Resources Code is amended to read:

4123.

When selecting a fuel reduction project, the department shall collaborate with the State Water Resources Control Board, the California Geological Survey, and the Department of Fish and Wildlife to ensure the design of the fuel reduction project protects water resources and wildlife habitat while addressing fire behavior and public safety.

SEC. 17.

Section 4584 of the Public Resources Code is amended to read:

4584.

Upon determining that this exemption is consistent with the purposes of this chapter, the board may exempt from this chapter, or portions of this chapter, a person engaged in forest management whose activities are limited to any of the following:

(a) The cutting or removal of trees for the purpose of constructing or maintaining a right-of-way for utility lines.

(b) The planting, growing, nurturing, shaping, shearing, removal, or harvest of immature trees for Christmas trees or other ornamental purposes or minor forest products, including fuelwood.

(d) Site preparation.

(e) Maintenance of drainage facilities and soil stabilization treatments.

(f) Timber operations on land managed by the Department of Parks and Recreation.

(g) (1) The one-time conversion of less than three acres to a nontimber use. A person, whether acting as an individual, as a member of a partnership, or as an officer or employee of a corporation or other legal entity, shall not obtain more than one exemption pursuant to this subdivision in a five-year period. If a partnership has as a member, or if a corporation or other legal entity has as an officer or employee, a person who has received this exemption within the past five years, whether as an individual, as a member of a partnership, or as an officer or employee of a corporation or other legal entity, then that partnership, corporation, or other legal entity is not eligible for this exemption. “Person,” for purposes of this subdivision, means an individual, partnership, corporation, or other legal entity.

(2) (A) Notwithstanding Section 4554.5, the board shall adopt regulations that do all of the following:

(i) Identify the required documentation of a bona fide intent to complete the conversion that an applicant will need to submit in order to be eligible for the exemption in paragraph (1).

(ii) Authorize the department to inspect the sites approved in conversion applications that have been approved on or after January 1, 2002, in order to determine that the conversion was completed within the two-year period described in subparagraph (B) of paragraph (2) of subdivision (a) of Section 1104.1 of Title 14 of the California Code of Regulations.

(iii) Require the exemption pursuant to this subdivision to expire if there is a change in timberland ownership. The person who originally submitted an application for an exemption pursuant to this subdivision shall notify the department of a change in timberland ownership on or before five calendar days after a change in ownership.

(iv) The board may adopt regulations allowing a waiver of the five-year limitation described in paragraph (1) upon finding that the imposition of the five-year limitation would impose an undue hardship on the applicant for the exemption. The board may adopt a process for an appeal of a denial of a waiver.

(v) The board may adopt regulations allowing a waiver of the one-time limitation described in paragraph (1) upon finding that the imposition of the one-time limitation would impose an undue hardship on the applicant. The board may adopt a process for an appeal of a denial of a waiver.

(B) The application form for the exemption pursuant to paragraph (1) shall prominently advise the public that a violation of the conversion exemption, including a conversion applied for in the name of someone other than the person or entity implementing the conversion in bona fide good faith, is a violation of this chapter and penalties may accrue up to ten thousand dollars ($10,000) for each violation pursuant to Article 8 (commencing with Section 4601).

(h) An easement granted by a right-of-way construction agreement administered by the federal government if timber sales and operations within or affecting the area are reviewed and conducted pursuant to the federal National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).

(i) (1) The cutting or removal of trees in compliance with Sections 4290 and 4291 that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of not more than 150 feet on each side from an approved and legally permitted structure that complies with the California Building Standards Code, when that cutting or removal is conducted in compliance with this subdivision. For purposes of this subdivision, an “approved and legally permitted structure” includes only structures that are designed for human occupancy, garages, barns, stables, and structures used to enclose fuel tanks.

(2) (A) The cutting or removal of trees pursuant to this subdivision is limited to cutting or removal that will result in a reduction in the rate of fire spread, fire duration and intensity, fuel ignitability, or ignition of the tree crowns and shall be in accordance with any regulations adopted by the board pursuant to this section.

