STATE OF CALIFORNIA-OFFIC ~~':i ,` ~~-~ ' ~ :, -• - ° - - ~tSee instructions on

NOTICE PUBLI~I~TllC}f~(RE~~J'_[~~EGt~S 5.~f611~~~~9dN - reverse)STD-400 (REV-Oi-2013)

OAL FILE NOTICE FILE NUMBER REGULATORY ACTION NUMBER ~~ ~ EMEfj~E Y~U~ER O

NUMBERS Z ~ ~J

For use by Office of Administrative Law (OAS) only

r ! r^~ C—~3r-Ft~.c CrDI~i ~-1 TtV~ l.A~'y

NOTICE REGULATIONS

For use by Secretary of State only

AGENCY WITH RUI.EMAKING AUTHORITY AGENCY FILE NUMBER (If any)

o~~v oc- ir~CLr > 1'~.Y ~ ~i.19-~~ i ¢oT~ c c~J

A. PUBLICATION OF NOTICE {Complete for publication in Notice Register)1. SUBJECT OF NOTICE TITLE{S) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION PATE

3. NOTICE TYPE 4. AGENCY CONTACT PERSON TTELEPHONE NUMBER FAX NUMBER {Optional)Notice re Proposed iRe Mato Action ~_ ~ Other

OAL USE ACTION ON PROPOSED NOl'1CF NOTfCE kFGISTER NU(v1HFR PUBClOAT!ON DATE

~~~Y Approved as I Approved as 7 ) sapproverl~-__ ~ Su6ma~ea I Moddied _ Nrthdrawn

B. SUBMISSION OF REGULATIONS (Complete when submitting regulations)

1a. SUBJECT OF REGULATIONS) tb. ALl PREVIOUS RELATED OAL REGULATORY ACTION NUMBERS)

Emergency Post-Fire Recovery for yak. Sis. Men. Shas. Tri. Nap. Cos. 2018-1019-01 E

2. SPECIFY CALIfORN1A CODE OF REGULATIONS TITLE(5)AND SECTION(5) (Including title 26, if toxin related)

ADOPT __ _._.-- ------SECTION(5) AFFECTED(List all section numberis)

individually. Attach nnnENo -- -------- ----- - ------- ---

additionalsheet ifneeded.).... 10385------ ---------- REPEAL --- ----TITLE{S)

------- ------ ~---

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3. TYPE OF FILING

Regular Rulemaking (Gov. ~ Certificate of Compliance:The agency officer named Emergency Readopt (Gov. ❑Changes Without RegulatoryGode § 71346) below certifies that this agency complied with the ~ Code, § 11346.1 (hp Effect (CaI. Code Regs., titre

o Resubmittai of disapproved or provisions of Gov. Code §§11346.2-113473 either 1, §100)withdrawn nonemergency before the emergency regulation was adopted orfiling (Gov. Code §§113493, within the time period required by statutes ❑ F~~e &Print ~ Print Only

11349.4)

Emergency (Gov. Code, ~ Resubmittal of disapproved or withdrawn ~ Other (Specify)§11346.ttb)) emergency filing (Gov. Code, §11346.1)

4. ALL BEGINNING AND ENDW G DATES OF AVAILABILITY OF MODIFIED REGULATIONS ANDlOR MATERIAL ADDED TO THE RULEMAKING FILE (CaL Code Regs. title 1, §44 and Gov. Code 47 7347.7 )

5. EFFECTNE DATE OF CHANGES (Gov. Code, §§ 7 7343.4, 11346J(d); Cal. Code Regs., title t, §100)

o Effective January 1, April 1, July t, or Effective on filing with -§700 Changes Without EffectiveOctober 1 (Gov. Code 411343.4(a)) o Secretary of State ~ Regulatory Effect ~ other (Specify)

6. CHECK IF THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, APPROVAL OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY

Department of Finance (Form STD. 399) (SAM 46660)Fair Political Practices Commission State Fire Marshal

Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADDRESS {Optional)

Eric Hedge 916.653.9633

$~ 1 certify that the attached copy of the regulations) is a true and correct copy For use by Once of Administrative Law (OAL) only

of the. regulations) identified on this form, that the information specified on this formis true and correct, and that I am the head of the agency taking this action,or a designee of the head of the agency, and am authorized to make this certification.