(B) Trees shall not be cut or removed pursuant to this subdivision by the clearcutting regeneration method, by the seed tree removal step of the seed tree regeneration method, or by the shelterwood removal step of the shelterwood regeneration method.

(3) (A) All fuel treatments conducted pursuant to this subdivision that do not comply with board rules and regulations may be determined to be a nuisance and subject to abatement by the department or the city or county having jurisdiction.

(B) The costs incurred by the department, city, or county, as the case may be, to abate the nuisance upon a parcel of land subject to the timber operations, including, but not limited to, investigation, boundary determination, measurement, and other related costs, may be recovered by special assessment and lien against the parcel of land by the department, city, or county. The assessment may be collected at the same time and in the same manner as ordinary ad valorem taxes, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ad valorem taxes.

(4) All timber operations conducted pursuant to this subdivision shall conform to applicable city or county general plans, city or county implementing ordinances, and city or county zoning ordinances. This paragraph does not authorize the cutting, removal, or sale of timber or other solid wood forest products within an area where timber harvesting is prohibited or otherwise restricted pursuant to the rules or regulations adopted by the board.

(5) (A) The board shall adopt regulations, initially as emergency regulations in accordance with subparagraph (B), that the board considers necessary to implement and to obtain compliance with this subdivision.

(B) The emergency regulations adopted pursuant to subparagraph (A) shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). The adoption of emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, and safety, or general welfare.

(j) (1) (A) The harvesting of trees, limited to those trees that eliminate the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns, for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, or ignition of tree crowns. An exemption pursuant to this paragraph shall be known as the Forest Resilience Exemption.

(B) The board may authorize an exemption pursuant to subparagraph (A) only if the tree harvesting will decrease fuel continuity and increase the quadratic mean diameter of the stand, and the tree harvesting area will not exceed 500 acres. Increases in quadratic mean diameter shall only consider trees greater than eight inches in diameter at breast height. The notice of exemption may be authorized only if all of the conditions specified in subparagraphs (C) to (I), inclusive, are met.

(D) (i) The submitted notice of exemption shall include a description of the preharvest stand structure and a statement of the postharvest stand stocking levels and the expected postharvest increase in quadratic mean diameter.

(ii) The level of residual stocking shall be consistent with maximum sustained production of high-quality timber products. The residual stand shall consist primarily of healthy and vigorous dominant and codominant trees from the preharvest stand. Stocking shall not be reduced below the standards required by the following provisions that apply to the exemption at issue:

(I) Clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (1) of subdivision (a) of Sections 913.3, 933.3, and 953.3 of Title 14 of the California Code of Regulations, or clauses 1 to 4, inclusive, of subparagraph (A) of paragraph (2) of subdivision (a) of Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations.

(II) The registered professional forester responsible for preparing the notice of exemption shall identify the designated postharvest stocking within the notice of exemption. The selected stocking shall be applicable to, and consistent with, silviculture that would apply to the preharvest stand condition provided pursuant to clause (i).

(III) Additional information on preharvest stand conditions, including, but not limited to, stand ages, stand structure, past management activities, and landowner goals and objectives shall also be provided by the registered professional forester preparing and submitting the exemption that substantiates the selection of postharvest stocking.

(iii) Within the coast district, if the preharvest dominant and codominant crown canopy is occupied by trees less than 14 inches in diameter at breast height, a minimum of 100 trees over 4 inches in diameter at breast height shall be retained per acre for Site I, II, and III lands, and a minimum of 75 trees over 4 inches in diameter at breast height shall be retained per acre for Site IV and V lands.

(iv) Within the northern district and southern district, if the preharvest dominant and codominant crown canopy is occupied by trees less than 14 inches in diameter at breast height, a minimum of 65 trees per acre over 4 inches in diameter at breast height shall be retained.

(v) All trees that are harvested or all trees that are retained shall be marked or sample marked by, or under the supervision of, a registered professional forester before felling operations begin. The board shall adopt regulations for sample marking for this section in Title 14 of the California Code of Regulations. Sample marking shall be limited to homogenous forest stand conditions typical of plantations.

(vi) The board may adopt specific regulations for the removal of dead and dying trees in amounts less than 10 percent of the average volume per acre for trees up to 36 inches in diameter at breast height. Regulations adopted by the board shall consider safety, fuel hazard abatement, mortality capture, the adequacy and retention of wildlife trees, especially those trees over 30 inches in diameter at breast height, and standards of enforceability for the department. All trees over 30 inches in diameter at breast height that are harvested pursuant to this paragraph shall be marked by, or under the supervision of, a registered professional forester before felling. The registered professional forester shall consult with the director before felling any dead or dying trees in excess of 30 inches in diameter at breast height.

(vii) All trees harvested pursuant to this paragraph shall be marked by, or under the supervision of, a registered professional forester before felling operations begin.

(viii) The six largest trees per acre within the boundaries of a notice of exemption submitted pursuant to this subdivision shall not be harvested.

(ix) No trees of the genus Quercus that are greater than 22 inches in diameter at breast height shall be harvested under a notice of exemption submitted pursuant to this subdivision, except for those trees that need to be removed to mitigate safety.

(x) The postharvest composition of tree species shall be representative of the preharvest stand condition and demonstrate progression towards climax forest conditions, unless the registered professional forester provides information explaining how modification of species diversity will benefit forest health and resiliency.

(E) (i) The board shall adopt regulations for the treatment of understory vegetation and standing dead fuels, canopy closure, clearance to base of live crown, or ladder fuels, that could promote the spread of wildfire.

(ii) Slash and woody debris within 50 feet of a public road or critical infrastructure, as defined by the board, shall be chipped, burned, or removed.

(iii) The standards required by clauses (i) and (ii) shall be achieved on approximately 80 percent of the treated area.

(F) Before the submission of a notice of exemption to the department, the registered professional forester responsible for submitting the notice shall designate temporary road locations, landing locations, tractor road crossings of Class III watercourses, unstable areas, or connected headwall swales on the ground and map their locations.

(G) The construction or reconstruction of temporary roads on slopes of 30 percent or less shall be allowed if all of the following conditions are met:

(i) Temporary roads or landings shall not be located on unstable areas, as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(ii) Temporary roads shall be single-lane in width.

(iii) Temporary roads shall not be located across a connected headwall swale, as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(iv) Construction or reconstruction of temporary roads, landings, or watercourse crossings shall not occur during the winter operating period. Pursuant to subdivision (g) of Sections 923.6, 943.6, and 963.6, as applicable, of Title 14 of the California Code of Regulations, roads and landings used for log hauling or other heavy equipment uses during the winter period shall occur on a stable operating surface and, where necessary, be surfaced with rock to a depth and quantity sufficient to maintain the stable operating surface. Use shall be prohibited on roads that are not hydrologically disconnected and exhibit saturated soil conditions. Timber operations during the winter period shall comply with paragraphs (1) and (2) of subdivision (c) of Sections 914.7, 934.7, and 954.7, as applicable, of Title 14 of the California Code of Regulations.

(v) Use of temporary roads shall comply with the operational provisions of Article 12 (commencing with Section 923) of Subchapter 4 of Chapter 4 of Division 1.5 of Title 14 of the California Code of Regulations, and recognize guidance on hydrologic disconnection in Technical Rule Addendum Number 5.

(vi) No logging road or landings construction or reconstruction activities of any kind shall occur within 200 feet of Class I and Class II watercourses or within 50 feet of a Class III watercourse.

(vii) The landowner shall retain a registered professional forester who is available to provide professional advice to the licensed timber operator and timberland owner throughout the active timber operations. The name, address, telephone number, and registration number of the retained registered professional forester shall be provided on the submitted notice of exemption. This professional advice shall include overseeing the construction or reconstruction of any temporary roads or landings and advising on necessary mitigation to avoid potential impacts to associated watershed and forest resources. The registered professional forester shall also comply with Section 1035.2 of Title 14 of the California Code of Regulations, relating to interaction between the licensed timber operator and the registered professional forester.

(viii) The registered professional forester responsible for submitting the notice of exemption shall affirm that the construction or reconstruction of each temporary road is necessary to provide access to harvest areas where no feasible alternative exists. The submitted notice of exemption shall include the number and cumulative length of temporary roads that will be constructed or reconstructed.