SIGNA E OF HEAD OR GNEE DATE

March 19, 2019

ED NAME A D TITL SIGNATORY

ric Hedge, Re ulations Program Manager, Board of Forestry and Fire Protection

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Board of Forestry and Fire Protection

Potential Re-Adoption of:

Emergency Rulemaking to Facilitate Post-Fire Recovery Efforts within Counties

of Lake, Siskiyou, Mendocino, Shasta, Trinity and. Napa

Title 14 California Code of Regulations

Division 1.5, Chapter 4

Subchapter 7, Article 2

Amend § 1038.5

§ 1038.5. Past-Fire Recovery Exemption

Persons who conduct the following types of Timber Operations are exempt from the Plan preparation

and submission requirements (PRC § 4581) and from the completion report and Stocking report

requirements. {PRC §§ 4585 and 4587) of the FPA with the following exceptions and requirements:

(1) no tree that existed before 1800 A.D. and is greater than sixty (60) inches in diameter at

stump height for Sierra or Coastal Redwoods, and forty-eight (48) inches in diameter at stump

height for all other tree species shall be harvested unless done so under the conditions or

criteria set forth in subsection 1038.5(d).

(a) Harvesting dead or Dying Trees of any size to facilitate the removal of hazardous material and the

reconstruction or construction of Approved and legally Permitted Structures that were damaged or

destroyed by wildfire in the Counties of Lake, Siskiyou, Mendocino, Shasta, Trinity, and Napa during

2018. The provisions of a notice of exemption submitted pursuant to this subsection supersede the

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provisions of any other notices of exemption that are submitted in the same Harvest Area. In addition to

compliance with 14 CCR §§1038.1(c)(5) through (12) inclusive and 1038.3(p), the following apply:

(1) Onty trees within three-hundred (300) feet from any point of an Approved and Legally

Permitted Structure that was damaged or destroyed by wildfire may be harvested.

(2) The notice of exemption shall include:

(A} the total acreage of the Harvest Area;

(B} an enlarged seven-and-one-half (7'/)minute USGS quadrangle map, or its

equivalent, that is not less than one (1}inch equals one-thousand (1,000) feet showing

the location of the boundaries of the Harvest Area;

(C) a certification of ownership signed by the Timberland owner and;

(D) the tentative commencement date of Timber Operations.

(3}Timber Operations conducted under this subsection shall conform to applicable city or county ~

general plans, city or county implementing ordinances, and city or county zoning ordinances

within which the Harvest Area is located. The Timber Operator or Timberland owner shall certify

that the city or county has been contacted and the Timber Operations conducted under the

notice of exemption conforms with all city or county regulatory requirements.

(4) All Slash and Woody debris greater than one (1) inch but less than eight (8) inches in

diameter within one-hundred-fifty (150) feet of an Approved and Legally Permitted Structure that

was damaged or destroyed by wildfire shall be removed, chipped or piled and burned.

(5) All Slash created between one-hundred-fifty (150) feet and three-hundred {300) feet of an

Approved and Legally Permitted Structure that was damaged or destroyed by wildfire shall be

treated by Lopping for Fire Hazard Reduction, removed, chipped or piled and burned within

forty-five (45) days from the start of Timber Operations; except for the burning of piles, which

shall be accomplished not later than April 1 of the year following their creation; or for piles

created on or after September 1, not later than April 1 of the second year following creation.

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(6) Except where necessary for safety, retain an average for. the Harvest Area of not less than

one (1) Decadent and Deformed Tree of Value to Wildlife, Snag, or Dying Tree per acre that is

greater than sixteen (16) inches dbh and twenty (20) feet tall. This .provision does not apply

within one-hundred-fifty (1.50) feet of Approved and Legally Permitted Structures, roads, fire

suppression ridges and infrastructure facilities such as transmission lines and towers, or water

conveyance and storage facilities.

(7) The Director shall notify the submitter of the date of the Director's receipt of the notice of

exemption. Timber Operations pursuant to the notice of exemption may not commence for five

(5) working days from the date of the Director's receipt of the notice of exemption unless this

delay is waived by the Director. If the notice of exemption is not complete and accurate, the

Director shall notify the submitter within five (5) working days from the date of the Director's

receipt, and the Timber Operations may not commence. 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; provided, however, if the Director does not act within five (5) working days of receipt

of the notice of exemption, Timber Operations may commence.

(A) Timber Operations may not be conducted without a copy of the accepted notice of

exemption at the operating site, except where the Director has failed to act within the

five (5) working day review period.

(b) A Person conducting Timber Operations under an exemption as described in this section shall:

(1 } be limited to one year from the date of receipt by the Department, and;

(2) shall comply with all operational provisions of the Forest Practice Act and Bi~}s~

der-e~Rules applicable to "Timber Harvesting Plan", "THP", and "Plan".

(3) Before beginning Timber Operations, the Timber Operator shall notify the

Department of the actual commencement date of operations. The notification, by

telephone, mail, or email, shall be directed to the appropriate CAL FIRE Unit

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Headquarters, Forest Practice inspector or other designated personnel. If the notification

is provided by mail, Timber Operations may not commence until three (3) days after the

postmark date of notification.

(c) In-lieu practices of Watercourse and Lake Protection Zones as specified under Article 6 of these

Rules, exceptions to Rules, and alternative practices are not allowed.

(d) Harvesting of large old trees shall only occur when:

(1) the tree is not critical for the maintenance of a Late Successional Stand and

(2) an RPF attaches to the exemption an explanation and justification for the removal based on

the RPF's finding that one or more of the criteria or conditions listed under subparagraphs (A),

(B), or (C) are met. This requirement need not be met if an approved management document,

including but not limited to a HCP, SYP, NTMP, WFMP, or PTEIR, addresses large old tree

retention for the area in which the large old trees) are proposed for removal and the removal is

in compliance with the retention standards of that document.

(A) The trees} is a hazard to safety or property. The hazard shall be identified in writing

by an RPF or professionally certified arborist;

(B) The removal of the trees) is necessary for the construction of a building as

approved by the appropriate county/city permitting process and as shown on the

county/city approved site plan which shall be attached to the Notice of Exemption;

(C) The tree is dead or is likely to die within one year of the date of proposed removal,

as determined by an RPF or professionally certified arborist.

(e) A Person submitting an exemption under 14 CCR § 1038.5 shall submit to the Director a notice of

proposed Timber Operations, prior to commencement of Timber Operations, on a form provided by the

Department. The form shall contain the following information:

(1) Type of operation to be conducted.

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(2) Names, address, and telephone numbers of the Timber Owner, Timberland owners, and

Timber Operator.

(3) Legal description of the location of the Timber Operation.

(4) A 7 1/2 minute quadrangle map or its equivalent showing the location of the Timber

Operation.