(ix) (I) Temporary road construction or reconstruction shall be limited to no more than two miles of road per ownership in a planning watershed per any five-year period.

(II) For each exemption affecting less than 40 acres, all temporary roads constructed or reconstructed under this exemption shall not exceed a cumulative length of 300 feet.

(III) For each exemption affecting between 40 and 80 acres, all temporary roads constructed or reconstructed under this exemption shall not exceed a cumulative length of between 300 and 600 feet, as determined on a pro rata basis by the total acreage affected by the exemption.

(IV) For each exemption affecting over 80 acres, all temporary roads constructed or reconstructed under the exemption shall not exceed a cumulative length of 600 feet. The submitted notice of exemption shall list the number of acres affected and the cumulative length of the road in feet.

(V) Temporary roads constructed or reconstructed under this exemption shall not be connected to other temporary roads constructed under previous or subsequent exemptions filed under this paragraph.

(VI) All temporary roads shall be abandoned using proactive measures that have been applied to effectively remove them from the permanent road network, in accordance with the definition of abandoned road as defined in Section 895.1 of Title 14 of the California Code of Regulations.

(VII) This paragraph shall not be interpreted to permit road construction or reconstruction except as authorized under the Forest Resilience Exemption, pursuant to this subparagraph.

(VIII) No trees larger than 30 inches in diameter at breast height shall be removed for the purposes of road construction or reconstruction under a notice of exemption submitted pursuant to this subdivision.

(H) Only trees less than 30 inches in diameter at breast height may be removed. The board, in consultation with the department, shall develop clearly written guidance documents on inspection and enforceability standards relating to standards set forth in this paragraph.

(I) All timber operations conducted pursuant to this subdivision shall only occur within the most recent version of the department’s Fire Hazard Severity Zone Map in the moderate, high, and very high fire threat zones.

(J) If pesticides or herbicides will be used within the boundaries of an area covered by a notice of exemption pursuant to this subparagraph within one year of director acceptance, the timberland owner shall notify the appropriate regional water quality control board 10 days before application of any pesticides or herbicides.

(K) After the timber operations are complete, the department shall conduct an onsite inspection to determine compliance with this subdivision and whether appropriate enforcement action should be initiated. The department shall notify the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey seven days prior to conducting the onsite inspection. The regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey may conduct an inspection with the department.

(2) (A) The board shall adopt regulations, initially as emergency regulations in accordance with subparagraph (B), that the board considers necessary to implement and to obtain compliance with this subdivision.

(3) This subdivision shall become inoperative on January 1, 2031.

(k) (1) The cutting or removal of trees to restore and conserve California black or Oregon white oak woodlands and associated grasslands, if all of the following requirements are met:

(A) A registered professional forester shall prepare the notice of exemption and submit it to the director. The notice shall include both of the following:

(i) A certification signed by the registered professional forester that the timber operation is designed to restore and conserve California black and Oregon white oak woodlands and associated grasslands encroached upon by conifers and that a minimum of 35 square feet of basal area per acre, or as determined by the board, of California black or Oregon white oak, or both, occupy the proposed treatment area at the time the notice is prepared.

(ii) A description of the preharvest stand structure and a statement of the postharvest stand stocking levels.

(B) No tree larger than 30 inches in diameter at breast height shall be harvested for commercial purposes. If necessary to achieve the oak woodland restoration goal of the exemption, trees larger than 30 inches in diameter at breast height may be harvested. The registered professional forester shall provide information on the need to remove these trees, and consult with the director before felling any tree in excess of 30 inches in diameter at breast height.

(D) The total area exempted pursuant to this subdivision shall not exceed 300 acres per ownership in a planning watershed per five-year period.

(E) Conifer shall be reduced to less than 25 percent of the combined hardwood and conifer postharvest stand stocking levels. Decadent and deformed trees of wildlife value that are retained shall not count toward basal area requirements.

(F) No more than 20 percent of the total basal area of preexisting oak stock shall be cut or removed during harvest. The board may establish minimum postharvest basal area requirements for California black or Oregon white oak.