(5) The tentative commencement date of Timber eOperations

Note: Authority cited: Sections 4551, 4553 and 4584, Public Resources Code. Reference: Sections

4290, 4291, 4~'~~ 4527, 4527.5, 4584 and 4597, Public Resources Code;

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Board of Forestry and Fire Protection

Finding of Emergency and Notice of Proposed Emergency Action,(pursuant to GOV § 11346.1(b))

"Emergency Rulemaking to Facilitate Post-Fire Recovery Efforts within Counties of Lake,Siskiyou, Mendocino, Shasta, Trinity and Napa"

Notice Date: March 11, 2019

The Board of Forestry and Fire Protection (hereafter "Board") has adopted an emergencyregulation to provide an exemption from the plan preparation and submission requirements(PRC § 4581) and from the completion report and stocking report requirements (PRC §§ 4585and 4587) of the Forest Practice Act, to persons) engaging in specified forest managementactivities, including the cutting or removal of dead or dying trees when within 300 feet of anApproved and Legally Permitted Structure that was damaged or destroyed by wildfire during the2018 northern California wildfires in the counties of Lake, Siskiyou, Mendocino, Shasta, Trinity,and Napa counties. This action is being taken in accordance with Government Code (GOV) §§11346.1, 11346.5 (2) through (6) inclusive, and 11349.6. The Board adopted the emergencyregulation at their regular meeting scheduled on September 27, 2018.

At their regularly scheduled meeting on March 6, 201.9, the Board authorized re-adoption of thefindings and rule text. Emergency circumstances are unchanged since the initial adoption ofthe regulations.

Pursuant to GOV § 11346.1(h), the Board has taken steps to make the emergency regulationpermanent, however more time is required to complete the regular rulemaking process. At theMarch 5, 2019 meeting of the Forest Practice Committee, permanent regulatory text wasconsidered, however the Board is still gathering information related to the development of theregulatory text and the rulemaking documents necessary to comply with GOV §§ 11346.2 to11347.3, inclusive. The Board will consider the adoption of permanent regulatory text at itsnext Board meeting on April 10,2019. The Board continues to proceed with diligence to complywith GOV § 11346.1(e).

If you wish to comment on the adopted emergency regulations, you must submit the commentdirectly to the Office of Administrative Law (hereafter "OAS") within five (5J calendar days ofOAL's posting of the proposed emergency regulations on the OAL web site. You may submitcomments. on the adopted emergency regulations to:

Mail:OAL Reference Attorney300 Capitol Mall, Suite 1250Sacramento, California 95814.

Fax:(91.6} 323-6826

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E-mail•staff aC~.oaLca.aov.

OAL will accept all comments submitted by the specified deadline.

When you submit a comment to OAL, you must also submit a copy of your comment to therulemaking agency's specified contact person provided below.

Mail•Eric HedgeRegulations CoordinatorBoard of Forestry and Fire Protection:P.O. Box 944246Sacramento, CA 944244-2460

Fax:(916) 653-0989

E-mail•aubliccommentsC~BOF.ca.gav

GOV § 11346.1(a)(2) requires that, at least five working days prior to submission of theproposed emergency action to OAL, the adopting agency provide a notice of the proposedemergency action with the agency. After submission of the proposed emergency to the OAL,OAL shall allow interested persons five calendar days to submit comments on the proposedemergency regulations as set forth in GOV § 11349.6

These regulations will likely be submitted to the Office of Administrative Law on or after March19, 2019. If the regulation is submitted to OAL on that date, the public comment periodcloses on March 25, 2019.

OAL will confirm that the agency has received the comment. Pursuant to Title 1, CaliforniaCode of Regulations, §§ 55(b)(1) through (4), the comment must state that it is about anemergency regulation and include the topic of the emergency.

The Board is not required and, in this instance, not likely to respond to comments submitted.However, should the Board choose to respond, it must submit its response to OAL within eight(8) calendar days following the date of submission of the proposed emergency regulation toOAL, unless specific exceptions are applicable. [Title 1 CCR § 55].

Pursuant to GOV § 11346.1(a)(2)(A), the specific rule text associated with the proposed actionimmediately follows this notice.

Pursuant to GOV § 11346.1(b)(2), following is a description of the facts demonstrating theexistence of an emergency and the need for immediate action, and demonstrating, by

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substantial evidence, the need for the proposed regulation to effectuate the statute beingimplemented, interpreted, or made specific and to address only the demonstrated emergency.

Beginning on June 23~d, 2018, a series of wildfires started to burn in Lake, Siskiyou,Mendocino, Shasta, Trinity, and Napa counties. These fires have become some of thedeadliest and costliest wildfires in California history, and include the current (as ofSeptember 2018) largest wildfire event in recorded- state history. On June 25th, 2018,the Governor proclaimed a state of emergency initially for Lake County, and then addedseveral additional counties to address the size and severity of loss associated with#hese catastrophic wildfires.

On August 9th, 2018, the Governor issued executive order B-53-18, with the intent tostreamline recovery efforts in communities impacted by devastating wildfires acrossportions of California, including the counties of Lake, Siskiyou, Mendocino, Shasta andNapa. The document orders "State statutes, rules, regulations and requirements are.hereby suspended to the extent they apply to the following activities: (a) removal,storage, transportation, and disposal of hazardous and non-hazardous solid waste anddebris resulting from the wildfires that have burned and continue to burn in areas thatare subject to the jurisdiction of agencies within the California Environmental ProtectionAgency and the California Natural Resources Agency; and (b) necessary restorationand rehabilitation of timberland, streams, rivers, and other waterways. Such statutes,rules, regulations and requirements are hereby suspended only to the extent necessaryfor expediting the removal and cleanup of debris from the wildfires, and forimplementing any restoration plan. Individuals who desire to conduct activities underthis suspension of statutes, rules, regulations, and requirements shall first request thatthe. appropriate Agency Secretary, or his delegate, .make. a determination that the...proposed activities are eligible to be conducted under this suspension. The Secretaryfor the California Environmental Protection Agency and the Secretary for the CaliforniaNatural Resources Agency shall use sound discretion in applying this Executive Orderto ensure that the suspension serves the purpose of accelerating cleanup and recovery,while at the same time protecting public health and the environment. This order shallapply to but is not necessarily limited to: solid waste facility permits; waste dischargerequirements for storage and disposal; emergency timber harvesting; emergencyconstruction activities; and waste discharge requirements and/or Water QualityCertification for discharges of fill material or pollutants. To the extent it is within theiradministrative authority, the boards, departments and offices within the CaliforniaEnvironmental Protection Agency and the California Natural Resources Agency shallexpedite the granting of other authorizations, waivers or permits necessary for theremoval, storage, transportation, and disposal of hazardous and non-hazardous debrisresulting from the wildfires, and for other actions necessary for the protection of publichealth and the environment."

Pursuant to PRC § 4551.5, the rules and regulations that the Board is authorized to adoptinclude measures for fire prevention, recovery and control and for prevention and controlof damage. by wildfire, forest insects, .pests, and disease.

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Additionally, PRC § 4584(c} authorizes the Board to adopt regulation to provide anexemption, from the plan preparation and submission requirements (PRC § 4581) andfrom the completion report and stocking report requirements {PRC §§ 4585 and 4587)of the Forest Practice Act, to a person engaging in specified forest managementactivities, including, the cutting or removal of dead, dying, or diseased trees of any size.

Promulgation of these regulations is immediate and necessary to provide a personengaging in the cutting or removal of dead or dying trees an exemption from the planpreparation and submission requirements (PRC § 4581) and from the completion reportand stocking report requirements (PRC §§ 4585 and 4587) of the Forest Practice Act, tofacilitate the removal of hazardous materials and the re-building and recovery from thecatastrophic 2018 northern California wildfires in Lake, Siskiyou, Mendocino, Shasta,Trinity, and Napa counties when specific requirements are met. The following is a list ofevidences of the immediate and necessary need for emergency regulations to address the2018 northern California wildfires:

One: The Governor issued Proclamations of States of Emergencies for Lake (signed06/25/18 and again 07/28/18), Siskiyou (07/26/18), Mendocino (07/28/18), Shasta(07/26/18) and Napa Counties (signed 07/28/18):

The Governor proclaimed States of Emergencies to exist in certain areasseverely affected by the 2018 northern California wildfires, including throughoutthe counties of Lake,. Siskiyou, Mendocino, Shasta and Napa. The rapid firespread, in addition to extraordinary weather events, destroyed criticalinfrastructure, homes and residential areas. This action was considered prudentby the Governor's office to. help the affected areas stabilize, recover and rebuildwith the assistance of emergency expenditures, streamlining of regulations toassist in the timely recovery of these wildfire affected areas, and for theallowance of FEMA assistance. Though Trinity county is not specifically identifiedwithin these proclamations, the fire which prompted the declarations withinShasta county (the Carr fire) extended into Trinity county with similarlydevastating effect.