(G) Slash shall be configured to minimize the risk of fire mortality to the remaining oak trees.

(l) (1) The board may exempt from this chapter, or portions of this chapter, a person engaged in forest management whose activities are limited to the cutting or removal of trees on the person’s property in compliance with Sections 4290 and 4291 that eliminates the vertical continuity of vegetative fuels and the horizontal continuity of tree crowns for the purpose of reducing flammable materials and maintaining a fuel break for a distance of not more than 300 feet on each side from an approved and legally permitted habitable structure, when that cutting or removal is conducted in compliance with this subdivision and all of the following conditions are met:

(A) The notice of exemption is prepared, signed, and submitted by a registered professional forester to the department.

(B) For the areas between 150 and 300 feet from the habitable structure, the operations meet all of the following provisions:

(i) The residual stocking standards are consistent with Sections 913.2, 933.2, and 953.2 of Title 14 of the California Code of Regulations, as appropriate.

(ii) Activities within this area will increase the quadratic mean diameter of the stand.

(iii) The residual stand consists primarily of healthy and vigorous dominant and codominant trees from the preharvest stand, well distributed throughout the harvested area.

(iv) Postharvest slash treatment and stand conditions will lead to more moderate fire behavior in the professional judgment of the registered professional forester who submits the notice of exemption.

(v) Any additional guidance for slash treatment and postharvest stand conditions and any other issues deemed necessary that are consistent with this section, as established by the board.

(2) For purposes of this subdivision, “habitable structure” means a building that contains one or more dwelling units or that can be occupied for residential use. Buildings occupied for residential use include single-family homes, multidwelling structures, mobile and manufactured homes, and condominiums. For purposes of this subdivision, “habitable structure” does not include commercial, industrial, or incidental buildings such as detached garages, barns, outdoor sanitation facilities, and sheds.

(3) This subdivision shall become inoperative on January 1, 2031.

SEC. 18.

Section 4584.1 of the Public Resources Code is amended to read:

4584.1.

Rules and regulations adopted by the board pursuant to Section 4584, except subdivision (k) of Section 4584, shall comply with the following standards, as determined appropriate and necessary by the board:

(a) Notices of exemption that are prepared and submitted to the director shall include a map of the area of operations that complies with the requirements of paragraphs (1), (3), and (4), subparagraphs (A), (B), (D), and (E) of paragraph (5), paragraphs (7) to (12), inclusive, and paragraph (14) of subdivision (x) of Section 1034 of Title 14 of the California Code of Regulations.

(b) Notices of exemption that are prepared and submitted to the director shall provide a confidential archaeological letter that includes all the information required by paragraphs (2) and (7) to (11), inclusive, of subdivision (c) of Sections 929.1, 949.1 and 969.1, as applicable, of Title 14 of the California Code of Regulations, and site records if required pursuant to subdivision (g) of that section or pursuant to Section 929.5 of Title 14 of the California Code of Regulations. This subdivision shall not apply to activities described in subdivision (i) or (m) of Section 4584.

(c) All fuel treatments required by the board shall be completed within one year from the date the director receives the notice, with the exception of burning. This shall include treatment of surface fuels, wood debris, and slash, which shall be lopped, removed, chipped, piled for burning, or otherwise treated. Burning shall be completed within two years from the date the director receives the notice of exemption.

(d) Slash and woody debris shall be treated to achieve a maximum postharvest depth of 18 inches above the ground except within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code. Surface fuels, slash, and woody debris within 150 feet from any point of an approved and legally permitted structure that complies with the California Building Code shall be chipped, piled, and burned, or removed.

(e) Timber operations shall comply with the requirements of paragraphs (1) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations.

(f) All timber operations conducted in Lake Tahoe Region shall have a valid Tahoe Basin Tree Removal Permit, as defined by the Tahoe Regional Planning Agency (TRPA), or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA.

(g) The submitted notice of exemption shall include selection criteria for the trees to be harvested or the trees to be retained.

(h) The department shall provide the appropriate regional water quality control board, the Department of Fish and Wildlife, and the California Geological Survey with copies of notices of exemption when they are submitted.