Two: Data from the California Department of Forestry and Fire Protection (CAL FIRE):

According to figures published by CAL FIRE, the Carr Fire burned 229,651 acresin Shasta and Trinity counties, the Ranch and River fires (Mendocino Complex)burned 459,123 acres in Colusa, Glenn, Lake, and Mendocino counties, thePawnee Fire burned 15,185 acres in Lake County, and the County fire burned90,288 acres in Napa and Yolo counties.

CAL FIRE also estimates (with preliminary data) the following figures forstructure loss and. damage associated with each fire event:

INCIDENT DESTROYED DAMAGED TOTALCount Na a and 29 4 33

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Three: Public outreach to the board for assistance with this emergency issue:

The Board has been contacted via telephone by affected landowners requestingregulatory relief to facilitate reconstruction efforts. Promulgation of theseregulations is immediate and necessary in order to expeditiously remove hazardsto life and safety presented by dead and dying trees so that landowners are ableto mitigate the significant affects that the 2018 northern California wildfires havehad on their lives.

Pursuant to GOV § 11342.545, this situation calls for immediate action to avoid serious harm tothe public peace, health, safety, or general welfare. The situation presents a significant challengeto the construction and reconstruction of many Approved and .Legally Permitted Structures asthousands of dead and dying trees. must be removed to facilitate re-building and revitalization ofthese areas, as well. as to alleviate falling hazards of structurally weakened trees that havecontributed to the scale of damage associated with these wildfires. The Board was compelled torespond to the evidence, as described above, from fire damaged and weakened trees. Theseregulations are immediate .and necessary to, in part, facilitate appropriate tree removal forcommercial and residential. construction and reduce the falling hazard associated withdeteriorating trees. Appropriate dead and dying tree. harvesting can:o Reduce the risk of fire to timberlands.• Reduce large, damaging wildfires.• Decrease losses of homes and structures that have survived the wildfires. or have salvageable

properties due to these. wildfire events, or decrease losses of new construction or recoveryefforts.Enhance worker or citizen safety.

• Increase public safety..• Increase forest vigor and vitality of surviving stands of trees through the reduction of insect

populations. colonizing wildfire-stricken trees, stands of trees, or forest conditions.

Yolo CountiesPawnee {Lake 22 6 28and NapaCountiesKlamathon 83 12 95Siski ou CountCarr (Shasta and 1614 279 1893Trinit CountiesMendocino 280 38 318Complex (Lakeand MendocinoCountiesTotal Structures 2,028 339 2367

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The Board has not yet determined if they are going to pursue permanent rulemaking.However, the timeline associated with regular rulemaking would not allow this exemption to beavailable during, the 2019 calendar year, pursuant to PRC § 4554.5, which specifies theBoard's rules shall become effective on the next January 1 that is not less than 30 days fromthe date of approval of those rules or regulations by the Office of Administrative Law. This time

lag is not congruent with making this regulation effective as soon as possible.

The Board is proposing action to adopt 14 CCR § 1038(n).

Pursuant to GOV § 11346.1(b)(2), following are the list of each technical, theoretical -andempirical study, report, or similar document, if any, upon which the Board relied to make the"emergency" finding:

Governor issued Proclamation of State of Emergency issued on 06/25/18.

Governor issued Proclamation of State of Emergency issued on 07/26/18.

Governor issued Proclamation of State of Emergency issued on 07/28/18.

Governor issued Executive Order "B-53-18" issued 9/9/18.

CAL FIRE, California Geologic Survey, US Forest Service, "Carr Fire: WatershedEmergency Response Team Report, CA-SHU-007808", September 27, 2018.

Pursuant to GOV § 11346.1(b)(2~, following is the information required by GOV §11346.5(a)(2) (the reference to the authority(s) under which the regulation is proposed and areferences) to the particular code sections or other provisions of law that are beingimplemented, interpreted, or made specific).

14 CCR § 1038 Note: Authority cited: Sections 4551,.4553, and 4584 Public ResourcesCode. Reference: Sections 4290, 4291, 4516, 4527, 4584, and 4597, Public ResourcesCode; and EPIC v. California Department of Forestry and Fire Protection and Board ofForestry (1996) 43 Cal. App.4th 1011.

Pursuant to 1 CCR § 20(c)(1), no documents are incorporated by reference in theseregulations.

The Board had available the entire rulemaking file, including all information consideredas a basis for this proposed regulation, available for public inspection and copyingthroughout the rulemaking process at its office in Sacramento, California.

Pursuant to 1 CCR § 48, the notice. required by Government Code section 11346.1(a) shallcontain the following or substantially similar statement:"Government Code section 11346.1(a)(2) requires that, at least five working 'days prior tosubmission of the proposed emergency action to the Office of Administrative Law, the adoptingagency provide a notice of the proposed emergency action to every person who has filed arequest for notice of regulatory action with the agency. After submission of the proposed

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emergency to the Office of Administrative Law, the Office of Administrative Law shall allowinterested persons five calendar days to submit comments on the proposed emergencyregulations as set forth in Government Code section 11349.6."

Pursuant to 1 CCR §50(a)(5)(A) and GOV § 11346.1 (a){2J the Board provided a five working-day notice. The proposed action was, at a minimum, posted on the Board's website (pursuantto GOV § 11346.4{a}(6)), sent to the Board mailing list (pursuant to GOV § 11346.4(a)) andwidely distributed via email (pursuant to GOV § 11340.85) at least five working days prior tobeing submitted to the Office of Administrative Law.

Pursuant to GOV § 11346.1(b)(2), following is the information required by GOV §11346.5(a)(3)

INFORMATIVE DIGESTPursuant to the Z'berg-Nejedly Forest Practice Act of 1973, PRC § 4511, et seq. theBoard is authorized. to construct a system of forest practice .regulations applicable totimber management on state and private timberlands. - -

Pursuant to PRC §4584 the Board is authorized to exempt a person engaged in specificforest management activities, upon determining that the exemption is consistent withthe purposes of CHAPTER 8. Z'berg-Nejedly Forest Practice Act of 7973 (FPA), fromthe FPA, or portions of the. FPA,

Specifically, PRC § 4584(c), authorizes the Board to adopt regulation to provide anexemption, from the plan preparation and submission requirements (PRC § 4581) andfrom the completion report and stocking report requirements (PRC §§ 4585 and 4587)of the FPA, to a person engaging in specified forest management activities, including,the. cutting or removal of dead, dying, or diseased trees of any size.

Additionally, pursuant to PRG § 4551.5, the rules and regulations that the Board isauthorized to adopt includes measures for fire prevention and control and for preventionand control of damage by forest insects, pests, and disease.

Pursuant to this statutory authority, the Board amended 14 CCR § 1038, by adopting anew subsection (n), in accordance with the provisions of the statute.

.The effect of the proposed action is to provide an exemption from portions of FPA to allow..the harvesting of dead or dying trees around damaged or destroyed Approved and LegallyPermitted Structures in order to facilitate the removal of hazardous materials from andassist in the reconstruction and revitalization of areas directly affected by the 2018northern California wildfires in in Lake, Siskiyou, Mendocino, Shasta, Trinity, and Napacounties. The proposed action will provide exemption from the plan preparation andsubmission requirements (PRC § 4581) and from the completion report and stockingreport requirements (PRC §~ 4585 and 4587) of the FPA when specific requirements are.met.

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The primary benefit of the proposed action is the reduction in risk to life, property and theenvironment posed by dead and dying trees through streamlining their harvest andremoval, therefore enabling landowners to successfully recover from the destructivewildfire events in the summer of 2Q18.