(i) The submitted notice of exemption shall include the tentative commencement date of timber operations.

(j) Within a 15-day period, the registered professional forester or person responsible for the submittal of the notice of exemption shall notify the department, the Department of Fish and Wildlife, the appropriate regional water quality control board, and the California Geological Survey of the actual date of commencement of timber operations.

(k) Timber operations pursuant to an exemption may not commence for 10 working days from the date of the director’s receipt of the notice of exemption unless this delay is waived by the director. The director shall determine whether the notice of exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the notice of exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the director does not act within 10 days of receipt of the notice of exemption, timber operations may commence.

(l) (1) No large old trees, defined as a tree that existed before 1800 AD or is greater than 60 inches in diameter at stump height for Sierra or Coast Redwoods, and 48 inches in diameter at stump height for all other tree species or Decadent and Deformed Trees with Value to Wildlife, as defined in Section 895.1 of Title 14 of the California Code of Regulations, shall be harvested unless the following apply:

(A) The tree is not critical for the maintenance of a Late Successional Stand.

(B) A registered professional forester attached to the submitted notice of exemption a written explanation and justification for the harvest of the tree based on the registered professional forester’s finding of any of the following:

(i) The tree is a hazard to safety or property.

(ii) The removal of the tree is necessary for the construction of a building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan, which shall be attached to the submitted notice of exemption.

(iii) The tree is dead or likely to die within one year of the date of the proposed removal, as determined by a registered professional forester.

(2) A registered professional forester-written explanation or justification need not be attached to the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or plan, as that term is defined in Section 895.1 of Title 14 of the California Code of Regulations addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document.

(3) Any tree harvested pursuant to this subdivision shall be shown on a map provided with the submitted notice of exemption to the department.

(4) This subdivision shall not apply to or be used in conjunction with the Forest Resilience Exemption created pursuant to subdivision (j) of Section 4584.

(m) Helicopter yarding shall be prohibited.

(n) All applicable provisions of the Professional Foresters Law, including, but not limited to, Sections 775 to 779, inclusive, of this code, as well as all applicable provisions of Registration of Professional Forester Rules, including, but not limited to, Sections 1612 to 1614, inclusive, of Title 14 of the California Code of Regulations, shall apply to the practice of professional forestry as it relates to this section.

SEC. 19.

Section 4584.2 of the Public Resources Code is amended to read:

4584.2.

Rules and regulations adopted by the board pursuant to subdivision (j) of Section 4584, shall comply with the following standards:

(e) Timber operations shall comply with the requirements of paragraphs (1) to (4), inclusive, and (6) to (10), inclusive, of subdivision (b) of Section 1038 of Title 14 of the California Code of Regulations.

(f) All timber operations conducted in Lake Tahoe Region must have a valid Tahoe Basin Tree Removal Permit, as defined by the Tahoe Regional Planning Agency (TRPA), or shall be conducted under a valid TRPA Memorandum of Understanding, when such a permit is required by TRPA.

(g) The submitted notice of exemption shall include selection criteria for the trees to be harvested or the trees to be retained.

(i) The submitted notice of exemption shall include the tentative commencement date of timber operations.

(j) Within a 15-day period, the registered professional forester responsible for the submittal of the notice of exemption shall notify the department, the Department of Fish and Wildlife, the appropriate regional water quality control board, and the California Geological Survey of the actual date of commencement of timber operations.

(k) Operations pursuant to an exemption may not commence for 10 working days from the date of the director’s receipt of the notice of exemption unless this delay is waived by the director. The director shall determine whether the notice of exemption is complete, and if so, shall send a copy of a notice of acceptance to the submitter. If the notice of exemption is not complete and accurate, it shall be returned to the submitter and the timber operator may not proceed. If the director does not act within five days of receipt of the notice of exemption, timber operations may commence.

(l) (1) No Decadent and Deformed Trees with Value to Wildlife, as defined in Section 895.1 of Title 14 of the California Code of Regulations, shall be harvested unless all the following apply:

(A) The tree is not critical for the maintenance of a Late Successional Stand.

(i) The tree is a hazard to safety or property.

(ii) The removal of the tree is necessary for the construction of a building as approved by the appropriate local jurisdiction and shown on the county or city approved site plan which shall be attached to the submitted notice of exemption.

(iii) The tree is dead or likely to die within one year of the date of the proposed removal, as determined by a registered professional forester.

(2) A registered professional forester’s written explanation or justification need not be attached to the submitted notice of exemption if an approved Habitat Conservation Plan, Sustained Yield Plan, or plan as that term is defined in Section 895.1 of Title 14 of the California Code of Regulations addresses large old tree retention for the area in which the large old tree is proposed for removal and the removal is in compliance with the retention standards of that document.

(3) Any tree harvested pursuant to this subdivision shall be shown on a map provided with the submitted notice of exemption to the department.

(4) This subdivision shall not apply to or be used in conjunction with the Forest Resilience Exemption created pursuant to subdivision (j) of Section 4584.

(m) Helicopter yarding shall be prohibited.

(n) All applicable provisions of the Professional Foresters Law, including, but not limited to, Sections 775 to 779, inclusive, of this code, as well as all applicable provisions of Registration of Professional Forester Rules, including, but not limited to, Sections 1612 to 1614, inclusive, of Title 14 of the California Code of Regulations apply to the practice of professional forestry as it relates to this section.

SEC. 20.

Section 4604 of the Public Resources Code is amended to read:

4604.

(a) The department shall provide an initial inspection of the area in which timber operations are to be conducted within 10 days from the date of filing of the timber harvesting plan or nonindustrial timber management plan, or a longer period as may be mutually agreed upon by the department and the person submitting the plan, except that the inspection need not be made pursuant to the filing of a timber harvesting plan if the department determines that the inspection would not add substantive information that is necessary to enforce this chapter. The department shall provide for inspections, as needed, as follows:

(1) During the period of commencement of timber operations.

(2) When timber operations are well under way.

(3) Following completion of timber operations.

(4) At any other times as determined to be necessary to enforce this chapter.

(b) (1) The Department of Fish and Wildlife, the California regional water quality control boards, the State Water Resources Control Board, and the California Geological Survey, if accompanied by Department of Forestry and Fire Protection personnel and after 24-hour advance notification is given to the landowner, may enter and inspect land during normal business hours at any time after commencement of timber harvest plan activities on the land and before the director issues a report of satisfactory completion of stocking pursuant to Section 4588 or at any time before the end of the first winter period following the filing of a work completion report pursuant to Section 4585, whichever is later. Any member of the inspection party may utilize whatever measurement and evaluation devices, including, but not limited to, photographic equipment and temperature measurement devices, that are determined to be necessary, when participating in an inspection of an area pursuant to subdivision (a) or after commencement of timber harvesting plan activities pursuant to this subdivision.

(2) Photographs taken during inspections shall be clearly labeled as to time, date, and location and shall be the property of the department and part of the inspection record. The inspection record shall be subject to all provisions of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).

(3) This subdivision is not a limitation upon the authority of any agency to inspect pursuant to any other provision of law.

(c) This section shall become operative on January 1, 1991, or on the effective date of the rules and regulations adopted by the State Board of Forestry and Fire Protection pursuant to Senate Bill 1566, whichever date occurs first.

SEC. 21.

Section 4629 of the Public Resources Code is amended to read:

4629.

The Legislature finds and declares all of the following:

(a) A thriving in-state forest products sector provides public benefits, including employment opportunities in both rural and urban areas, and economic development for rural communities.

(b) Enabling continued economically viable production of forest products can help to protect the state’s forest lands from conversion to other uses.

(c) The state’s forest practice regulations provide for environmental protection of the state’s air, water, habitat, geology, and soil resources.

(d) Consumers of wood products in the state currently do not directly pay for the state’s forest practice program and the costs of protecting the state’s natural resources.

(e) Current in-state producers of wood products already bear a significant cost of conforming with the state’s environmental laws, which economically disadvantages those producers relative to out-of-state production.

(f) Conforming with the state’s environmental laws ensures that wildlife, habitat, clean air, forest, and water quality receive some protection.