The proposed action does not differ substantially from an existing comparable federalregulation or statute.

The Board performed a search of existing regulations and concluded that the proposedregulation is not inconsistent or incompatible with existing state regulations.

Pursuant to GOV § 11346.1(b)(2), following is the information required by GOV § 1346.5(a)(4).There are no other matters as are prescribed by statute applicable to the specific stateagency or to any specific regulation or class of regulations.

Pursuant to GOV § 11346.1(b)(2), following is the information required by GOV § 11346.5(a){5).The Board finds that the proposed regulation does not impose a mandate on localagencies or school districts.

Pursuant to GOV § 11346.1(b)(2), following is the information required by GOV § 1346.5(a)(6).No costs or savings to any State agency are expected.

The proposed regulation does not impose a reimbursable cost to any local agency orschool district (under Part 7 (commencing with Section 17500 of Division 4)). There areno other nondiscretianary costs or savings imposed on local agencies. There are nocosts or savings in federal funding to the State.

The Board took action to authorize emergency rulemaking based on the findings providedpursuant to GOV § 11346.1(b)(2). The problem that the Board has addressed in the proposedaction is described in the findings provided pursuant to GOV § 11346.1(b)(2). The fundamental

rop blem is that the northern California wildfires caused unprecedented damage and destructionthroughout the counties of in Lake, Siskiyou, Mendocino, Shasta, Trinity, and Napa. The largenumber of trees that have been damaged and weakened as a result of these fires willhamper rebuilding and reconstruction of these areas. Additionally, dead and dying treesrepresent a potential hazard to life or property as they deteriorate and ultimately collapse.

The purpose of the proposed action is to provide a person engaging in the cutting or removal ofdead or dying trees an exemption, from the plan preparation and submission requirements (PRC§ 4581) and from the completion report and stocking report requirements (PRC §§ 4585 and4587) of the Forest Practice Act, when specific requirements are met.

Amend 14 CCR § 1038.5(2)The purpose of this amendment is to eliminate this sub-provision which identifies requirements forTimber Operations conducted within the Lake Tahoe Region pursuant to this section. Subsection(a) of this section geographically restricts the use of this subsection to the counties of Lake,

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E.

Siskiyou, Mendocino, Shasta, Trinity, and Napa, none of which exist within the Lake TahoeRegion. The elimination of this provision is necessary to clarify that the requirements do not applyto this section due to the geographic limitations.

Amend 14 CCR § 1038.5(b)(2)The purpose of this amendment is to clarify that timber operations conducted pursuant to thissection must comply with the operational provisions of the Rules, as defined by 14 CCR § 895.1.Previously,. the -term "District Forest Rules" had been used, however this term is not defined within14 CCR § 895.1 and may cause confusion. The term "District Forest Rules" refers to rules andregulations, adopted by the Board, which are applicable to Districts, pursuant to 14 CCR § 895.1and Article 1 of Subchapter 3 of Chapter 14 of Title 14 of the California Code of Regulations.These terms "District Forest Rules" and ̀ Rules" are synonymous here and this amendment isnecessary to clarify the applicability of these regulations.

Additionally, "Timber Harvest Plan" has been revised to "Timber Harvesting Plan" to reflect thecorrect usage of the term as defined within 14 CCR § 895.1. This is necessary to clarify the.applicability of provisions related to Timber Harvesting Plans.

Amend 14 CCR § 1038.5(d)(2)The purpose of this amendment is to clarify that only one criteria or condition of.14 CCR §1038.5(d)(2)(A)-(C) must be met to satisfy the requirements of 14 CCR § 1038.5(d)(2). This isnecessary to correct this previous error of omission. The portion of the sentence immediatelypreceding this amendment makes clear that one or more of the criteria must be met, and thisamendment clarifies this requirement.

Non-substantive AmendmentsTerms which are defined pursuant to 14 CCR § 895.1 have been capitalized throughout.

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